Federal Register / Vol. 49, No. 61 /-Wednesday, March 28, 1984 / Rules and Regulations 11829

(i)Delineation offormation. The labeling and advertising will allow , submitted a ritten Lower Mississippian Little Valley wineries to designate their specific comment seeking the inclusion of the Formation is found in Scott and -growing area and will help coastal plain of Connecticut between Washington Counties, Virginia. The consumers identify the they the Mystic and Connecticut Rivers. This 'designated area consists of purchase. area extends 10 miles inland from Long approximately 89 square miles EFFECTIVE OATE: April 27,1984. Island , and experiences a climate comprising all of the Mendota.and FOR FURTHER INFORMATION CONTACT. similar to the proposed viticultural area. Wallace quadrangles south of the Charles N. Bacon, FAA, and Beer Name Holston River in Virginia. Branch, Bureau of Alcohol, Tobacco and (ii)Depth. The average depth to the Firearms, Washington, DC 20226, The name "Southeastern New top of the Lower Mississippian Little Telephone: (202) 56-7626. England" is descriptive of the land Valley Formation is 3,191 feet. The SUPPLEMENTARY INFORMATION: adjoining coastal bodies of water in formation has an average thickness of eastern Connecticut, Rhode Island, and 673 feet Background Massachusetts south of the Boston area. [FR Doc. 84-8235 Filed 3-27-84; 8:45 am] ATF regulations in 27 CFR Part 4 It has been used by the New England BILLING CODE 6717-01-H allow the establishment of definite River Basins Commission to describe viticultural areas. These regulations also this portion of New England. No DEPARTMENT OF HEALTH AND allow the name of an approved comments were addressed to the name. viticultural area to be used as an and ATF is adopting "Southeastern NeW HUMAN SERVICES appellation of origin on wine labels and England" as the name of the viticultural in wine advertisements. Section 9.11, area. Food and Drug Administration Title 27, CFR, defines an American Geographic Criteria 21 CFR Part 520 viticultural area as a delimited grape- growing region distinguishable by Climate distinguishes the Southeastern New England viticultural Oral Dosage Form New Animal Drugs geographical features. Under 27 CFR 4.25a(e)(2), any interested person may area from adjacent areas in New Not Subject to Certification; Cythloate England and New York. The U.S. Oral Liquid and Tablets petition ATF to establish a grape- growing region as an American Weather Service categorizes this area as Correction viticultural area. Approved American the coastal division of Connecticut, viticultral areas are listed in 27 CFR Rhode Island, and Massachusetts. Its In FR Doc. 84-3915 beginning on page climate is moderated by proximity to 5614 in the issue of Tuesday, February Part 9. Petitionfor SoutheasternNew coastal bodies of water including Long 14, 1984, make the following correction: Island Sound, Block Island Sound, In column two, sixth line from the England. Mr. James Mitchell, of Sakonnet Vineyards, Little Compton. Narragansett Bay, Rhode island Sound, bottom, "45 FR 42036" should read "45 Buzzards Bay, Cape Cod Bay, and FR 40236". Rhode Island, petitioned for a viticultural area located in coastal Massachusetts Bay. BILLING CODE 1505-01-M Connecticut, Rhode Island and The entire Southeastern New England Massachusetts. viticultural area experiences a low ATF Region I climate on the scale used by DEPARTMENT OF THE TREASURY In response to this petition, proposed the Southeastern New England Winkler and Amerine of the University Bureau of Alcohol, Tobacco and viticultural area in Notice No. 477 on of California to measure degree days. Firearms August 4,1983 (48 FR 35462). In that Geographic criteria for inclusion notice, ATF solicited comments on within the Southeastern New England 27 CFR Part 9 alternative names or boundaries for the viticultural area include a growing proposed viticultural area. Notice No. season of 180 days or longer, average ET.D. ATF-169; Reference Notice No. 477] 477 also proposed a "Martha's annual precipitation of 44 inches, Vineyard" viticultural area which will average daily temperatures of 30' F. in Southeastern New England Viticultural January, 70 F. in July, and a mean daily Area be the subject of a separate Treasury decision. range of temperatures during the AGENCY: Bureau of Alcohol, Tobacco Comments. ATF received two written growing season of 20* F. or less. and Firearms (ATF), Treasury. responses to the proposed Southeastern Comments from both the University of ACTION: Final rule, Treasury decision. New England viticultural area. One Connecticut and from Crosswoods comment submitted by Professor Everett Vineyards favored extending the SUMMARY: This rule establishes a R. Emino, Department of Plant Science viticultural area westerly into viticultural area located in Connecticut, of the University of Connecticut at Connecticut beyond the Mystic River. Rhode Island, and Massachusetts Storrs, sought inclusion of the entire The comment from Crosswoods known as "Southeastern New England." coastal plain of Connecticut within the Vineyards indicated that the coastal This final rule is the result of a petition viticultural area. He stated this area region of Connecticut extends into submitted by Mr. James Mitchell, of experiences the same climate as the Fairfield County to the New York Sakonnet Vineyards, Little Compton, portions of Rhode Island and boundary, and generally reaches no Rhode Island, and of written comments Massachusetts within the proposed more than 10 miles inland from Long received in response to the proposed area. He also noted that establishment Island Sound. Their evidence shows that regulation. of the proposed area would unfairly the growing season of 180 days or more The Bureau of Alcohol, Tobacco and disadvantage the Connecticut wine generally follows the coastal division in Firearms believes the establishment of industry relative to Rhode Island and Connecticut. but is wider in the eastern Southeastern New England as a Massachusetts. part of the State while narrowing viticultural area and its subsequent use Mrs. Hugh P. Connell of Crosswvoods significantly toward the New York as an appellation of origin in wine Vineyards, North Stonington, border. Other evidence shows the :11830 Federal Register I Vol. 49, No. 61 / Wednesday, March 28, 1984 / Rules and Regulations 11830 Federal Register I Vol. 49, No. 61 I Wednesday, March 28, 1984 / Rules and Regulations coastal plain has a mean annual England viticultural area covers requirement to collect information Is temperature of between 50 and 51 ° F., approximately 2,930 square miles or imposed. and that its rainfall varies between 44 1,875,200 acres. and 50 inches per year. Approval of the Southeastern New Drafting Information No comments were submitted relative England viticultural area in no way The principal author of this document to the climate in Rhode Island or affects the Martha's Vineyard is Charles N. Bacon, FAA, Wine and Massachusetts. viticultural area which was also Beer Branch, Bureau of Alcohol, proposed in Notice No. 477. A separate Tobacco and Firearms. Boundaries final rule will be issued for that area; Using the geographical criteria The proposed Martha's Vineyard List of Subjects in 27 CFR Part 9 presented above, and following the viticultural area is included within the Administrative practices and coastal regions of Massachusetts, Rhode Southeastern New England viticultural" procedures, Consumer protection, Island, and Connecticut, Notice No. 477 area. Viticultural areas, and Wine. proposed boundaries for the Miscellaneous Southeastern New England viticultural Authority and Issuance area. This area included New London ATF does not wish to give the County east of the Mystic River and impression that by approving Accordingly, under the authority South of the 410 30' latitude line; Southeastern New England d's a contained in 27 U.SC. 205, the Director Washington, Bristol and Newport viticultural area, it is approving or is amending 27 CFR Part 9 as follows: Counties and a small portion of endorsing the quality of the wine from Providence County; and Massachusetts the area. ATF is approving this area as PART 9-AMERICAN VITICULTURAL south and east of the Amtrak mainline being distinct and not better than other AREAS and the Neponset River. All offshore areas. By approving this area, wine Paragraph 1. The table of sections In islands between the Neponset River'and producers are allowed to claim a 27 CFR Part 9 is amended by adding the Mystic River were included within distinction on labels and advertisements § 9.72 which reads as follows: the proposed area. o as to the origin of the . Any Based on the above comments relating commercial advantage gained can only to geographic criteria of Connecticut's come from consumer acceptance of Subpart C-Approved American coastal plain, ATF is extending the Southeastern New England wines. viticultural area west to the Quinnipiac Viticultural Areas Flexibility Act River. The boundary begins in New Regulatory Paragraph 2. Subpart C is amended by Haven Harbor, follows Connecticut The notice of proposed rulemaking adding § 9.72 which reads as follows: Highways 80, 9, and 82 east to Norwich, which resulted in this final rule follows Connecticut Highway 2 east to contained a certification under the § 9.72 Southeastern New England. provisions of section 3 of the Regulatory Highway 165, and then follows (a) Name. The name of the viticultural Connecticut and Rhode Island Highway Flexibility Act (5 U.S.C. 605(b)), that if area described in this section is promulgated as a final rule, it would not 165 east to U.S. Interstate 95. The "Southeastern New England," remainder of the boundaries are as have a significant impact on a proposed in Notice No. 477. All offshore substantial number of small entities. (b) Approved maps. The approved islands (including Martha's Vineyard) Therefore, the requirement contained iii maps for determining the boundary of between the Neponset and Quinnipiac the Regulatory Flexibility Act (5 U.S.C. the Southeastern New England Rivers are included within the 603, 604) for a final regulatory flexibility viticultural area are three U.S.G.S. maps. viticultural area. For an exact analysis does not apply to this final rule. They are entitled: see § 9.72 (1) "Boston, Mass.; N.H.; Conn.;R.I.; description of the boundary, 12291 set out below. Compliance With Executive Order Maine", scaled 1:250,000, edition of 1950, Although there is evidence that the It has been determined that this final revised 1970; coastal plain of Connecticut extends regulation is not a "major rule" within (2) "Hartford, Conn.; N.Y.; N.J.; - through Fairfield County to the New the meaning of Executive Order 12291 of Mass.", scaled 1:250,000, edition of 1002, York boundary, ATF notes this plain February 17, 1981, because it will not revised 1975; and narrows significantly toward the have an annual effect on the economy of (3) "Providence, R.I.; Mass.; Conn.; western end of the State. At the same $100 million or more; it will not result in N.Y.", scaled 1:250,000, edition of 1947, time, the western coastal plain is a major increase in costs or prices for revised 1969. heavily urbanized west of the consumers, individual industries, (c) Boundaries.The Southeastern New . ATF has, therefore, Federal, State, or local government England viticultural area is located In not included the western portion of the agencies, or geographic regions; and it the counties of New Haven, New coastal plain in the viticultural area. will not have significant adverse effects London, and Middlesex in Connecticut; on competition, employment, General Information in the counties of Bristol, Newport, investment, productivity, innovation, or Providence, and Washington, in Rhode Within the Southeastern New England on the ability of United States-based Island; and in the counties of viticultural area there are nine bonded enterprises to compete with foreign- Barnstable, Bristol, Dukes, Nantucket, wineries with others being established. based enterprises in domestic or export Norfolk, and Plymouth in It is estimated that there are between markets. Massachusetts. The beginning point Is 200-300 acres of grapes with additional Paperwork Reduction Act found on the "Hartford" U.S.G.S. map in acreage planned in the near future. New Haven Harbor, Vineyards are widely distributed and The provisions of the Paperwork consist of both French Hybrid grapes Reduction Act of 1980, Pub. L. 96-511, 44 (1) Then north following the and Vinifera grapes, especially U.S.C. Chapter 35, and its implementing Quinnipiac River to U.S. Interstate 91. , White , and Pinot regulations, 5 CFR Part 1320, do not (2) Then east following U.S. Interstate Noir. Overall, the SoutheastermNew apply to this final rule because no 91 to Connecticut Highway 80; Federal Register / Vol. 49, No. 61 / Wednesday, March 28, 1984 / Rules and Regulations 11831

(3) Then east following Connecticut DEPARTMENT OF DEFENSE EFFECTIVE DATE: March 28.1934. Highway 80 to Connecticut Highway 9 FOR FURTHER INFORMATION CONTACT: near Deep River;, Department of the Air Force Col Brooks, HQ USAF/SGB, Boiling AFB, Wash DC 20332, telephone (202). (4) Then north following Connecticut 32 CFR Part 829 Highway 9 to Connecticut Highway 82; 767-4595. (5) Then north, east, south and east Organizing and Operating Off-Base SUPPLEMENTARY INFORMATION: following Connecticut Highway 82 and Patrols PART 932-REMOVED] 182 to Connecticut Highway 2 in AGENCY: Department of the Air Force, Norwich; Defense. Accordingly, 32 CFR is amended by removing Part 932. (6) Then east following Connecticut ACTION: Final rule. Highway 2 to Connecticut Highway 165; List of Subjects in 32 CFR Part 932 (7) Then east following Connecticut SUMMARY: The Department of the Air and Rhode Island Highway 165 to Force is amending its regulations by Animal diseases, Communicable Interstate Highway 95 near Millville; removing Part 829-Organizing and diseases. (8) Then north following Interstate operating off-base patrols, of Chapter Authority: 10 U.S.C. 6012. Highway 95 to the Kent County- VII, Title 32. The source document, Air WVimilbd F. Holmes, Washington County boundary; Force Regulation (AFR) 125-19, has been AirForceFederaliegisterLiafson Officer. revised and determined to be for (9) Then east following the Kent internal guidance only and has no aLINW3 CODE 3910-01-M County-Washington County boundary applicability to the general public. This into Narragansett Bay; action is a result of departmental review Department of the Army; Corps of (10) Then north through Narragansett in an effort to insure that only Bay, the Providence River, and the regulations which affect the public are Engineers Blackstone-River to the Rhode Island- maintained in the Air Force portion of Massachusetts State boundary; the Code of Federal Regulations. 33 CFR Part 209 (11) Then east and south following the EFFECTIVE DATE: March 28,1984. FOR FURTHER INFORMATION CONTACT: Shipping Safety Fairways, Port Rhode Island-Massachusetts State Hueneme, California boundary to the Norfolk-Bristol (Mass.) Mr. Thomas, HQ USAF/SPO, Kirtland County boundary; AFB, NM 87117, telephone (505) 264-- AGENCY: Army Corps of Engineers, 6627. DOD. (12) Then northeast following the SUPPLEMENTARY INFORMATION: Norfolk-Bristol (Mass.) County ACTION: Final rule. boundary to the Amtrak right-of-way PART 829-REMOVED] SUMMARY: The Department of the Army (Penn Central on map) northeast of is deleting the regulations which Mansfield; Accordingly, 32 CFR is amended by removing Part 829. establish a shipping safety fairway in (13) Then north following the Amtrak the approdch to Port Hueneme, rfght-of-way to the Neponset River List of Subjects in 32 CFR Part 829 California. This shipping safety fairway immediately east of the Norwood Federal buildings and facilities, Law has been established by the U.S. Memorial Airport; enforcement officers, Military personneL Guard under its authorities and (14) Then northeast following the Authority. 10 U.S.C. &012. accordingly, the fainay established by the Army is no longer needed. Neponset River into Dorchester Bay; Wimnibel F. Holmes, EFFECTIVE DATE: These rules are (15) Then east following the Norfolk- AirForceFederalfRetisterLaison Offcer. effective on March 28,1984. Suffolk County boundary, and the IFR Dmc. 4-244 Filcd 3-n-C.r &45 cm] Plymouth-Suffolk County boundary into BILLING CODE 3910-01-H FOR FURTHER INFORMATION CONTACT: Massachusetts Bay; Mr. Ralph T. Eppard, Office of the Chief of Engineers, ATTN: DAEN-CWO-N, (16) Then returning to the point of 32 CFR Part 932 Washington, D.C. 20314 or telephone beginning by way of Massachusetts Bay, (202) 272-0199. the Atlantic Ocean, Block Island Sound Prevention and Control of SUPPLEMENTARY INFORMATION: The and ; and including all Communicable Diseases in Animals Corps of Engineers has determined that of the offshore islands in Norfolk, AGENCY: Department of the Air Force, notice of proposed rulemaking is Plymouth, Barnstable, Nantucket, Dukes, DOD. unnecessary and that these rules shall nd Bristol Counties, Massachusetts; all ACTION: Final rule. be effective upon publication in the offshore islands in Rhode Island; and all Federal Register since these rules have offshore islands in Connecticut east of SUMMARY: The Department of the Air been replaced by rules published by the the Quinnipiac River. Force is amending its regulations bk Coast Guard in 33 CFR 165.300. Port Hueneme Shipping Safety Fairways Signed: March 2,1984. removing Part 932-Prevention and control of communicable diseases in were established by the Corps of Stephen E. Higgins, animals, of Chapter VII, Title 32. The Engineers in 33 CFR 209.138 under Director. source document, Air Force Regulation authority of the Outer Continental Shelf Approved: March 12,1984. (AFR) 163-4, has been rescinded. This Lands Act (67 Stat. 463; 43 U.S.C. action is a result of departmental review 1333(e)). The Corps ez!ablished the Edward T. Stevenson, in an effort to insure that only current fairways as specific areas where fixed DeputyAssistantSecretary (Operations). regulations are maintained in the Air structures would not be permitted. [FR noc. 84-8252 Fled 3-27-Si4;8:45 am] Force portion of the Code of Federal Pursuant to the Ports and Waterways BILLING CODE 4810-31--U Regulations. Safety Act, the Coast Guard was