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Wednesday, March 28, 1984 / Rules and Regulations 11829 Labeling and Advertising Will Allow Wineries to Designate Their

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Wednesday, March 28, 1984 / Rules and Regulations 11829 Labeling and Advertising Will Allow Wineries to Designate Their Federal Register / Vol. 49, No. 61 /-Wednesday, March 28, 1984 / Rules and Regulations 11829 (i)Delineation offormation. The labeling and advertising will allow Connecticut, submitted a ritten Lower Mississippian Little Valley wineries to designate their specific comment seeking the inclusion of the Formation is found in Scott and grape-growing area and will help coastal plain of Connecticut between Washington Counties, Virginia. The consumers identify the wines 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 Sound, 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, Wine 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 grapes. 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.
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