48078 Federal Register /. Vol 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations 48878 Federal Register I Vol. 50, No. 225 / Thursday. November 21. 1985 / Rules and Regulations Ogden, UT INewI DEPARTMENT OF THE TREASURY Petition That airspace extending upward'from 8,500 feet MSL within lines drawn from lat. Bureau of Alcohol, Tobacco and ATF received a petition proposing a 41'52'54- N., long. 112'56'20" W.; to iat. Firearms viticultural area that extends from Grant 41°46'53" N., long. 113'04'50' W.; to lat. County to Luna County along the 41'30'20" N., long. 112°43'27" W.; to lit. 27 CFR Part 9 Mimbres River Valley in southwestern 41"28'50" N., long. 11V.55'34" W.; to lat. New Mexico. The viticultural area 41048'16' N., long. 113'25'24" W.; to lat. [T.D. ATF-217 Re: Notice No. 5561 follows the Mimbres River southward 41*57'37" N., long. 113°02'36' W.; thence to from an area l6cated approximately 2 the point of beginning: except that airspace Mimbres Valley Viticultural Area miles north of Mimbres to within the confines of Federal airways. AGENCY: Bureau of Alcohol, Tobacco approximately 3 miles south of Issued in Washington, D.C., on November and Firearms (ATF), Treasury. Columbus on the New Mexico, U.S./ 6, 1985. ACTION: Final rule, Treasury decision. Mexico border. It consists of 995 square James Bums, Jr., miles of land (636,800 acres) on which SUMMARY- This final rule establishes a there is one bonded winery and 12 Acting Manager,Airspace-Rules and bonded AeronauticalInformation Division. viticultural area located in Luna and private gripe-growers. The one Grant Counties in southwestern New winery is located near Deming, New IFR Doc. 85-27780 Filed 11-20-85; 8:45 aml Mexico to be known as the "Mimbres Mexico. Currently there are BILLING CODE 4910-13-M Valley." The southern boundary of the approximately 1,500 acres of grapes viticultural area reaches the U.S./ planted for viticulture in the Mimbres Mexico border. The Bureau of Alcohol, Valley viticultural area. Local experts DEPARTMENT OF HEALTH AND Tobacco and Firearms believes the predict that during the next few years, establishment of the "Mimbres Valley" grape acreage and viticultural activity is HUMAN SERVICES as a viticultural area and subsequent expected to increase. dramatically in the use as an appellation of origin on Mimbres Valley. Food and Drug Administration wine labels and in wine advertisements will In response to this petition ATF 21 CFR Part 107 allow wineries to better designate the published a notice of proposed specific grape-growing areas where their rulemaking, No. 556, in the Federal [Docket No. 83N-0270] wines come from, enabling consumers to Register on February 12, 1985, (50 FR better identify the wines they may 5775) proposing the establishment of the Nutrient Requirements for Infant purchase. "Mimbres Valley" viticultural area. Formulas EFFECTIVE DATE: December 23, 1985. After thorough analysis of the evidence, ATF agrees that the Correction FOR FURTHER INFORMATION CONTACT: Edward A. Reisman, FAA, Wine and viticultural area is distinguished from In FR Doc. 85-25875 beginning on page Beer Branch, Bureau of Alcohol, the surrounding areas based on the 45106 in the issue of Wednesday, Tobacco and Firearms, 1200 following evidence submitted by the October 30, 1985, make the following Pennsylvania Avenue NW, Washington, petitioner: correction: DC 20226 (202-566-7626). (1) Evidence that the name "Mimbres" On page 45107, third column, in the SUPPLEMENTARY INFORMATION: Valley" is locally and/or nationally known as referringto the area specified "Authority", fifth line, "31 CFR" should Background have read "21 CFR". in the petition. (a) The Mimbres Valley On August 23, 1978, ATF published derives its name from the Mimbres BILUNG CODE 1505-01-U Treasury Decision ATF-53 (43 FR 37672. Indians who inhabited the valley 54624] revising regulations in 27 CFR, between 1100 and 1300 A.D. Today, Part 4. These regulations allow the ruins of their dwellings are still found in 21 CFR Part 442 establishment of definite viticultural the valley. After the Mimbres Indians areas. The regulations also allow the disappeared, the Mimbreno Apaches [Docket No. 85N-0466] name of an approved viticultural area to moved in from the Southern Great be used as an appellation of origin on Plains. Antibiotic Drugs; Cefotaxime Sodium wine labels and in wine advertisements. (b) During the period that the Apaches Injection On October 2, 1979, ATF published were inhabiting the area, the Spanish Treasury Decision ATF-60 (44 FR 56692) began their first exploration into New Correction which added a new Part 9 to 27 CFR, Mexico. De Vaca crossed this area as In FR Doc. 85-=25809 beginning on page providing for the listing of approved early as 1535. The famous explorer, 45108 in the issue of Wednesday, American viticultural areas, the names Coronado, explored most of New October 30, 1985, make the following of which may be used as appellations of Mexico in 1600. just like the Indians, the correcticons: origin. Spanish left a strong cultural imprint Section 4.25a(e)(1), Title 27, CFR, 1. On page 45109, first column, in upon the area. That is why many defines an American viticultural area as amendatory instruction "§ locations.in the viticultural area have 2, 443.13" a delimited grape-growing region both Spanish and Indian names. The should have read "§ 442.13.". distinguishable by geographical mountain peak north of Deming was 2. On page 45110, first column, in features, the boundaries of which have first called Picaho del Mimbres until it § 442.2136(bl, first line, "Test" should been delineated in Subpart C of Part 9. was later renamed Cook's Peak by the read "Tests". Also, in the same column, Section 4.25a(e)(2), outlines the Anglo-American settlers who came in § 442.2136(b](1)(i), thirteenth line, "or" procedure for proposing an American during the westward expansion. The should read "of".. viticultural area. Any interested person valley'in which Deming is located is may petition ATF to establish a grape- named Mimbres, which means "willow," BILUNG CODE 1505-O1-M growing region as a viticultural area. or osier tree. Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations 48079

(c) Copies of maps submitted by the narrow channel for the Mimbres River. These soils were formed on flood plains petitioner dated 1850 depict the It is bordered by foothills and and stream terraces. They range from Mimbres Mountains, Camp Mimbres mountains. ,sandy to loamy alluvium, and are (U.S. Cavalry installation), and the Rio (b) The northern portion of the generally fine, mixed and deep in Mimbres (Mimbres River). At that time Mimbres Valley viticultural area is in character. These soils are usually level the Rio Mimbres extended south into Grant County near Bear Canyon Dam, to gently sloping in terrain. Mexico where the valley begins to widen and The following soil associations are (d) Viticulture in the Mimbres Valley show distinct evidence of a flood plain found within the boundaries of the, is documented in The History of Luna area. As the river enters Luna County, viticultural area:. County, published in 1978 by the Luna the valley widens into a broad, gently The Mimbres association is found in County Historical Society. According to sloping flood plain. The course of the the center of the Mimbres Valley that publication, vineyards were' found river winds around scattered foothill viticultural area. This soil association in Chinese gardens located east of areas until it sinks from sight northeast includes a relatively broad, nearly level Deming at the turn of the century. In of Deming, New Mexico, At one time, to gently'sloping basin floor or plains . 1913, the Holy Family Church was the primary river course was west of area near the center of Luna County in established in Deming. At that time Deming and proceeded south through the vicinity of Deming, Except for a few grape vines, shade trees, shrubbery and the pass separating the Florida dunes and hummocks and low alluvial fruit trees were planted on the church Mountains and the Tres Hermanas ridges, the land surface is relatively grounds. Mountains. Over the years, the river smooth with a nearly uniform slope (e) The name of Mimbres Valley is in sank at an area east of Columbus, New toward the south. These soils, which are widespread usage today. Since 1850, the Mexico (U.S.G.S. Bulletin 618, 1916). dominantly deep, consist of alluvial. name has been applied to natural and (c) Today, the Mimbres River is an materials of mixed origin. According to manmade landmarks in the Mimbres intermittent stream and is usually dry Soil Conservation Service information, Valley. It also appears in literature and except during periods of rainfall. The much of the alluvial material maps of the area. Some uses of the name Mimbres River has no definite channel undoubtedly was brought into this'basin that are found within or near the in the southern part of Luna County. At by the Mimbres River and its tributaries. boundaries of the viticultural area are times, water from rainfall drainage has Most of the irrigated land inLuna Mimbres, Mimbres Valley, Mimbres reached as far south as the Mexican County is in this association. Cotton, Peak, Mimbres River, Camp Mimbres, border. The viticulture extends south to grain sorghums, alfalfa, corn, small soil associations including Mimbres the New Mexico, U.S.A.-Mexico border. grains, beans, vegetables and pecans are (Mimbres-Verhalen, Hondale-Mimbres- (d) The Florida, Tres Hermanas the principal agricultural crops of the Bluepoint) and also the Mimbres Mountains and other non-agricultural Underground Basin. These references all land areas were excluded from the area. appear on U.S.G.S. and Soil boundaries of the proposed viticultural Mimbres soils, the most extensive in the association, Conservation Service maps submitted area because the soils, terrain and no are characterized bya by the petitioner and verified by ATF. available water rights make these moderately thick surface layer.of light These names have long been established mountain areas off limits to grape- brownish-gray loam or silty clay loam to clearly and closely associate the growing or any other commercial over a thick subsoil of pale brown silty identity of the Mimbres Valley to the agricultural potential. 'clay loam or clay loam. A very high Elevations in of the soils in this . land within the boundaries of this these excluded areas that contain much percentage viticultural area. rock odt-croppings reach as high as association are well suited for use as (f0.There is one bonded winery 7,500 feet. Elevations within the cropland under irrigation. located within the boundaries of the viticultural area generally range from The Mimbres-Verhalen association is viticultural area. It is known as St. Clair approximately 4,000 to 6,000 feet above found in the southern part of the Vineyards and is located three miles sea level. Mimbres Valley. It occupies nearly level south of Deming. The base of the After carefully considering the to very gently sloping valley bottoms operation of this new winery is 600 boundaries and name of the viticultural and basin floors contiguous to the* acres of grapes. The grape varieties area and supporting evidence submitted Mimbres and Macho intermittent being grown by St. Clair Vineyards by the petitioner, ATF is adopting the drainages. These soils, which are' include French Colombard, Sauvignon Mimbres Valley viticultural area moderately fine and fine-textured, Blanc, Chardonnay, Malvasia Bianca, boundaries and name stated in the consist of alluvial sediments of mixed Muscat Canelli, Ugni Blanc, Zinfandel, notice of proposed rulemaking and origin. Barbera, Cabernet Sauvignon, Merlot, found in this final rule. The Hondale-Mimbres-Bluepoint Ruby Cabernet, Pinot Noir and Chenin (3) Evidence of the geographical association is found in the central and Blanc. Another winery, owned by Luna characteristicswhich distinguish the western area of the Mimbres Valley. County Wine Development Corporation, Mimbres Valley viticulturalarea from Included in this association are broad, is.proposed to be constructed near the surroundingareas.-a) Soils. The nearly level to very gently sloping basin Deming in the near future. geographical features within the floors and valley bottoms. These soils (2) Historicalor current evidence that boundaries of this viticultural area are which are deep, consist of basin-fill the boundaries of the viticulturalarea level to gently sloping alluvial soils. The sediments of mixed origin. are as specified in the petition. (a) The soil associations within the boundaries The following soils, not found within area historically known as the Mimbres of the viticultural area are based upon boundaries of the viticultural area but Valley begins at the headwaters of the U.S.D.A. Soil Conservation Service and are found within the areas surrounding Mimbres River between Reeds Peak and Water Resources Research Institute it are: McKnight Mountain, in the Black Range, information verified by ATF Soils found The Rockland-Lehmans association near the Continental Divide in Grant within the boundaries of the viticultural includes the mountain ranges, isolated County, New Mexico. This northern part area include Mimbres-Verhalen, mountain peaks, ridges and hills that are of the valley which is not included in the Mohave Stellar, Hondale-Mimbres- not found with the boundaries of the boundaries of the viticultural area is a Bluepoint, and Mimbres- associations. Mimbres Valley viticultural area. This 48080 Federal Register / Vol. 50, No. 225 1 Thursday, November 21, 1985 / Rules and Regulations 48080 Federal Register / Vol. 50, No. 225 I Thursday, November 21, 1985 / Rules and Regulations association is formed in areas other type of commercial agricultural these basin floors include the Hondale- surrounding the Mimbres Valley such as products. Therefore, grape-growers must Mimbres-Bluepoint association, the in the Cook's Range (to the east), Tres depend on underground supplies of Mimbres association and the Mimbres- Hermanas Mountains (just outside to the water that are delivered to the grape Verhalen association. Most water west of Columbus), Florida Mountains vines either by flood or drip irrigation drainage in the Mimbres Valley (to the east), Carrizalillo Hills (to the methods. Presently, there are viticultural area flows into these closed west), Cedar Range (to the west) and approximately 1,500 acres of grape vines basins. It is part of a larger closed-basin Good Sight Mountains (to the east). within the Mimbres Valley viticultural complex that drains into the Playa Their characteristic features are the area. Of the 1,500 acres of grapes now region of Northern Chihuahua in steep to very steep slopes and shallow producing, 683 acres operate under the Mexico. The Mimbres River which and rocky'soils which contain numerous drip irrigation method. originates in the mountains north of exposures of bedrock. The stony and According to the publication titled Luna County is the principal drainage of extremely rocky soils of this association "New Mexico Water Rights (March the Mimbres Valley. are dominated by materials of acid 1984)" written by Linda G. Harris of the The more extensive and important igneous origin. New Mexico Water Resources Research mountain ranges excluded from the The Nickel-Upton-Tres Hermanas Institute, virtually all of New Mexico's .boundaries of the viticultural area association includes the gently to surface water already belongs to include the Cook's (Cookes) Range strongly sloping and undulating soneone. The rights to the ground water located to the east, which attains an piedmont slopes located at the base of are vested rights if existing and altitude of 8,404 feet on the summit of the desert mountains and hills found recognized at the time a ground water Cook's (Cookes) Peak, and the Florida surrounding the viticultural area. It is basin is declared. The state engineer Mountains located southeast of Deming, common for this general soil area to must review applications for permits to with altitudes reaching 7,500 feet. These completely surround the rough broken withdraw or use surface or ground upland areas consisting of mountains and rockland areas that are dominated water. Water rights may be transferred and hills are steep, with considerable by hills and low mountains. According only within basin boundaries. There are differences in local relief. In these to U.S. Soil Conservation Service maps, currently 31 declared ground water mountain areas, temperatures may be this association is found near the Cook's basins in New Mexico. The Mimbres expected to be a few degrees cooler and Range, Tres Hermanas Mountains and Valley is one of those basins. The area precipitation a little greater. Soils in the Cedar Range. has similar climate features, elevations these areas are found to be rocky and (b) Water Availability. In the early and soil types. Most important, this area not useful for agriculture. Reports part of this century irrigation was has potential for commercial agricultural compiled by the New Mexico State introduced to Luna County. By 1915 this irrigation with the existing water rights. University, Agricultural Experimental form of delivering water to the soil According to Kenneth Kunkel, Station at Las Cruces titled Soil reached a peak in the area. The Climatologist for the State of New Classificationfor Irrigotion-Lunaand favorable climate and suitability of soils Mexico and facts obtained from the GrantCounties (Research Reports 176 for irrigation, coupled with the skillful New Mexico State University, and 200), substantiate the distinction management applied to the various Agriculture Experiment Station between the mountain areas kinds of soils by farmers, have allowed Research Report (176), precipitation surrounding the Mimbres Valley and the the land in the viticultural area to be averages 9 inches annually in the flood plain valley areas within it. agriculturally productive. Water for Mimbres Valley. At Fort Bayard, located irrigation in the viticultural area has just west, (near the north end of the Although most of the land area always been obtained from wells. Mimbres Valley viticultural area) it included within the boundaries of the In this area of the country, the averages 15 inches. At Lordsburg, viticultural area is similar in topography, potential for expanding irrigation is located 40 miles to the west of the there are a few spotted locations where limited by the lack of water and by viticultural area, it averages 10.5 inches independent lesser mountains are economic restrictions, rather than by a annually. In the Mesilla Valley which is located within it. They are Red shortage of suitable soils. The State of located 30 miles east of the Mimbres Mountain (elevation 5,422 feet), Black New Mexico has devised a plan for Valley, rainfall averages only 8 inches Mountain (elevation 5,375 feet) and agricultural land use based on the annually. The Mesilla Valley which' Taylor Mountain (elevation 5,938 feet). relationship between suitability of soils, covers approximately 445 square miles They are rather small mountains with size, and location of land in relation to of land running along the Rio Grande minimal amounts of foothills associated developmental demand. The River, extends from just north of Las with them. surrounding areas excluded from the Cruces, New Mexico to El Paso, Texas. As a result of the combined evidence boundaries of the viticultural area are The Mesilla Valley viticultural area provided by the petitioner, ATF finds generally steep and rocky and are not which is located partially in New the "Mimbres Valley" viticultural area suited to viticulture either because of Mexico and Texas, was approved as an to be a delimited grape-growing region soil type or unavailability of water American viticultural area on March 18, distinguishable by geographical features sources. ATF has verified the fact that 1985 (T.D. ATF-197). (soils, water availability and distinct some areas of land were excluded from (c) Distinct valley area.According to valley area). the limits of the viticultural area information provided by the petitioner, Discussion of Comments because that land lacked water rights. the non-mountainous part of Luna ATF agrees with the petitioner, that County conveniently divides into two In Notice No. 556, ATF invited areas such as those where water rights physiographic areas, the piedmont comments from interested parties are unavailable, lack potential for slopes surrounding the mountains and regarding the proposal of the agricultural development regardless of the basin floor valley area. The nearly establishment of the Mimbres Valley soil, climate, location, or any other level to very gently sloping basin floors viticultural area. ATF was particularly geographical feature. occupy the lower parts of the interested in receiving comments Rainfall in this desert area is landscapes in this area. The three regarding the boundaries of the insufficient to support viticulture or any general soil associations recognized on viticultural area. ATF received no Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations 48081 b comments during the 45-day comment Disclosure (5) "Capital Dome, N. Mex.," 7.5 period. A copy of the petition and supporting minute series, edition of 1965; Miscellaneous evidence are available for inspection (6) "Came, N. Mex.," 7.5 minute series, edition of 1965; ATF does not wish to give the during normal business hours at the following location: ATF Reading Room, (7) "Columbus, N. Mex.," 7.5 minute impression by approving the "Mimbres series, edition of 1965; Valley" as an American viticultural area Room 4407, Office of Public Affairs and Disclosure, 12th and Pennsylvania (8)"Columbus NE, N. Mex.," 7.5 that it is approving or endorsing the minute series, edition of 1966; quality of the wine that comes from this Avenue NW, Washington, DC 20228. area. ATF is approving (9) "Columbus SE, N. Mex.," 7.5 this area as Drafting Information minute series, edition of 1966; being distinct and not better than other areas. By approving this area, wine The principal author of this document (10) "Deming East, N. Mex.," 7.5 producers are allowed to claim a is Edward A. Reisman, FAA, Wine and minute series, edition of 1965; distinction on labels and advertisements Beer Branch, Bureau of Alcohol, (11) "Deming West, N. Mex.," 7.5 as to the origin of the grapes. Any Tobacco and Firearms. minute series, edition of 1964 (photoinspected 1972); commercial advantage-gained can only List of Subjects in 27 CFR Part 9 come from consumer acceptance *of (12) "Dwyer, N. Mex.," 15 minute "Mimbres Valley" wines. Administrative practice and series, edition of 1956; procedure, Consumer protection, (13) "Faywood Station, N. Mex.," 7.5 Regulatory Flexibility Act Viticultural areas, Wine. minute series, edition of 1947; (14) "Florida Gap, N. Mex.," 7.5 The provisions of the Regulatory Authority and Issuance Flexibility Act relating to an initial and mintue series, edition of 1964; final regulatory flexibility analysis (5 PART 9--[AMENDED] (15) "Goat Ridge, N. Mex.," 7.5 minute U.S.C. 603, 604) are not applicable to this series, edition of 1964; final rule because it will not have a 27 CFR Part 9-AMERICAN (16) "Gym Peak, N. Mex.," 7.5 minute significant economic impact on a VITICULTURAL AREAS is amended as series, edition of 1964; substantial number of small entities. follows: (17) "Hermanas, N. Mex.," 7.5 minute This final rule will not impose, or Paragraph 1. The authority citation for series, edition of 1984; otherwise cause, a significant increase Part 9 is revised to read as follows and (18) "Malpais Hill, N. Mex.," 7.5 in reporting, recordkeeping, or other the authority citations following § 9.23 minute series, edition of 1965; compliance burdens on a substantial and § 9.29 are removed: (19) "Midway Butte, N. Mex.," 7.5 number of small entities. This final rule Authority 27 U.S.C. 205. minute series, edition of 1965; (20) "Myndus, N. Mex.," 7.5 minute is not expected to have significant Par. LA. The table of sectioris in 27 secondary or incidental effects on a series, edition of 1972; CFR Part 9, Subpart. C, is amended to (21) "North Peak, N. Mex.," 7.5 minute substantial number of small entities. add the Accordingly, title of § 9.103 to read as series, edition of 1965; it is hereby certified follows: under the provisions of section 3 of the (22) "Red Mountain, N. Mex.," 7.5 Regulatory Flexibility Act (5 U.S.C. Subpart C-Approved American Viticultural minute series, edition of 1965; 605(b)) that this final rule will not have a Areas (23) "San Lorenzo, N. Mex.," 15 significant economic impact on a Sec. minute series, edition of 1956; substantial number of small entities. (24) "Sibley Hole, N. Mex.," 7.5 minute 9.103 Mimbres Valley. series, edition of 1972; Compliance with Executive Order 12291 (25) "South Peak, N. Mex.," 7.5 minute It has been determined that this final Par. 2. Subpart C, is amended by series, edition of 1965; rule is not classified as a "major rule" adding § 9.103 to read as follows: (26) "Spalding, N. Mex.," 7.5 minute within the meaning of Executive Order series, edition of 194; Subpart C-Approved 12291, 46 FR 13193 (1981), because it will American (27) "West Lime Hills, N. Mex.," 7.5 Viticultural not have an annual effect on the Areas minute series, edition of 1965; and economy of $100 million or more; it will (28) "Williams Ranch, N. Mex.," 7.5 not result in a major increase in costs or minute series, edition of 1984. prices for consumers, individual §9.103 Mimbres Valley. (c) Boundaries.The Mimbres Valley industries, Federal, State, or local (a) Name. The name of the viticultural viticultural area is located within Grant government agencies, or geographic area described in this section is and Luna Counties, New Mexico. The regions; and it will not have significant "Mimbres Valley." boundaries are as follows: The adverse effects on competition, (b) Approved maps. The appropriate beginning point is located at Faywood employment, investment, productivity, maps for determining the boundaries of Station on an unimproved dirt road at innovation, or on the ability of the the Mimbres Valley viticultural area are benchmark 4911 in Luna County, New United States-based enterprises to 28 U.S.G.S. quadrangle maps (26-7.5 Mexico on the northern part of Section compete with foreign-based enterprises minute series and 2-15 minute series). 2, Township 21 South (T21S), Range 12 in domestic or export markets. They are entitled: West (R12W) on the Faywood Station Paperwork Reduction Act _ (1) "Akela, N. Mex.," 7.5 minute Quadrangle U.S.G.S. map; series, edition of 1972; (1) From the beginning point the The provisions of the Paperwork (2) "Antelope Hill, N. Mex.," 7.5 boundary runs northeast 2.25 miles Reduction Act of 1980, Pub. L. 96-511, 44 minute series, edition of 1963 along an unimproved dirt road until it U.S.C. Chapter 35, and its implementing (photoinspected 1974); intersects U.S. Routh 180 (indicated on regulations, 5 CFR Part 1320, do not (3) "Bisbee Hills, N. Mex.," 7.5 minute map as U.S. Rte. 260) at New Mexico apply to this final rule because no series, edition of 1965; Highway 61 (indicated on map as an requirement to collect information is (4) "Bowlin Ranch, N. Mex.," 7.5 unnumbered secondary highway) at the proposed. minute series, edition of 1965; south portion of Sec. 30, T20S/R11W; 48082. Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations

(2) The boundary proceeds in a east line of Sec. 1, T23S/R8W on the (32) It then travels east for 1.1 mile generally northerly direction on N.M. Came, N. Mex. U.S.G.S. map; along the section line until it hits the Hwy. 61 for 34.5 miles crossing over U.S. (18) It then travels south on the east line of Sec. 20, T26S/R8W; Rte. 90 (indicated on map as U.S. Rte. section line for 1.5 miles until it meets (33) From there it proceeds south for 2 180) west of San Lorenzo, N.M. until it an unimproved dirt road at Sec. 12, miles on the section line until it meets an unimproved dirt road near T23S/R8W; intersects the north line of Sec. 33, Bear Canyon Dam at the west line of (19) It follows the unimproved dirt T26S/R8W; Sec. 28, T16S/R11W on the San Lorenzo, road in a easterly direction for 3 miles to (34) It then heads east for 5 miles on N. Mex. U.S.G.S. map; Came Windmill at the northeast part of the section line until it intersects the (3) It then heads east on the Sec. 17, T23S/R7W; east line of Sec. 31, T26S/R7W on the unimproved dirt road for .2 mile until it . (20) From there it follows an Gym Peak, N. Mex. U.S.G.S. map; meets the Mimbres River at Sec. 28, unimproved dirt road in a southeasterly (35) The boundary goes south on the T16S/R11W; direction for .75 mile until it meets the section line for 7 miles until it meets the (4) It then goes south on the Mimbres south line of Sec. 16, T23S/R7W; north line of Sec. 5 (which also is a light River for .25 mile until it intersects the (21) Then it proceeds east along the duty road), T28S/R7W on the Columbus 6,000 foot elevation contour line at Sec. section line for 9 miles until it arrives at NE, N. Mex. U.S.G.S. map; 28, T16S/R11W; the east line of Sec. 24, T23S/R6W on (36) Then it goes east for 4 miles on (5) From there the boundary runs the Myndus, N. Mex. U.S.G.S. map; the section line until it meets the east south along the 6,000 foot elevation (22) Then it goes south on the section line of Sec. 2 near Oney Tank T28S/ contour line until it meets the east line line for 15 miles until it meets the south R7W; of Sec. 11, T17S/R11W; line of Sec. 36, T25S/R6W on the Sibley (37) Then it goes south on the section (6) Then it proceeds south on the Hole, N. Mex. U.S.G.S. map; line for 8.7 miles until it meets the New section line for .6 mile until it hits the (23) Then it heads west on the section Mexico, U.S.A./Mexico International south line of Sec. 12, T17S/R11W; line for 8 miles until it intersects the border at the east line of Sec. 17, T29S/ (7) Then it travels east on the section 4,200 foot elevation contour line at the R7W on the Columbus SE, N. Mex. line for 1.8 miles until it intersects an southeast corner of Sec. 34, T25S/R7W U.S.G.S. map; unimproved dirt road in Noonday on the Gym Peak, N. Mex. U.S.G.S. map; (38) The boundary follows in a Canyon on the north line of Sec. 18, (24) Then it heads north on the 4,200 westerly direction along the T17S/R1OW; foot elevation contour line for 11 miles International border for 23 miles to the (8) It then heads south on the until it meets N.M. Hwy. 549 (indicated west line of Sec. 18, T29S/R1OW on the unimproved dirt road for 2.2 miles until on map as U.S. Rte. 70/80/180) at the Hermanas, N. Mex. U.S.G.S. map; it intersects a medium duty road at the southwest corner of Sec. 5, T24S/R7W (39) It then heads north on the western northern part of Sec. 30, T17S/R1OW;. on the Florida Gap, N. Mex. U.S.G.S. section for 3.5 miles to the north line of (9) The boundary goes south on the map; Sec. 31, T28S/R1OW; medium duty road for .8 mile until it (25) The boundary heads west on (40) It then moves east for 13 miles on reaches the north line of Sec. 31, T17S/ M.M. Hwy. 549 (indicated on map as the section line until it intersects the R10W; U.S. Rte. 70/80/180) for 4.5 miles until it east line of Sec. 32, T28S/R8W on the (10) The boundary goes east 5 miles meets the light duty road at the east line Columbus, N. Mex. U.S.G.S. map; on the section line to the east line .of of Sec. 3, T24S/R8W on the Capital (41) Then it follows the section line Sec. 36, T17S/R1oW; Dome, N. Mex. U.S.G.S. map; north for 8 miles until it meets the south (11) The boundary proceeds south on (26) It then goes south on the light line of Sec. 18, T27S/R8W on the North the section line for 13 miles to the south duty road/section line for 4 miles until it Peak, N. Mex. U.S.G.S. map; line of Sec. 36 (also indicated on map as meets another light duty road at the (42) Then it proceeds west on the Luna/Grant Country line), T19S/R1OW south line of Sec. 22, T24S/R8W; section line for 11 miles to the west part on the Dwyer, N. Mex. U.S.G.S. map; (27) Then the boundary heads west for of Sec. 16 identified as longitude point (12) The boundary travels west on the 2 miles on the light duty road/section 107 degrees, 52 minutes, 30 seconds, Luna/Grant County line for three miles line until it intersects an unimproved T27S/R1OW on the West Lime Hills, N. to the east line of Sec. 4, T20S/R1OW; dirt road at the east line of Sec. 29, Mex. U.S.G.S. map; (13) The boundary goes south on the T24S/R8W; (43) Then it moves north on the 107 section line for three miles to the south (28) Then it travels south on the degrees, 52 minutes, 30 seconds line of Sec. 16, T20S/R1oW; unimproved dirt road/section line for 2 longitude point for 9 miles until it (14) Then it goes west on the section miles until it meets another unimproved intersects the north line of Sec. 4, T26S/ line for approximately .6 mile to a light dirt road at the south line of Sec. 32, RIOW on the Midway Butte, N. Mex. duty road located 500 feet south of T24S/R8W; U.S.G.S. map; Benchmark 5119 on the south line of Sec. (29) It then moves west .25 mile on the (44) Then it goes west on the section 16, T20S/R1OW; unimproved dirt road until it reaches the line for 6.5 miles until it meets the west (15) The boundary heads south on the east line of Sec. 5, T25S/R8W; line of Sec. 33, T25S/RI1W on the light duty road for approximately 10.25 (30) Then it goes south on the section Bisbee Hills, N. Mex. U.S.G.S. map; miles until it meets Hwy. 180 at line for 6 miles until-it reaches an (45) The-boundary then travels north Benchmark 4672 near the west line of unimproved dirt road near Crawford on the section line for 26.5 miles Sec. 9, T22S/R1OW on the Spalding, N. Ranch at the north line of Sec. 5, T25S/ (crossing the Southern Pacific Railroad Mex. U.S.G.S. map; R8W on the South Peak, N. Mex. tracks) until it intersects with the (16) Then it proceeds southeasterly on U.S.G.S. map; Atchison, Topeka and Santa Fe Railroad Hwy. 180 for approximately 5 miles to (31) Then it follows the unimproved tracks on the west line of Sec. 21, T21S/ the north line of Sec. 6, T23S/R9W on dirt road in a southwest then southern R11W on the Spalding, N. Mex. U.S.G.S. the Deming West, N. Mex. U.S.G.S. map; direction for approximately 3 miles until map; (17) It then goes east on the section it hits the north line of Sec. 19, T26S/ (46) Finally it follows the Atchison, line approximately 11.75 miles to the R8W; Topeka and Santa Fe Railroad tracks In Federal Register / Vol. 50, No. 225 / Thursday, November 21, 1985 / Rules and Regulations 48083 a northwesterly direction for 5 miles may petition ATF to establish a grape- identification in the wine industry for until it reaches the beginning point at growing region as a viticultural area. 'South Coast' fine wines." As evidence benchmark 4911 on an unimproved dirt of this effort, the petitioner submitted a road in Faywood Station at Sec. 2, Notice of Proposed Rulemaking booklet published by it, titled "South T21S/RI2W on the Faywood Station, N. ATF received a petition from the Coast Wineries." This booklet features a Mex. U.S.G.S. map. South Coast Vintners Association, map showing the locations of the of, Signed: October 25, 1985. proposing an area south Los Angeles, association's winery members, and also California, as a Stephen E. Higgins, viticultural area to be contains this description: "The wineries known as "South Coast." The area are located in the foothills and valleys Director. contains about 1,800 square miles. It is of the coastal region, most, less than Approved: November 6, 1985. located along the Pacific coastline thirty miles from the ocean. Here the Edward T. Stevenson, between Los Angeles and the Mexican combination of higher elevations, well Deputy Assistant Secretary(Operations). border. There are about 3,000 acres of drained soils, and cooling Pacific IFR Doc. 85-27804 Filed 11-20-85: 8:45 am] grapes currently planted in the area. The breezes produce an ideal environment BILUNG CODE 4810-31-M petitioner stated that at least 15 for growing the finest European grape wineries are operating within the area. varieties." In response, ATF published a notice of 27 CFR Part 9 proposed rulemaking, Notice No. 562, in Geographical Description of the Area the Federal Register on April 19, 1985 (50 The "South Coast" viticultural area is [T.D. ATF-218; Ref. Notice No. 562] FR 15588). That notice proposed distinguished geographically from the establishment of the "South Coast" South Coast Viticultural Area surrounding areas as follows: viticultural area and solicited public (1) To the north, the area is set off by AGENCY: Bureau of Alcohol, Tobaco comment with respect to the proposed the predominant urbanization of Los and Firearms, Treasury. viticultural area. Angeles County, which makes grape- ACTION: Final rvle; Treasury decision. During the comment period, which growing there unfeasible. The petition closed June 3, 1985, no comments were explained this as follows: "No doubt SUMMARY: The Bureau of Alcohol, received. Accordingly, this document portions of Los Angeles County would Tobacco and Firearms (ATF) has establishes the "South Coast" qualify [with respect to name] as 'South decided to establish a viticultural area viticultural area with the same Coast.' However, as a practical matter in California to be known as "South boundaries as proposed in Notice No. the entire Los Angeles County coastal Coast." This decision is the result of a 562. Some changes in the descriptive area is urbanized and no present or petition submitted on behalf of the wording of those boundaries have been potential grape growing areas exist. South Coast Vintners Association, a made, in order to better describe the Since no grapes come from Los Angeles group of wineries in the area. The "South Coast" boundaries; but no substantive change has been made. County and it is very unlikely that any establishment of viticultural areas and ever will, it was considered confusing to the subsequent use of viticultural area Name of the Area include the County in 'South Coast.'" names in wine labeling and advertising (2) To the west, the area is bounded enables winemakers to label wines Winegrape growing in the coastal region south of Los Angeles is of by the Pacific Ocean. more precisely and helps consumers to (3) The southern boundary of the area. better identify the wines they purchase. relatively recent origin, as compared with some other areas of California. 'the Mexican-American border, does not EFFECTIVE DATE: December 23, 1985. However, uncontradicted evidence correspond to a geographical distinction. FOR FURTHER INFORMATION CONTACT: demonstrates that "South Coast" is the However, since 27 CFR Part 9 is titled Steve Simon, FAA, Wine and Beer name by which this grape-growing area "American Viticultural Areas," and Branch, Bureau of Alcohol, Tobacco and is currently known. Such evidence since "American" is defined in 27 CFR Firearms, 1200 Pennsylvania Avenue, includes the following: 9.11 as "Of or relating to the several NW, Washington, DC 20226 (202-566- (a) Wine Maps, published in 1984 by States, the District of Columbia, and 7626). The Wine Spectator, designates various Puerto Rico," it is evident that an SUPPLEMENTARY INFORMATION: coastal grape-growing areas of American viticultural area must not California. One such area is Identified, extend into Mexico. Background on both a "Key Map" and a more (4) To the east, the proposed area is ATF regulations in 27 CFR Part 4 detailed map, as "South Coast." The distinguished geographically by the limit provide for the establishment of definite area shown on these maps corresponds of "coastal influence." This distinction viticultural areas. The regulations also to the viticultural area established by was described in the petition as follows: allow the name of an approved this Treasury decision. "Applicant believes that 'coast' infers viticultural area to be used as an (b) The South Coast Vintners some substantial coastal influence on appellation of origin on wine labels and Association (the petitioner) was the grape growing areas involved, in wine advertisements. incorporated in the State of California. resulting in classification of same as Part 9 of 27 CFR provides for the on January 31, 1984. Prior to Zones I through III of the Davis scale. listing of approved American viticultural incorporation, this association existed While many grapes are grown in San areas, the names of which may be used informally for several years. Its Bernardino, eastern Riverside, eastern as appellations of origin. membership includes most of the San Diego and Imperial Counties, they Section 4.25a(e}(1), Title 27 CFR, wineries in the "South Coast" are grown in Zones IV or V, and are defines an American viticultural area as viticultural area. While in existence, the primarily table grapes rather than wine a delimited grape-growing region petition stated, this association "has grapes." -distinguishable by geographical created publications featuring 'South A good explanation of the "Davis features. Section 4.25a(e)(2) outlines the Coast' wines, has held joint tastings and scale" for classifying the climates of procedures for proposing an American public relations functions, and generally wine regions is given in Alexis viticultural area. Any interested person has sought to create name and location Linchine's New Encyclopediaof Wines