Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Proposed Rules 5775 proven property owned by such (2) Partnerships,trusts, and estates. In Only one such certificate need be filed landowner. the case of a partnership, the even though the producer may furnish (iii) Exclusion for productionfrom partnership's economic interest in the certificates to more than one operator, certain transferredproperties-A) In crude oil shall be allocated among the purchaser, partnership, or other general. In the case of a transfer of an partners on the basis of each partner's disburser. interest in any property, the qualified proportionate share of the partnership's * * * * * royalty production of the transferee income from the crude oil, and the Roscoe L.Egger, Jr. shall not include any production partner to whom the crude oil is Commissioner of InternalRevenue. attributable to an interest that has been allocated shall be treated as the transferred after June 9, 1981, in a producer of the crude oil. In the case of [FR Doc. 85-2719 Filed 2-11-85; 8:45 am] transfer which is described in section a trust (other than a grantor trust, i.e., a BILLING CODE 4830-01-M 613A(c)(9)(A). For the purpose of the trust where the grantor or another preceding sentence, a transfer includes a person is treated as substantial owner of Bureau of Alcohol, Tobacco and the trust under subpart E of subchapter J sublease and property held by an estate Firearms shall be treated as owned both by the of chapter I of the Internal Revenue estate and proportionately by the Code) or an estate, the entity is the 27 CFR Part 9 beneficiaries of the estate. producer rather than the benficiaries. In (B) Exception for certain transfersat the case of a grantor trust, to the extent [Notice No. 556] death or among certain relatedpersons. that a person or entity (the grantor or The transfer rule of paragraph another person) is treated for purposes Mimbres Valley; Establishment of (f)(3](iii)(A) of this section does not of income taxation under subchapter J of Viticultural Area apply to any transfer described in chapter 1 of the Internal Revenue Code section 613A(c)(9)(B) (relating to certain as the owner of a crude oil interest held AGENCY: Bureau of Alcohol, Tobacco transfers at death or among certain by such trust, such person or entity shall and Firearms (ATF), Department of the related persons). be deemed to be the producer of the Treasury. (C) Exception for certain transfers crude oil attributable to such interest for ACTION: Notice of proposed rulemaking. where the transferorand the transferee purposes of section 4996(a)(1). (See also are requiredto share the royalty limit. § 51.4994-1 for special rules concerning SUMMARY: The Bureau of Alcohol, The transfer rule of paragraph the treatment of trusts and estates for Tobacco and Firearms (ATF) is (f)(3)(iii)(A) of this section shall not purposes of determining the considering the establishment of a apply to any transfer so long as the applicability of certain exemptions from viticultural area located in Luna and transferor and the transferee are the windfall profit tax.) Grant Counties in southwestern New required to share the royalty limit in Mexico to be known as the "Mimbres accordance with the rules of paragraph Par. 3. Paragraph (b)(1) of § 51.4995-2 Valley." The southern boundary of the (f){4) of this section, but only if the is revised to read as follows: -proposed viticultural area reaches the production from the property was U.S./Mexico International border. This § 51.4995-2 Producer's certificate. qualified royalty production of the proposal is the result of a petition transferor. submitted by Ms. Pam Ray, President of (4) Royalty limit-(i) In general.A (b) Exemption certificate-1)In the Southwest Chapter of the New qualified royalty owner's qualified general.For purposes of this section, an Mexico Vine and Wine Society. New royalty production is determined by exemption certificate is a written Mexico State University, College of applying section 4994(f)(2)(A). statement certifying that all of the Agriculture and Home Economics (ii) Productionexceeds limitation. If a producer's crude oil from a property is located at Las Cruces, New Mexico, qualified royalty owner's qualified exempt from the tax imposed by section participated in gathering. evidence for royalty production for any quarter 4986 because the crude oil constitutes the petition of this proposed viticultural exempt Indian oil or exceeds the royalty limit in section exempt royalty oil area. The establishment of viticultural 4994(f)(2)(A) for such quarter, the or the oil is from a qualified areas and the subsequent use of royalty owner may allocate the royalty governmental interest or a qualified viticultural area names in wine labeling charitable limit for such quarter to any qualified interest. In the case of a trust and advertising will enable industry to or estate described in paragraphs (b)(4) royalty production that the royalty label wines more precisely and will help or (c)(3) of § 51.4994-1, the exemption consumers to better identify the wines owner selects. certificate may certify that a percentage (iii) Allocation of royalty limit among they may purchase. of the oil from that property is exempt taxpayers. For the purpose of allocating DATE: Written comments must be from the tax imposed by section 4986 the royalty limit in section 4994(f)(2)(A) because that portion of the oil is oil from received by March 29, 1985. among taxpayers, section 6429(c) (2) a qualified charitable or governmental ADDRESSES' Send w~itten comments to: thru (4) will be applied except that the interest. The percentage referred to in Chief, FAA, Wine and Beer Branch, royalty limit determined under section the preceding sentence may be based on Bureau of Alcohol, Tobacco and 4994(f)(2)(A) is substituted in place of a reasonable estimate of the percentage Firearms, P.O. Box 385, Washington, DC $2,500 each time it appears in section of the oil from the property that is held 20044-0385, (Attn: Notice No. 556.) 6429(c) (2) thru (4). for the benefit of a qualified charity or Copies of the petition, the proposed (g) Exempt stripper well oil. governmental unit for that taxable regulations, the appropriate maps, and [Reserved] period. Any producer who furnishes an the written comments will be available Par. 2. Paragraph (b)(2) of § 51.4996-1 exemption certificate (other than an for public inspection during normal is revised to read as follows: exempt royalty owner's certificate) to an business hours at: ATF Reading Room, operator, purchaser, partnership, or Office of Public Affairs and Disclosure, § 51.4996-1 Definitions. other disburser shall also file an Room 4407, Federal Building, 12th and * * * * * (b} Producer* * exemption certificate with the Internal Pennsylvania Avenue, NW, Washington, Revenue Service Center, Austin, Texas. DC. 5776 Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: Columbus on the New Mexico, U.S./ fruit trees were planted on the church Edward A. Reisman, FAA, Wine and Mexico border. It consists of 995 square grounds. Beer Branch, Bureau of Alcohol, miles of land (636,800 acres) on which (e) Emanuel Vocale who resides on Tobacco and Firearms, 1200 there is one bonded winery and 12 land near Deming has 220 viens of tokay Pennsylvania Avenue, NW, Washington, private grape-growers. The one bonded grapes that were planted by his father in DC 20226 (202-556-7626). winery is located near Deming, New 1932. SUPPLEMENTARY INFORMATION: Mexico. Currently there are (f) The names of Mimbres Valley is in approximately 1,500 acres of grapes Background widespread usage today. Since 1850 the planted for viticulture in the proposed name has been applied to natural and On August 23, 1978, ATF published Mimbres Valley viticultural area. Local manmade landmarks in the Mimbres Treasury Decision ATF-53 (43 FR 37672, experts predict that during the next few Valley. It also appears in literature and 54624) revising regulations in 27 CFR years, grape acreage and viticultural maps of the area. Some uses of the name Part 4. These regulations allow the activity is expected to increase that are found within or near the estblishment of definite viticultural dramaticially in the Mimbres Valley. boundaries of the proposed viticultural areas. The regulations also allow the The petitioner claims that the area are Mimbres, Mimbres Valley, name of an approved viticultural area to proposed viticultural area is distinguised Mimbres Peak, Mimbres River, Camp be used as an appellation of origin on from the surrounding areas based on the Mimbres, soil associations including wine labels and in wine advertisements. following evidence submitted to ATF: Mimbres (Mimbres-Verhalen, Hondale- On October 2, 1979, ATF published (1) Evidence that the name "Mimbres Mimbres-Bluepoint) and also the Treasury Decision ATF-60 (44 FR 56692) Valley" is locally and/ornationally Mimbres Underground Water Basin. which added a new Part 9 to 27 CFR, known as referring to the area specified These references all appear on U.S.G.S. providing-for the listing of approved in the petition. and Soil Conservation Service maps American viticultural areas, the names (a) The Mimbres Valley derives its submitted by the petitioner. According of which may be used as appellations of name from the Mimbres Indians who to the petitioner, these names have long origin. inhabited the valley between 1100 and been established to clearly and closely Section 4.25a(e)(1), Title 27, CFR, 1300 A.D. Today, ruins of their dwellings associate the identity of the Mimbres defines an American viticultural area as are still found in the valley. After the Valley to the land within the proposed a delimited grape-growing region Mimbres Indians disappeared the boundaries. distinguishable by geographical Mimbreno Apaches moved in from the (g) There is one bonded winery features, the boundaries of which have Southern Great Plains. located within the boundaries of the been delineated in Subpart C of Part 9. (b) During the period that the Apaches proposed viticultural area. It is known Section 4.25a(e)(2) outlines the as St. Clair Vineyards and is located procedure for proposing an American were inhabiting the area, the Spanish began their first explorations into New three miles south of Deming. The base of viticultural area. Any interested person the operation of this new winery is 600 may petition ATF to establish a grape- Mexico. De Vaca crossed this area as early as 1535. The famous exployer, acres of grapes. The grape varieties growing region as a viticultural area. being grown by St. Clair Vineyards The petition should include- Coronado, explored most of New (a) Evidence that the name of the Mexico in 1600. Just like the Indians, the include French Colombard, Sauvignon proposed viticultural area is locally or Spanish left a strong cultural imprint Blanc, Chardonnay, Malvasia, Bianca, nationally known as referring to the upon the area. That is why many Muscat, Canelli, Ugni Blanc, Zinfandel, area specified in the petition; locations in the proposed viticultural Barbera, Cabernet Sauvignon, Merlot, (b) Historical or current evidence that area have both Spanish and Indian Ruby Cabernet, Pinot Noir and Chenin the boundaries of the viticultural area names. The mountain peak north of Blanc. Another winery, owned by Luna are as specified in the petition; Deming was first called Picaho del County Wine Development Corporation, (c) Evidence relating to the Mimbres until it was later renamed is proposed to be constructed near geographical characteristics (climate, Cook's Peak by the Anglo-American Deming in the near future. soil, elevation, physical features, etc.) settlers who came during the westward (2) Historicalor current evidence that which distinguish the viticultural area expansion. The valley in which Deming the boundaries of the proposed from the surrounding areas; is located is named Mimbres, which viticulturalarea are as specified in the (d) A description of the specific means "willow," or osier tree. petition. boundaries of the viticultural area, (c) Copies of maps submitted by the (a) The area historically known as the based on features which can be found petitioner dated 1850 depict the Mimbres Valley begins at the on United States Geological Survey Mimbres Mountains, Camp Mimbres headwaters of the Mimbres River (U.S.G.S.) maps of the largest applicable (U.S. Cavalry installation), and the Rio between Reeds Peak and McKnight scale; and Mimbres (Mimbres River). At that time Mountain, in the Black Range, near the (e) A copy of the appropriate U.S.G.S the Rio Mimbres extended south into Continental Divide in Grant County, maps with the boundaries prominently Mexico. New Mexico. This northern part of the marked. (d) Viticulture in the Mimbres Valley valley which is not included in the is documented in The Historyof Luna boundaries of the proposed viticultural Petition County, published in 1978 by the Luna area is a narrow channel for the ATF has received a petition proposing County Historical Society. According to Mimbres River. I is bordered by foothills a viticultural area that extends from that publication, vineyards were found and mountains. Grant County to Luna County along the in Chinese gardens located east of (b) The propsoed Mimbres Valley Mimbres River Valley in southwestern Deming at the turn of the century. The viticultural area begins in Luna County New Mexico. The proposed viticultural first irrigated farms in the Mimbres near Bear Canyon Dam, where the area follows the Mimbres River Valley were documented in 1909. In valley begins to widen and show southward from an area located 1913, the Holy Family Church was distinct evidence of a flood plain area. approximately 2 miles north of Mimbres established in Deming. At that time As the river enters Luna County, the to approximately 3 miles south of grape vines, shade trees, shrubbery and valley widens into a broad, gently Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Proposed Rules 5777 sloping flood plain. The course of the or plains area near the center of Luna The Nickel-Upton- Tres Hermanas river winds around scattered foothill County in the vicinity of Deming. Except associationincludes the gently to areas until it sinks from sight northeast for a few dunes and hummocks and low strongly sloping and undulating of Deming, New Mexico. At one time, alluvial ridges, the land surface is piedmont slopes located at the base of the primary river course was west of relatively smooth with a nearly uniform the desert mountains and hills found Deming and proceeded south through slope toward the southeast and south. surrounding the proposed viticultural the pass separating the Florida These soils, which are dominantly deep, area. It is common for this general soil Mountains and the Tres Hermanas consist of alluvial materials of mixed area to completely surround the rough Mountains. Over the years, the river origin. According to Soil Conservation broken and rockland areas that are sank at an area east of Columbus, New Service information, much of the alluvial dominated by hills and low mountains. Mexico (U.S.G.S. Bulletin 618, 1916). material undoubtedly was brought into Accourding to U.S. Soil Conservation (c) Today, the Mimbres River is an this basin by the Mimbres River and its Service maps, this association is found intermittent stream and is usually dry tributaries. Most of the irrigated land in near the Cook's Range, Tres Hermanas except during periods of rainfall. The Luna County is in this association. Mountains and the Cedar Range. Mimbres River has no definite channel Cotton, grain sorghums, alfalfa, corn, (b) Water Availability. In the early in the southern part of Luna County. At small grains, beans, vegetables and part of this century irrigation was times, water from rainfall drainage has pecans are the principal agricultural introduced to Luna County. By 1915 this reached as far south as the Mexican crops of the area. form of delivering water to the soil border. The proposed viticultural Mimbres soils, the most extensive in reached a peak in the area. The extends south to the New Mexico, the association, are characterized by a favorable climate and suitability of soils U.S.A.-Mexico border. moderately thick surface layer of light for irrigation, coupled with the skillful (d) According to the petitioner, the brownish-gray loam or silty clay loam management applied to the various Florida, Tres Hermanas Mountains and over a thick subsoil of pale brown silty kinds of soils by farmers, have allowed other non-agricultural land areas were clay loam or clay loam. A very high the land in the proposed viticultural excluded from being within the percentage of the soils in this area to be agriculturally productive. boundaries of the proposed viticultural association are well suited for use as Water for irrigation in the proposed area because the soils, terrain and no cropland under irrigation. viticultural area has always been available water rights make these The Mimbres-Verhalen associationis obtained from wells. Beause of these mountain areas off limits to grape- found in the southern part of the limited sources of water supplies and growing or any other commercial Mimbres Valley. It occupies nearly level drops in water levels over the years, agricultural potential. Elevations in to very gently sloping valley bottoms experts were doubtful about the future these excluded areas that contain much and basin floors contiguous to the outlook for agriculture in this area of rock out-croppings reach as high as Mimbres and Macho intermittent New Mexico: 7,500 feet. Elevations within the drainages. These soils, which are In this area of the country, the proposed viticultural area generally moderately fine and fine-textured, potential for expanding irrigation is 6,000 range from approximately 4,000 to consist of alluvial sediments of mixed limited by the lack of water and by feet above sea level. origin. (3) Evidence of the geographical The Hondale-Mimbres-Bluepoint economic restrictions, rather than by a shortage of suitable soils. The State of characteristicswhich distinguish the associationis found in the central and New Mexico has devised a plan for proposed Mimbres Valley viticultural western area of the Mimbres Valley. area from the surrounding areas. Included in this association are broad, agricultural land use based on the (a) Soils. The geographical features nearly level to very genetly sloping relationship between suitability of soils, within the proposed boundaries of this basin floors and valley bottoms. These size, and location of land in relation to viticultural area are level to gently soils which are deep, consist of basin-fill developmental demand. The sloping alluvial soils. The soil sediments of mixed origin. surrounding areas excluded from the associations within the boundaries of The following soils, not found within boundaries of the viticultural area are the proposed viticultural.area are based boundaries of the viticultural area but generally steep and rocky and are not upon U.S.D.A. Soil Conservation Service are found within the areas surrounding suited to viticulture either because of and Water Resources Research Institute it are: soil type or unavailability of water information. Soils found within the The Rockland-Lehmans association sources. According to the petitioner, boundaries of the proposed viticultural includes the mountain ranges, isolated some areas of land were excluded from area include Mimbres-Verhalen, mountain peaks, ridges and hills that are the viticultural area because those areas Mohave Stellar, Hondale-Mimbres- not found within the boundaries of the lacked water rights. Areas such as those Bluepoint, Mimbres and Mimbres- proposed Mimbres Valley viticultural where water rights are not available Verhalen associations. These soils were area. This association is formed in areas have no potential for agricultural formed on flood plains and stream surrounding the Mimbres Valley such as development regardless of soil, climate, terraces. They range from sandy to in the Cook's Range (to the east), Tres location, or any other geographical loamy alluvium, and are generally fine, Hermanas Mountains (just outside to the feature. mixed and deep in character. These west of Columbus), Florida Mountains Rainfall in the desert area is soils are usually level to gently sloping (to the east), Carrizalillo Hills (to the insufficient to support viticulture or any in terrain. west), Cedar Range (to the west) and other type of commercial agricultural The following soil associations are Good Sight Mountains (to the east). products. Therefore, grape-growers must found within the boundaries of the Their characteristic features are the depend on underground supplies of proposed viticultural area: steep to very steep slopes and shallow water that are delivered to the grape The Mimbres association is found in and rocky soils which contain numerous vines either by flood or drip irrigation the center of the proposed Mimbres exposures of bedrock. The stony and methods. Presently, there are - Valley viticultural area. This soil extremely rocky soils of this association approximately 1,500 acres of grape vines association includes a relatively.broad, are dominated by materials of.acid within the Mimbres Valley viticultural nearly level to gently sloping basin floor igneous origin. area. Of the 1,500 acres of grapes now 5778 5Federal Register-/ Vol. 50, No. 29 / Tuesday, February 12, 1985 / Proposed Rules producing, 683 acres operate under the delivered to the grape vines are Luna County is the principal drainage of drip irrigation method. controlled by a computer. Such the Mimbres Valley. According to the publication titled computers also have the capability to The more extensive and important "New Mexico Water Rights (March store temperature, wind, humidity and mountain ranges excluded from the 1984)" written by Linda G. Harris of the vine water consumption data. boundaries of the proposed viticultural New Mexico Water Resources Research (c) Climate. The proposed viticultural area include the Cook's (Cookes) Range Institute, virtually all of New Mexico's area is characterized by an arid located to the east, which attains an surface water already belongs to continental climate with minimal altitude of 8,404 feet on the summit of someone. The rights to the ground water precipitation totals, low humidity, Cook's (Cookes) Peak, and the Florida are vested rights if existing and plentiful sunshine and large diurnal and Mountains located Southeast of Deming, recognized at the time a ground water seasonal temperature changes. with altitudes reaching 7,500 feet. These basin is declared. The state engineer Average annual precipitation totals upland areas consisting of mountains must review applications for permits to are between 9 and 10 inches, with half and hills are steep, with considerable withdraw or use surface or ground of the the rainfall occurring by heavy differences in local relief. In these water. Water rights may be transferred thunderstorms from the months of July mountain areas, temperatures may be only within basin boundaries. There are to September. Average annual snowfalls expected to be a few degrees cooler and currently 31 declared ground water range from one to four inches. These precipitation a little greater. Soils in basins in New Mexico. The Mimbres snowfalls usually melt soon after they these areas are found to be rocky and Valley is one of those basins. The area occur. not useful for agriculture. Reports has similar climate features, elevations According to State Climatologist compiled by the New Mexico State and soil types. Most important, this area Kenneth E. Kunkel, there are three University, Agricultural Experimental has potential for commercial agricultural locations in the viticultural area where Station at Las Cruces titled Soil irrigation with the existing water rights. reasonably long weather records have ClassificationFor Irrigation-Lunaand According to Kenneth Kunkel, been studied. They are at the towns of GrantCounties (Research Reports 176 Climatologist for the State of New Deming, Columbus and Faywood. and 200), substantiate the distinction Mexico and facts obtained from the Outside of the proposed viticultural area between the mountain areas New Mexico State University, at Fort Bayard, Lordsburg, and Las the Mimbres Valley and the Agriculture Experiment Station Cruces-weather data has also been surrounding Research Report (176), precipitation gathered for some time. flood plain valley areas of the Mimbres averages 9 inches annually in the Within the area, the elevations vary Valley. Mimbres Valley. At Fort Bayard, located from about 4,000 feet above sea level at Although most of the land area just west, (near the north end of.the the southern end to near 6,000 feet at the included with the boundaries of the proposed Mimbres Valley viticultural northern end. These elevation proposed viticultural area is similar in area) it averages 15 inches. At differences are the major cause of some topography, there are a few spotted Lordsburg, located 40 miles to the west climatic differences within the proposed locations where independent lesser of the proposed viticultural area, it Mimbres Valley viticultural area. mountains are located within it. They averages 10.5 inches annually. In the Temperatures are found to be somewhat are Red Mountain (elevation 5,422 feet), Mesilla Valley which is located 30 miles cooler at the northern end of the Black Mountain (elevation 5,375 feet) east of the Mimbres Valley, rainfall viticultural area than at the southern and Taylor Mountain (elevation 5,938). averages only 8 inches annually. The end. The means annual maximum They are rather small mountains with Mesilla Valley which covers temperature is about 4 degrees lower at minimal amounts of foothills associated approximately 445 square miles of land Faywood than at Columbus. The with them. running along the Rio Grande River, growing season varies from 180 days at Regulatory Flexibility Act extends from just north-of Las Cruces, Faywood to 207 days at Columbus. The New Mexico to El Paso, Texas. ATF has number of growing degree days varies The provisions of the Regulatory received a petition for a proposed from 3,826 at Faywood to 5,049 at Flexibility Act relating to an initial and viticultural area for the Mesilla Valley. Columbus. final regulatory flexibility analysis (5 The process for establishing this valley (d) Distinct valley area. According to U.S.C. 603, 604) are not applicable to this as an American viticultural area is now information provided by the petitioner, proposal because the notice of proposed in the rulemaking stage. the non-mountainous part of Luna rulemaking, if promulgated as a final Just like the methods of irrigation used County conveniently divides into two rule, will not have a significant in the nearby Mesilla Valley, many of physiographic areas, the piedmont economic impact on a substantial the grape vines in the Mimbres Valley slopes surrounding the mountains and number of small entities. The proposal are watered by the "Drip Irrigation the basin floor valley area. The nearly will not impose, or otherwise cause, a Method" with a trickle irrigation system, level to very gently sloping basin floors significant increase in reporting, which is supplied by underground pipes. occupy the lower parts of the recordkeeping, or other compliance The pipes are polyethylene water hoses landscapes in this area. The three burdens on a substantial number of with emitters inserted in them that run general soil associations recognized on small entities. The proposal is not along the lines of vine stakes. these basin floors include the Hondale- expected to have significant secondary Under this relatively new method of Mimbres-Bluepoint association, the or incidential effects on a substantial irrigation, wells supply the system and Mimbres association and the Mimbres- number of small entities. the water is passed through filters to Verhalen association. Most water Accordingly, it is hereby certified remove sand and avoid plugging the drainage in the proposed Mimbres under the provisions of section 3 of the emitters at the delivery end. The trickle Valley viticultural area flows into these Regulatory Flexibility Act (5 U.S.C. hoses are filled at intervals so pressure closed basins. It is part of a larger 605(b)) that this notice of proposed throughout the system is constant in closed-basin complex that drains into rulemaking, if promulgated as a final order to maintain the same rate of the Playa region of Northern Chihuahua rule, will not have a significant supply at each emitter. The scheduling inMexico. The Mimbres River which economic impact on a substantial and volumes of irrigation water originates in the mountains north of number of small entities. Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Proposed Rules 5779

Executive Order 12291 List of Subjects in 27 CFR Part 9 (14) "Florida Gap, N. Mex.," 7.5 minute series, edition of 1964; In compliance with Executive Order Administrative practice and (15) "Goat Ridge, N. Mex.," 7.5 minute 12291, ATF has determined that this procedure, Consumer protection, areas, Wine. series, edition of 1964; proposal is not a "major rule" since it Viticultural (16) "Gym Peak, N. Mex.," 7.5 minute will not result in: Authority series, edition of 1964; (al An annual effect on the economy Accordingly, under the authority in 27 (17) "Hermanas, N. Mex.," 7.5 minute of $100 million or more: series, edition of 1964; (b) A major increase in costs or prices U.S.C. 205, the Director proposes the amendment of 27 CFR Part 9 as follows: (18) "Malpais Hill, N. Mex.," 7.5 for consumers, individual industries, minute series, edition of 1965; Federal, state, or local government PART 9-AMERICAN VITICULTURAL (19) "Midway Butte, N. Mex.," 7.5 agencies, or geographic regions; or AREAS minute series, edition of 1965; (c) Significant adverse affect on (20) "Myndus, N. Mex.," 7.5 minute competition, employment, investment, Paragraph 1. The Table of sections in series, edition of 1972; productivity, innovation, or on the 27 CFR Part 9, Subpart C, is amended to (21) "North Peak, N. Mex.," 7.5 minute ability of United States-based add the title of § 9.103 to read as series, edition of 1965; enterprises to compete with foreign- follows: (22) "Red Mountain, N. Mex.," 7.5 based enterprises in domestic or export Subpart C-Approved American Viticultural minute series, edition of 1965; markets. Areas (23) "San Lorenzo, N. Mex.," 15 minute series, edition of 1956; Paperwork Reduction Act Sec. (24) "Sibley Hole, N. Mex.," 7.5 minute The provisions of the Paperwork series, edition of 1972; Reduction Act of 1980, Pub. L. 96-511, 44 9.103 Mimbres Valley (25) "South Peak, N. Mex.," 7.5 minute U.S.C. Chapter 35, and its implementing Par. 2. Subpart C, is amended by series, edition of 1965; regulations, 5 CFR Part 1320, do not adding § 9.103 to read as follows: (26) "Spalding, N. Mex.," 7.5 minute apply to this notice because no series, edition of 1964; requirement to collect information is Subpart C-Approved American (27) "West Lime Hills, N. Mex.," 7.5 proposed. Viticultural Areas minute series, edition of 1965; and Public Participation-Written Comments (28) "Williams Ranch, N. Mex.," 7.5 minute series, edition of 1964. ATF requests comments from all § 9.103 Membres Valley. (c) "Boundaries. The Mimbres Valley interested persons concerning this (a) Name. The name of the viticultural viticultural area is located within Grant proposed viticultural area. This area described in this section is and Luna County, New Mexico. The document proposes possible boundaries "Membres Valley." boundaries are as follows: The for the Mimbres Valley viticultural area. (b) Approved maps. The appropriate beginning point is located at Faywood However, comments concerning other maps for determining the boundaries of Station on an unimproved dirt road at possible boundaries for this viticultural the Mimbres Valley viticultural area are benchmark 4911 in Luna County, New area will be given consideration. 28 U.S.G.S. quadrangle maps (26-7.5 Mexico on the northern part of Section Comments received before the closing minute series and 2-15 minute series). 2, Township 21 South (T21S), Range 12 date will be carefully considered. They are entitled: West (R12W) on the Faywood Station Comments received after the closing (1) "Akela, N. Mex.," 7.5 minute Quadrangle U.S.G.S. map; date and too late for consideration will series, edition of 1972; (1) From the beginning point the be treated as possible suggestions for (2) "Antelope Hill, N. Mex.," 7.5 boundary runs northeast 2.25 miles future ATF action. minute series, edition of 1963 along an unimproved dirt road until it ATF will not recognize any material in (photoinspected 1974); intersects U.S. Route 180 (indicated on comments as confidential. Comments (3) "Bisbee Hills, N. Mex.," 7.5 minute map as U.S. Rte. 260) at New Mexico may be disclosed to the public. Any series, edition of 1965; Highway 61 (indicated on map as an material which the commenter considers (4) "Bowlin Ranch, N. Mex.," 7.5 unnumbered secondary highway) at the to be confiden'tial or inappropriate for minute series, edition of 1965; south portion of Sec. 30, T20S/R11W; disclosure to the public should not be (5) "Capital Dome, N. Mex.," 7.5 (2) The boundary proceeds in a included in the comments. The name of minute series, edition of 1965; generally northerly direction on N.M. the person submitting a comment is not (6) "Carne, N. Mex.," 7.5 minute Hwy. 61 for 34.5 miles crossing over U.S. exempt from disclosure. series, edition of 1965; Route 90 (indicated on map as U.S. Rte. Any interested person who desires an (7) "Columbus, N. Mex.," 7.5 minute 180) near San Lorenzo, N.M. until it opportunity to comment orally at a series, edition of 1965; meets an unimproved dirt road near public hearing on these proposed (8) "Columbus NE, N. Mex.," 7.5 Bear Canyon Dam at the west line of regulations should submit his or her minute series, edition of 1966; Sec. 28, T16S/R11W on the San Lorenzo, requests, in writing, to the Director (9) "Columbus SE, N. Mex.," 7.5 N. Mex. 15 minute series U.S.G.S. map; within the 45-day comment period. The minute series, edition of 1966; (3) It then heads east on the Director, however, reserves the right to (10) "Deeming East, N. Mex.," 7.5 unimproved dirt road for .2 mile until it determine, in light of all circumstances, minute series, edition of 1965; meets the Mimbres River at Sec. 28, whether a public hearing will be held. (11) "Deming West, N. Mex.," 7.5 T16S/R11W; minute series, edition of 1964 (4) It then goes south on the Mimbres Drafting Information (photoinspected 1972]; River for .25 mile until it intersects the The principal author of this document (12) "Dwyer, N. Mex.," 15 minute 6,000 foot elevation contour line at Sec. is Edward A. Reisman, FAA, Wine and series, edition of 1956; 28, T16S/R11W; Beer Branch, Bureau of Alcohol, (13) "Faywood Station, N. Mex.," 7.5 (5) From there the boundary runs Tobacco and Firearms. minute series, edition of 1947; south along the 6,000 foot elevation 5780 Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Proposed Rules contour line until it meets the east line south line at the southeast corner of Sec. (35) It then heads east for 5 miles on of Sec. 11, T17S/R11W; 16, T23S/R7W; the section line until it intersects the (6) Then it proceeds south on the (21) Then it proceeds due east along east line of Sec. 31, T26S/R7W on the section line for .6 mile until it hits the the section line for 9 miles until it Gym Peak, N. Mex. U.S.G.S. map; south line of Sec. 11, T17S/R11W; arrives at the east line of Sec. 24, T23S/ (36) The boundary goes south on the (7) Then it travels east on the section R6W on the Myndus, N. Mex. U.S.G.S. section line (which also partly serves-as line for 1.8 miles until it intersects the map; a light duty road and unimproved dirt Noonday Canyon unimproved dirt road (22) Then it goes due south on the road) for 7 miles until it meets the north on the north line of Sec. 18, T17S/R1OW; section line for 15 miles until it meets line of Sec. 5 (which also is a light duty. (8) It then heads south on the the south line of Section 36, T25S/R6W road), T28S/R7W on the Columbus NE, unimproved dirt road for 2.2 miles until on the Sibley Hole, N. Mex. U.S.G.S. N. Mex. U.S.G.S. map; it intersects a medium duty secondary map; (37) Then it goes east for 4 miles on road at the north part of Sec. 30, T17S/ (23) Then it heads west on the section the section line (which also partly is a R10W; line for 8 miles until it intersects the light duty road and unimproved dirt (9) The boundary goes south on the 4,200 foot elevation contour line at the road) until it meets the east line of Sec. 2 medium duty secondary road for .8 mile southeast corner of Sec. 34, T25S/R7W near Oney Tank, T28S/R7W; until it reaches the north line of Sec. 31, on the Gym Peak, N. Mex. U.S.G.S. map; (38) Then it goes south on the section T17S/R1OW; (24) Then it heads north on the 4,200 line (which also is partially an (10) The boundary goes east 5 miles foot elevation contour line for 11 miles unimproved dirt road) for 8.7 miles until on the section line to the east line of until it meets N.M. Hwy. 549 (indicated it meets the New Mexico, U.S.A./ Section 36 (also known as the 1st Guide on map as U.S. Rte. 70/80/180) at the Mexico International border at the east Meridian West) at T17S/RiOW; southwest corner of Sec. 5, T24S/R7W line of Sec. 14, T29S/R7W of the (11) The boundary proceeds south on on the Florida Gap, N. Mex. U.S.G.S. Columbus SE, N. Mex. U.S.G.S. map; the section line (1st Guide Meridian map; (39) The boundary follows the section West) for 13 miles to the southeast (25) The boundary heads west on line (which also is partially an corner of Section 36 (also indicated on N.M. Hwy. 549 (indicated on map as unimproved dirt road) in a west map as Luna/Grant County line), T19S/ U.S. Rte. 70/80/180) for 4.5 miles until it border R1OW on the Dwyer, N. Mex. 15 minute direction along the International meets the light duty road at the east line for 23 miles to the west line of Sec. 18, U.S.G.S. map; (northeast corner) of Sec. 3, T24S/R8W T29S/RIOW on the Hermanas, N. Mex. (12) The boundary travels west on the on the Capital Dome, N. Mex. U.S.G.S. section line (Luna/Grant County line) map; U.S.G.S. map; three miles to the northeast corner of (26) It then goes south on the light (40) It then heads north on the section Section 4, T20S/R1OW; duty road/section line for 4 miles until it line (which also is partially an (13) The boundary goes south on the meets another light duty road at the unimproved dirt road and a light duty section line for three miles to the south line of Sec. 22, T24S/R8W; dirt road) for 3.5 miles to the north line southeast corner of Section 16, T20S/ (27) Then the boundary heads west for of Sec. 31. T28S/R1OW; RioW; 2 miles on the light duty road/section (41) It then moves east for 13 miles on (14) Then it goes west on the south line until it intersects an unimproved the section line until it intersects the line of Section 16 for approximately .6 dirt road at the east line of Sec. 29, west line of Sec. 29, T28S/R8W on the mile to an improved road that intersects T24S/R8W; Columbus, N. Mex. U.S.G.S. map; the south line of Section 16 located 500 (28) Then it travels south on the (42) Then it follows the section line feet south of Benchmark 5119 on T20S/ unimproved dirt road/section line for 2 north for 8 miles until it meets the south R10W; miles until it meets another unimproved line of Sec. 18, T27S/R8W on the North (15) The boundary heads south on the dirt road at the south line of Sec. 32, Peak, N. Mex. U.S.G.S. map; improved dirt road for approximately T24S/R8W; (43) Then it proceeds west on the 10.25 miles until it meets Hwy. 180 at the (29) It then moves west .25 mile on the section line for 11 miles to the west part west line of Section 9, T22S/R1OW on unimproved dirt road until it reaches the of Sec. 16 identified as longitude point the Spalding, N. Mex. U.S.G.S. map; east line of Sec. 5, T25S/R8W; 107 degrees, 52 minutes, 30 seconds, (16) Then it proceeds southeasterly on (30) Then it goes south on the section T27S/R1OW on the West Lime Hills, N. Hwy. 180 for approximately 5 miles to line for 6 miles until it reaches an Mex. U.S.G.S. map; the north line of Section 6, T23S/R9W unimproved dirt road near Crawford (44) Then it moves north on the 107 on the Deming West, N. Mex. U.S.G.S. Ranch at the north line of Sec. 5, T25S/ degrees, 52 minutes, 30 seconds map; R8W on the South Peak, N. Mex. longitude point for 9 miles until it (17) It then goes east on the section U.S.G.S. map; intersects the north line of Sec. 4 (which line approximately 11.75 miles to the (31) Then it follows the unimproved is also partially an unimproved dirt east line of Section 1, T23S/R8W on the dirt road in a southwest direction for. 4 road), T26S/RIOW on the Midway Butte, Came, N. Mex. U.S.G.S. map; mile until it meets the east line of Sec. 6, N. Mex. U.S.G.S. map; (18) It then travels south on the T26S/R8W; (45) Then it goes west on the section section line for 1.5 miles until it meets (32) It follows the section line south line for 6.5 miles until it hits the west an unimproved dirt road at Sec. 12, (which also partly is an unimproved dirt line of Sec. 33, T25S/R1lW on the T23S/R8W; road) for 2.5 miles until it hits the north Bisbee Hills, N. Mex. U.S.G.S. map; (19) It follows the unimproved dirt line of Sec. 20, T26S/R8W; (46) The boundary then travels north road in a easterly direction for 3 miles (33) It then travels east for I mile on the section line for 26.5 miles until it goes to Came Windmill and along the section line until it hits the (crossing the Southern Pacific Railroad another unimproved dirt road at the east line of Sec. 20, T26S/R8W; tracks) until it intersects with the northeast part of Sec. 17, T23S/R7W; (34) From there it proceeds south for 2 Atchison, Topeka and Santa Fe Railroad (20) From there it follows the miles on the section line until it tracks on the west line of Sec. 21, T21S/ unimproved dirt road in a southeasterly intersects the north line of Sec. 33, R11W on the Spalding, N. Mex. U.S.G.S. direction .75 miles until it meets the T26S/R8W; map; Federal Register / Vol. 50, No. 29 / Tuesday, February 12, 1985 / Proposed Rules 5781

(47) Finally it follows the Atchison, Commission, Suite 312, Pennsylvania requirements for them, standardized Topeka and Santa Fe Railroad tracks in Building, 425 13th Street, NW., identification and reporting procedures a northwesterly direction for 5 miles Washington, D.C. 20004 or Panama are needed. Recognizing the until it reaches the beginning point at Canal Commission, Office of General international character of Canal traffic, benchmark 4911 on an unimproved dirt Counsel, APO Miami, Florida 34011. it is proposed to adopt the International road in Faywood Station at Sec. 2, Comments will be available for public Maritime Organization's rules T21S/R12W on the Faywood Station, N. inspection in the Office of the Secretary, concerning dangerous cargoes. These Mex. U.S.G.S. map. Suite 312, Pennsylvania Building, 425 rules have worldwide acceptance, and Approved: February 6,1985. 13th Street, NW., Washington, D.C. their adoption will cause minimum Stephen E. Higgins, between 8:30 a.m. and 5:00 p.m. inconvenience to world shipping Director. FOR FURTHER INFORMATION CONTACT: because most maritime nations already [FR Doc. 85-3451 Filed 2-11-85; 8:45 am] Mr. Michael Rhode, Jr., Secretary, have adopted these or similar Panama Canal Commission, Telephone: regulations. Many non-U.S. registered BILLING CODE 4810-31-M 202-724-0104 or Mr. John L. Haines, Jr., vessel Canal customers who do not General Counsel, telephone in Balboa utilize U. S. ports will find these PANAMA CANAL COMMISSION Heights, Republic of Panama, 011-507- regulations more convenient than 52-7511. compliance with U.S. Coast Guard 35 CFR Parts 101, 107, 111, 113, and SUPPLEMENTARY INFORMATION: Regulations, as required by current 123 Part101. Presently, the description of regulations. Other minor changes not the anchorage areas for merchant directly related to the adoption of IMO Revised Rules for Arriving and vessels and small craft are in Part 101, standards are also proposed. For Departing Vessels while the description of the anchorage example, amended § 113.4 deletes the areas for vessels carrying hazardous requirement that vessels communicate AGENCY: Panama Canal Commission. cargoes is in Part 113. This rule will to Canal authorities the results of ACTION: Notice Of Proposed delete the description of the hazardous mandatory tests of alarms and safety Rulemaking. cargo anchorage area from Part 113 and devices. Instead, the results of the test insert it in Part 101, thereby must be noted in the ship's log. Certain SUMMARY: This proposed amendment consolidating the descriptions of all the Canal operating procedures would be would make changes in several parts of anchorage areas deleted as being internal matters not Title 35, Code of Federal Regulations. in one part. In § 101.10 the list of documents which must be required to be published in the Code of These regulations pertain generally to present to Canal boarding inspectors is Federal Regulations. A more significant the requirements for arriving and revised to delete certain obsolete change concerns the carriage of nuclear departing vessels and hazardous materials. Under present rules, vessels cargoes. The Canal Commission requirements and to add new requirements, in order to conform to the not in compliance with the International proposes to adopt the sandards set forth revisions in Part Maritime Dangerous Goods (IMDG) in various International Maritime 113. Under this change vessels must submit a copy Code could be permitted to enter Canal Organization (IMO) Conventions. By of the Hazardous waters if a waiver of the Code way of background, the IMO was Cargo Manifest for packaged dangerous cargo and a copy of the regulations were granted by Canal established in 1958 with headquarters in Loading Plan for dangerous cargo in authorities. This amendment would London, England. 9 UST 621, UKTS 54, bulk. Additional documents eliminate the waiver provision: Vessels 269 UNTS 3. It has, at present, 125 which must be made carrying nuclear material must comply member nations. The Organization has available for inspection by the boarding with the IMDG Code. In addition, these been effective in drawing up a officer include certifications of training for officers nuclear carriers shall be required to comprehensive body of internationally- and crew and the International Oil Pollution Prevention provide proof of financial responsibility. accepted regulations and standards Part 123. Section 123.4 requires covering various aspects of shipping, certificate. Part vessels approaching the Panama Canal incuding the prevention and control of 107. This part deals with the manning requirements for vessels to provide advance notification by radio pollution, and navigation safety. The navigating the waters of the Panama of their estimated time of arrival and of purpose of the proposed amendment to Canal. Section certain other matters. The notification Part 101 is to consolidate in one part the 107.1 is proposed to be amended to require that the officers and requirements pertaining to dangerous rules describing the anchorages for crews of vessels in Canal waters cargoes are proposed to be amended to vessels using the Panama Canal. The meet the training standards recommended by conform to the proposed changes in Part amendment to Part 107 would require the International Maritime Organization. 113. Also, an obsolete reference to that officers and crews of vessels meet Part 111. Under current regulations smallpox vaccinations is deleted from certain training standards recommended all vessels carrying dangerous cargo are the notification requirement pertaining by the IMO. Part 111 is revised to required to fly a red to quarantine and immigration. change the flag requirements for vessels flag during daylight. This amendment would require vessels This regulation is not a major rule carrying toxic or radioactive carrying a dangerous cargo to fly the red within the meaning of Executive Order commodities. Part 113 would be flag if the cargo is a fire or explosion 12291, 3 CFR Part 127 (1981 comp.), and amended to adopt new dangerous cargo hazard and the international flag "T", if rules. Part 123 therefore, a regulatory impact analysis is proposed to be the cargo is toxic or radioactive. has not been prepared. amended to change the requirements for Part113. The Panama Canal advance radio notification by vessels This regulation does not have an Commission proposes to revise the rules carrying dangerous cargo. impact on small entities and is not, for transporting dangerous cargoes. therefore, subject to the Regulatory DATES: Comments must be received on Because of the increasing volume and Flexibility Act (5 USC 601-612). The or before March 14, 1985. number of dangerous substances incorporation by reference in this rule ADDRESSES: Comments should be sent passing through the Panama Canal and were approved by the Director of the to Secretary, Panama Canal the complexity of the safety Federal Register on (insert date on