43128 Federal Register / Vol. 50, No. 206 / Thursday, October 24, 1985 / Rules and Regulations 43128 Federal Register / Vol. 50, No. 206 I Thursday, October 24, 1985 I Rules and Re2ulations Special Analysis: this viticultural area as an appellation of Central Coast Counties" on labels of dry Because this rule is only technical in origin will also help winemakers wine. Under section 25236 of the nature, correcting a statutory citation distinguish their products from wines California Alcoholic Beverage Laws, the and a mandated dollar amount, it does made in other areas. term "California central coast counties not constitute a major rule for purposes EFFECTIVE DATE: November 25, 1985. dry wine" may appear on labels of: of Executive Order 12291, and is not FOR FURTHER INFORMATION CONTACT: * * * dry wine produced entirely from subject to the Regulatory Flexibility Act John A. Linthicum, FAA, Wine and Beer grapes grown within the Counties of Sonoma, at 5 U.S.C. 601 et seq. Branch, (202) 566-7626. Napa, Mendocino, Lake, Santa Clara, Santa SUPPLEMENTARY INFORMATION: Cruz, Alameda, San Benito, Solano, San Luis List of Subjects in 14 CFR Part 1261 Obispo, Contra Costa, Monterey, and Main. Administrative practice and Background However, effective January 1, 1983, procedure, Claims, Government On August 23, 1978, ATF published "Central Coast Counties" is not an employees, Personal property, Military Treasury Decision ATF-53 (43 FR 37672, authorized appellation of origin under 27 Personnel and Civilian Employees' corrected at 54624, November 22, 1978,) CFR 4.25a(a)(1) [v) or (c). The names of Claims Act of 1964, as amended. revising regulations in 27 CFR Part 4. two or no more than three counties in Accordingly, Title 14 of the Code of These regulations allow the the same state would be the only Federal Regulations is amended as set establishment of definite viticultural authorized multi-county appellation of forth beloh: areas. The regulations also allow the origin in conjunction with the word name of an approved viticultural area to "counties." PART 1261-PROCESSING OF be used as an appellation of origin on MONETARY CLAIMS (GENERAL) The name "Central Coast" has been wine labels and in wine advertisements. identified as a grape growing/wine 1. The authority citation for 14 CFR On October 2, 1979, ATF published producing region in several books, Part 1261 Subpart 1261.1 is revised to Treasury Decision ATF-60 (44 FR 56692) magazines, and other publications read as follows: which added a new Part 9 to 27 CFR, which cater to the wine industry and providing for the listing of approved Authority: wine consumers. 31 U.S.C. 3721. American viticultural 2. Section 1261.102 is revised to read areas, the names of which may be used as appellations Geographical Features Which Affect as of follows: origin. Viticultural Features § 1261.102 Maximum amount. Section 4.25a(e)(1),.Title 27, CFR, The Central Coast viticultural area is On or after OctobeR1, 1982, the defines an American viticultural area as bounded on the west by the Pacific maximum amount that may be paid a delimited'grape-growing region Ocean and on the east by the California under the Military Personnel and distinguishable by geographical Coastal Ranges. The Coastal Ranges Civilian Employees' Claims Act of 1964, features. Section 4.25(e)(2) outlines the form a barrier to the marine influence on as amended (31 U.S.C. 3721) is procedure for proposing an American climate, causing precipitation, heat $25,000.00. viticultural area. Any interested person summation, maximum high may ATF James M. Beggs, petition to establish a grape- temperatures, minimum low growing region as a viticultural Administrator. area. temperatures, length of the frost-free Taylor California Cellars, a winery in October 18, 1985. season, wind, marine fog incursion, and Gonzales, California, petitioned ATF to relative humidity to be significantly IFR 85-25346 Doc. Filed 10-23-85; 8:45 am] establish the Central Coast viticultural different on opposite sides of these BILLING COOE 7510-01-M area. In response to this petition, ATF mountains. The area inland of the published a notice of proposed Coastal Ranges is typically arid or semi- rulemaking (Notice No. 532) in the DEPARTMENT OF THE TREASURY arid. This difference in climate causes Federal Register on July 11, 1984 harvested grapes to be significantly proposing the establishment of the Bureau of different from grapes grown farther Alcohol, Tobacco and Central Coast viticultural area. Firearms inland. General Description ATF believes that a viticultural area 27 CFR Part 9 The proposed Central Coast named with the word "coast" should be an area which is under the marine [T.D. ATF-216; Re: Notice No. 532] viticultural area consisted of approximately 1 million acres with influence. This idea is based on a Establishment of Central Coast approximately 51,209 acres of principle in General Viticulture by A.J. Viticultural Area grapevines. There are 97 grape growers Winkler, et al (page 68), that grapes and 55 wineries in the proposed area. grown in a coastal region are different AGENCY: Bureau of Alcohol, Tobacco The following approved viticultural from grapes grown in an interior valley and Firearms (ATF), Treasury. areas are wholly within the Central even if both areas have the same heat ACTION: Final rule; Treasury decision. Coast viticultural area: Sections 9.24 summation. Therefore, the eastern Chalone, 9.54 Santa Ynez Valley, 9.27 boundary of the Central Coast SUMMARY: This final rule establishes a viticultural area is drawn at the viticultural area in Monterey, Santa Lime Kiln Valley, 9.58 Carmel Valley, 9.28 Santa Maria Valley, 9.46 approximate inland limit of the marine Cruz, Santa Clara, Alameda, San Benito, Livermore Valley, 9.59 Arroyo Seco, influence on climate. San Luis Obispo, and Santa Barbara 9.35 Edna Valley, 9.80 York Mountain, 9.38 Within the Central Coast area, two Counties, California, known as "Central Cienega Valley, 9.84 Robles, other viticultural areas, Chalone and Coast." The establishment of viticultural Paso 9.39 Paicines, 9.88 Pacheco Pass, and 9.98 Paso Robles, were established because areas and the subsequent use of Monterey. they are also under marine influence, viticultural areas names as appellations but to a lesser degree. The Chalone area of origin in wine labeling and Name is at a high altitude on a precipice above advertising will help consumers better California alcoholic beverage laws the Salinas River Valley. This area identify wines they purchase. The use of regulate the use of the words "California possesses a slightly different Federal Register / Vol. 50, No. 206 / Thursday, October 24, 1985 / Rules and Regulations 43129 microclimate than the surrounding notice of proposed rulemaking "In grapes. Any commercial advantage terrain several hundred feet below it. general, the name 'Central Coast' gained can only come from consumer However, it is still under the marine applies to the coastline between the acceptance of Central Coast wines. climate influence, especially in cities of Santa Cruz and Santa Barbara." comparison to areas which are farther However, Wente Brothers commented Regulatory Flexibility Act inland. that Livermore Valley has been placed The provisions of the Regulatory The Paso Robles area is shielded from in "Central Coast" by wine writers, Flexibility Act relating to a final marine influence from the south and retailers, and consumers. Patrick W. regulatory flexibility analysis (5 U.S.C. west. However, the marine influence Fegan, in his book Vineyards and 604) are not applicable to this final rule traveling south from Monterey Bay, Wineries of America, and The Wine because it will not have a significant through the Salinas River Valley, Spectator, in their book Wine Maps, reaches the Paso Robles area to a include Alameda County in the "Central economic impact on a substantial limited degree. This fact is readily Coast" area. Hugh Johnson, in his book number of small entities. The final rule apparent from the orientation of the Modern Encyclopedia of Wine, will not impose, or otherwise cause, a airport runway at Shandon, California, describes the "Central Coast" area as an significant increase in reporting, parallel to winds in the Salinas River indeterminate area between San recordkeeping, or other compliance Valley. Although, the marine influence Francisco and Santa Barbara. burdens on a substantial number of does not reach Paso Robles through the On the basis of this evidence relating small entities. The final rule is not Shortest route, this area is still under to the name, and on the basis of expected to have significant secondary marine inflence and possesses evidence that the marine climate or incidental effects on a substantial microclimafes characteristic of coastal influence is present throughout the areas number of small entities. valleys, especially in comparison to requested for inclusion by the Accordingly, it is hereby certified areas which are farther inland. commenters, ATF is enlarging the under the provisions of section 3 of the Public Comments approved area to include the Livermore Regulatory Flexibility Act (5 U.S.C. Valley viticultural area and the portion In response to Notice No. 532, ATF 605(b)) that this final rule, will not have of Santa Clara which is under the a significant economic impact on a received comments from the Petitioner marine climate influence. (2 comments), Paul Masson Vineyards, substantial number of small entities. Boundary Modification Sarah's Vineyard, Mirassou Vineyards, Executive Order 12291 and Wente Brothers. Based on the above discussion of Paul Masson Vineyards commented comments received, the boundary of the In compliance with Executive Order that the proposed area defines a Central Coast viticultural area proposed 12291, ATF has determined that this homogeneous climatic zone containing in Notice No. 532 is modified by final rule is not a "major rule" since it microclimate variations within a large incorporating the approved boundary of will not result in: region of marine climate influence. the Livermore Valley viticultural area. (a) An annual effect on the economy Three commenters requested that the The boundary also uses part of the of $100 million or more; proposed northern boundary be approved Santa Cruz Mountains (b) A major increase in costs or prices extended farther north. John Otteman, viticultural area boundary as the for consumers, individual industries, proprietor of Sarah's Vineyard western boundary of the northern requested a modification of the Federal, state, or local government extension. The eastern boundary of the agencies, or geographic regions; or proposed northern boundary to include northern extension is a series of straight his vineyard. The comment, and lines connecting map features on the (c) Significant adverse effect on subsequent correspondence, included eastern ridge of Santa Clara Valley. The competition, employment, investment, evidence supporting the inclusion of a northern extension of the original productivity, innovation, or on the small portion of Santa Clara County, proposed boundary is located ability of United States-based since it is under the marine climate approximately at the inland limit of the enterprises to compete with foreign- influence. The petitioner submitted a marine influence on climate. based enterprises in domestic or export comment supporting the inclusion of this markets. area. Correction of Santa Maria Valley Paperwork Reduction Act Mirassou Vineyards requested a In studying the viticultural areas modification of the proposed northern located within the Central Coast area, The provisions of the Paperwork boundary to include their vineyards. ATF observed that the regulation Reduction Act of 1980, Pub. L. 96-511, 44 located near the city of San Jose. This covering the Santa Maria Valley U.S.C. Chapter 35, and its implementing comment included evidence supporting viticultural area, 27 CFR 9.28, contains regulations, 5 CFR Part 1320, do not the inclusion of most of Santa Clara an error relating to the identification of apply to this final rule because no County, since it is under the marine the maps. This error is corrected in this requirement to collect information is climate influence. This comment also final rule. imposed. contained evidence that the name "Central Coast" applies to areas which Miscellaneous List of Subjects in 27 CFR Part 9 are much farther north than the * ATF does not wish to give the proposed boundary. impression by establishing the Central Administrative practice and Wente Brothers requested a Coast viticultural area that it is procedure, Consumer protection, modification of the proposed northern endorsing the quality of the wine from Viticultural areas, Wine. boundary to include their vineyards this area. ATF is establishing this area Drafting Information located in the Livermore Valley as being distinct and not better than viticultural area. This viticultural area other areas. By establishing this area, The principal author of this document was approved on the basis of marine Central Coast wine producers will be is John A. Linthicum, FAA, Wine and climate influence, among other able to claim a distinction on labels and Beer Branch, Bureau of Alcohol, geographical features. ATF stated in the in advertisements as to the origin of the Tobacco and Firearms. 43130 Federal Register / Vol. 50, No. 206 / Thursday, October 24, 1985 / Rules and Regulations 43130 Federal Register / Vol. 50, No. 206 / Thursday, October 24, 1985 I Rules and Regulations Authority and Issuance (12) Tassajara, Calif. Quadrangle, South, Range I West. (Los Gatos scale 1:24,000, dated 1953, Quadrangle) PART 9-[AMENDED] photoinspected 1974; (9] The boundary follows the 122°00' (13) Byron Hot Springs, Calif. West longitude meridian north [across 27 CFR Part 9-American Viticultural Quadrangle, scale 1:24,000, dated 1953, the San Jose map) to its intersection Areas is amended as follows: photorevised 1968; with Interstate Roiute 580. (Dublin citation for Part 9 is 1. The authority (14) Altamont, Calif. Quadrangle, Quadrangle) to read as follows: , revised scale 1:24,000, dated 1953, photorevised (10) From the intersection of 122°00 Authority: 5 U.S.C. 301; 22 U.S.C. 2778; 26 1968; West longitude meridian with Interstate U.S.C. 7602; 27 U.S.C. 205. (15) Mendenhall Springs, Calif. Route 580, the boundary proceeds in a 2. The table of sections in 27 CFR Part Quadrangle, scale 1:24,000, dated 1956, straight line northeasterly to the 9 Subpart C is amended by adding the photorevised 1971; intersection of the Contra Costa- Luis Obispo, California, scale heading of § 9.75 to read as follows: (16) San Alameda County line with Interstate 1:250,000, NI 10-3, dated 1956, revised Route 680. (Dublin Quadrangle) Subpart C-Approved American Viticultural 1969 and 1979; (11) The boundary follows the Contra Areas (17) Santa Maria, California, scale Costa-Alameda County line Sec. 1:250,000, NI 10-6, 9, dated 1956, revised northeasterly (across the Livermore 1969; and Quadrangle) to its intersection with (18) Los Angeles, California, scale 9.75 Central Coast. east-west section line on the northern 1:250,000, NI 11-4, dated 1974. boundary of Section 16 in Township 2 (c) Boundary. The Central Coast South, Range 2 east. (Tassajara § 9.28 [Corrected] viticultural area is located in the Quadrangle) following California counties: Monterey, (12) The boundary follows this east- 3. Paragraphs (b)(1) and (b)(2) of Santa Cruz, Santa Clara, Alameda, San § 9.28 are corrected by replacing "scale west section line east along the northern Benito, San Luis Obispo, and Santa boundaries of Sections 16, 15, 14, and 13 1:125,000" with "scale 1:250,000". and ranges in Barbara. All townships in Township 2 South, Range 2 east, and 4. Section 9.75 is added to Subpart C this boundary description are derived northern boundary of to read as follows: from Mt. Diablo Base and Meridian. east along the Section 18 in Township 2 South, Range 3 This boundary description includes (in § 9.75 Central Coast east-, to the northeast corner of that parentheses) the name of the map sheet (a) Name. The name of the viticultural Section 18. (Byron Hot Springs on which the described point is found. area described in this section is "Central Quadrangle) (1) The beginning point is the point at (13) The boundary follows the north- Coast." which the Pajaro River flows into (b) Approved maps. The approved Monterey Bay. (Monterey map) south section line, which coincides, in maps for determining the boundary of (2) The boundary follows the Pajaro part, with Dyer Road, south (across the the Central Coast viticultural area are River inland to its confluence with Altamont Quadrangle) along the eastern the following 18 U.S.G.S. topographic Salsipuedes Creek. (Watsonville East boundaries of Sections 18, 19, 30, and 31 east, maps: Quadrangle) in Township 2 South, Range 3 (1) Monterey, California (formerly, the (3) The boundary follows Salsipuedes south along the western boundaries of Santa Cruz map), scale 1:250,000, NJ 10- Creek northerly to its confluence with Sections 5, 8, 17, 20, 29, and 32 in 12, dated 1974; Corralitos Creek. (Watsonville East Township 3 South, Range 3 east, and (2) Watsonville East, Calif. Quadrangle) south along the western boundaries of Quadrangle, Scale 1:24,000, dated 1955, (4) The boundary follows Corralitos Sections 5, 8, 17, and 20 in Township 4 photorevised 1968; Creek westerly to its intersection with South, Range 3 east, to the southwest (3) Mt. Madonna, Calif. Quadrangle, State Route 152. (Watsonville East corner of that Section 20. (Mendenhall Scale 1:24,000, dated 1955, photorevised Quadrangle) Springs Quadrangle) 1980; (5) The boundary follows State Route (14) The boundary follows the east- (4) Loma Prieta, Calif. Quadrangle, 152 northerly across the Santa Cruz- west section line west along the Scale 1:24,000, dated 1955, photorevised Santa Clara County line to its southern boundary of Section 19 in 1968; intersection with the 800-foot contour Township 4 South, Range 3 east, and (5) Morgan Hill, Calif. Quadrangle, line. (Watsonville East Quadrangle) west along the southern boundary of Scale 1:24,000, dated 1955, photorevised (6) The boundary follows the 800-foot Section 24 in Township 4 South, Range 2 1980; contour line northerly to its intersection east, to the southwest corner of that (6) ianta Teresa Hills, Calif. with the section line on the eastern Section 24. (Mendenhall Springs Quadrangle, Scale 1:24,000, dated 1953, boundary of Section 25 in Township 10 Quadrangle) photorevised 1968; South, Range 2 East. (Mt. Madonna (15) The boundary follows the north- (7) Los Gatos, Calif. Quadrangle, Scale Quadrangle) south section line north along the 1:24,000, dated 1953, photorevised 1980; (7) T7he boundary follows this section western boundary of Section 24 in (8) Castle Rock Ridge, Calif. line north to its intersection with the Township 4 South, Range 2 east, to the Quadrangle, Scale 1:24,000, dated 1955, 800-foot contour line. (Mt. Madonna northwest corner of that Section 24. photorevised 1968, photoinspected 1973; Quadrangle) (Mendenhall Springs Quadrangle) (9) San Jose, California, scale (8) The boundary follows the 800-foot (16) The boundary follows the east- 1:250,000, NJ 10-9, dated 1962, revised contour line northerly (across the Loma west section line west along the 1969; Prieta, Mt. Madonna, Morgan Hill, Santa southern boundary of Section 14 in (10) Dublin, Calif. Quadrangle, scale Teresa Hills, Los Gatos, and Castle Township 4 South, Range 2 east, to the 1:24,000, dated 1961, photorevised 1980; Rock Ridge Quadrangles) to its southwest corner of that Section 14. (11) Livermore, Calif. Quadrangle, intersection with the 122*00' West (Mendenhall Springs Quadrangel) scale 1:24,000, dated 1961, photorevised longitude meridian on the western (17) The boundary follows the north- 1968 and 1973; boundary of Section 17 in Township 8 south section line north along the Federal Register / Vol. 50, No. 206 / Thursday, October 24, 1985 / Rules and Regulations 43131 western boundary of Section 14 in County line. (Monterey and San Luis SUMMARY: This document gives notice of Township 4 South, Range 2 east, to the 'Obispo maps) approval of various State plan Hetch Hetchy Aqueduct. (Mendenhall (32] The boundary folows the supplements including a revised Alaska Springs Quadrangle) Monterey-Kings County line field compliance manual, an industrial (18) The boundary follows the Hetch southeasterly to the San Luis Obispo- hygiene technical manual, an inspection Hetchy Aqueduct southwesterly to the Kings County line. (San Luis Obispo scheduling system, an amendment to the range line dividing Range I East from map) Alaska occupational safety and health Range 2 East. (San Jose map) (33) The boundary follows the San legislation, amendments to (19) The boundary follows this range Luis Obispo-Kings County line east to administrative regulations, as well as line south to its intersection with State the San Luis Obispo-Kern County line. several State-initiated changes Route 130. (San Jose map] (San Luis Obispo map) associated with administrative (20) The boundary follows State Route (341 The boundary follows the San reorganization, compliance procedure 130 southeasterly to its intersection with Luis Obispo-Kern County line south, and agreements with other State the township line dividing Township 8 then east, then south to the point at agencies. South from Township 7 South. (San Jose which the county line diverges easterly map) from the range line dividing Range 17 EFFECTIVE DATE: October 24, 1985. (21) From this point, the boundary East from Range 18 East. (San Luis FOR FURTHER INFORMATION CONTACT. proceeds in a straight line southeasterly Obispo mapl James Foster, Director, Office of to the intersection of the township line (35) The boundary follows this range Consumer Affairs, Occupational Safety dividing Township 7 South from ' line south to the township line dividing and Health Administration, U.S. Township 8 South with the range line Township 28 South from Township 29 Department of Labor, 200 Constitution dividing Range 2 East from Range 3 South. (San Luis Obispo map) Avenue NW., Washington, D.C. 20210, East. (San Jose map) (36) The boundary follows the (202) 523-8148. (22) From this point, the boundary township line west to the range line proceeds in a straight line southeasterly dividing Range 13 East from Range 14 SUPPLEMENTARY INFORMATION: to the intersection of the township line East. (San Luis Obispo map) Background dividing Township 8 South from (371 The boundary follows this range Township 9 South with the range line line south to the boundary of the Los The Alaska Occupational Safety and dividing Range 3 East from Range 4 Padres National Forest. (San Luis Health Plan was approved under section East. (San Jose map] Obispo map) 18(c) of the Occupational Safety and (23) From this point, the boundary (38) The boundary follows the Health Act of 1970 (29 U.S.C. 667(c)) proceeds in a straight line southeasterly boundary of the Los Padres National (hereinafter referred to as the Act) and to the intersection of Coyote Creek with Forest southeasterly to. the creek of Toro Part 1902 of this chapter on August 10, the township line dividing Township 9 Canyon. (San Luis Obispo, Santa Maria, 1973 (38 FR 21628). A determination of South from Township 10 South. (San and Los Angeles maps) final approval was made under section ]ose map) (39) The boundary follows the creek of 18(e) of the Act on September 28, 1984 (24) From this point, the boundary Toro Canyon southerly to the Pacific (49 FR 38252). Part 1953 of this chapter proceeds in a straight line southeasterly Ocean. (Los Angeles map) provides procedures for the review and to the intersection of the 37'00 North (40) The boundary follows the approval of State change supplements latitude parallel with State Route 152. shoreline of the Pacific Ocean and (San Jose map) by the Assistant Secretary of Labor for Monterey Bay northerly to the beginning Occupational Safety and Health (25) The boundary follows the 37*00' point. (Los Angeles, Santa Maria, San North latitude parallel east to the range (hereinafter referred to as the Assistant Luis Obispo, and Monterey maps) Secretary). line dividing Range 5 East from Range 6 Signed: October 2, 1985. East. (Monterey map) Description of Supplements (26] The boundary follows this range Stephen E. Higgins, line south to the San Benito-Santa Clara Director. A. Alaska Safety Field Operations County line. (Monterey map) Approved: October 10, 1985. Manual. (27) The boundary follows the San Edward T. Stevenson, The State submitted a revised version Benito-Santa Clara County line easterly Deputy Assistant Secretary (Operations). of its previously approved manual to the San Benito-Merced County line. which [FR Doc. 85-25315 Filed 10-23-85; &45 aml , details compliance procedures for its (Monterey map) BILLINO CODE 4810-31-M (28) The boundary follows the San occupational safety program on May 11, Benito-Merced County line 1984, with revisions on September 6, 19m, March 28, 1985, April 4, 1985, southeasterly to the conjunction of the DEPARTMENT OF LABOR county lines of San Benito, Merced, and March 28, 1985, and June 14, 1985. The Fresno Counties. (Monterey map) Occupational Safety and Health manual is modeled generally after the (29) From this point, the boundary Administration Federal manual, and revisions thereto proceeds in a southwesterly extension through February 11, 1985. of the Merced-Fresno County line to Salt 29 CFR Part 1952 B. Alaska IndustrialHygiene Technical Creek. (Monterey map) Manual (30) From this point, the boundary Approved State Plans for Enforcement proceeds in a straight line southeasterly of State Standards; Approval of The State submitted its manual to the conjunction of the county lines of Supplements to the Alaska State Plan detailing industrial hygiene technical Monterey, San Benito, and Fresno AGENCY: Occupational Safety and procedures on February 21, 1985. The Counties. (Monterey map) Health Administration (OSHA, Labor. State manual is modeled after the (311 The boundary follows the Federal manual and addresses revisions ACTION: Approval of Supplements to the to the Federal manual through October Monterey-Fresno County line Alaska State Plan. southeasterly to the Monterey-Kings 29, 1984.