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a petition for review are contract send to OHA a copy of the solicitation 34. Amend § 134.316(a) by adding the specific, such as compliance with the relating to the NAICS code appeal. following sentence at the end to read as nonmanufacturer rule (see § 121.406(b)), (5) After close of the record, OHA will follows: or joint venture or ostensible issue a decision and inform all subcontractor rule (see § 121.103(h)). interested parties, including the § 134.316 The decision. 29. Revise § 121.1103 to read as appellant and contracting officer. If (a) * * * The Judge will not decide follows: OHA’s decision is received by the substantive issues raised for the first contracting officer before the date offers time on appeal, or which have been § 121.1103 What are the procedures for are due, the solicitation must be abandoned or become moot. appealing a NAICS code designation? amended if the contracting officer’s * * * * * (a) Any interested party adversely designation of the NAICS code is Dated: November 8, 2002. affected by a NAICS code designation reversed. If OHA’s decision is received Hector V. Barreto, may appeal the designation to OHA. by the contracting officer after the due The only exception is that, for a sole date of initial offers, the decision will Administrator. source contract reserved under SBA’s not apply to the pending procurement, [FR Doc. 02–29272 Filed 11–21–02; 8:45 am] 8(a) Business Development program (see but will apply to future solicitations for BILLING CODE 8025–01–P part 124 of this chapter), only SBA’s the same products or services. Associate Administrator for 8(a) 30. Revise § 121.1205 to read as Business Development may appeal the follows: DEPARTMENT OF THE TREASURY NAICS code designation. (b) The contracting officer’s § 121.1205 How is a list of previously Bureau of Alcohol, Tobacco and granted class waivers obtained? determination of the applicable NAICS Firearms code is final unless appealed as follows: A list of classes of products for which (1) An appeal from a contracting waivers of the Nonmanufacturer Rule 27 CFR Part 9 officer’s NAICS code designation and have been granted is maintained in [Notice No. 963] applicable size standard must be served SBA’s website at www.sba.gov/GC/ RIN 1512–AC72 and filed within 10 calendar days after approved.html. A list of such waivers the issuance of the initial solicitation. may also be obtained by contacting the Office of Government Contracting, U.S. Viticultural Area OHA will summarily dismiss an (2002R–009T) untimely NAICS code appeal. Small Business Administration, 409 3rd (2)(i) The appeal petition must be in Street, SW., Washington, DC 20416, or AGENCY: Bureau of Alcohol, Tobacco writing and must be sent to the Office the nearest SBA Government and Firearms (ATF), Treasury. Contracting Area Office. of Hearings & Appeals, U.S. Small ACTION: Notice of proposed rulemaking. Business Administration, 409 3rd Street, PART 134—RULES OF PROCEDURE SW., Suite 5900, Washington, DC 20416. SUMMARY: The Bureau of Alcohol, GOVERNING CASES BEFORE THE Tobacco and Firearms (ATF) has (ii) There is no required format for a OFFICE OF HEARINGS AND APPEALS NAICS code appeal, but an appeal must received a petition proposing the include the following information: the 31. The authority citation for 13 CFR establishment of the Bennett Valley solicitation or contract number; the part 134 continues to read as follows: viticultural area in Sonoma County, . The petitioned area consists name, address, and telephone number of Authority: 5 U.S.C. 504; 15 U.S.C. 632, the contracting officer; a full and 634(b)(6), and 637(a). of approximately 8,140 acres of valley specific statement as to why the NAICS and upland terrain, with 650 acres 32. Revise § 134.102(k) to read as code designation is erroneous, and currently planted to grapes. The follows: argument in support thereof; and the proposed area is within the established name, address and telephone number of § 134.102 Jurisdiction of OHA. viticultural area, except the appellant or its attorney. for a 281-acre overlap into the Sonoma * * * * * Coast viticultural area. A portion of the (3) The appellant must serve the (k) Appeals from size determinations proposed area also overlaps the Sonoma appeal petition upon the contracting and NAICS code designations under Mountain viticultural area, which is officer who assigned the NAICS code to part 121 of this chapter. ‘‘Size itself totally within the larger Sonoma the acquisition and SBA’s Office of determinations’’ include decisions by Valley viticultural area. General Counsel, Associate General Government Contracting Area Directors Counsel for Procurement Law, 409 3rd that determine whether two or more DATES: Written comments must be Street, SW., Washington, DC 20416. concerns are affiliated for purposes of received by January 21, 2003. (4) Upon receipt of a NAICS code SBA’s financial assistance programs, or ADDRESSES: Send written comments to: appeal, OHA will notify the contracting other programs for which an appropriate Chief, Regulations Division, Bureau of officer by notice and order of the date SBA official requested an affiliation Alcohol, Tobacco and Firearms, P.O. OHA received the appeal, the docket determination; Box 50221, Washington, DC 20091–0221 number, and the Judge assigned to the * * * * * (Attn: Notice No. 963). Copies of the case. The contracting officer’s response 33. In § 134.314, revise the heading petition, the proposed regulations, the to the appeal must include argument and add the following sentence at the appropriate maps, and any written and supporting evidence (see part 134, end to read as follows: comments received will be available for subpart C, of this chapter) and must be public inspection by appointment at the received by OHA within 10 calendar § 134.314 Standard of review and burden ATF Reference Library, Room 6480, 650 days from the date of the docketing of proof. Massachusetts Avenue, NW., notice and order, unless otherwise * * * The appellant has the burden Washington, DC 20226; telephone 202– specified by the Judge. Upon receipt of of proof, by a preponderance of the 927–7890. See the ‘‘Public OHA’s docketing notice and order, the evidence, in both size and NAICS code Participation’’ section of this notice for contracting officer must immediately appeals. alternative means of commenting.

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FOR FURTHER INFORMATION CONTACT: N. similar to the name of the viticultural map. The petition also includes an A. Sutton, Specialist, Regulations area must review their existing products excerpt from the 1877 ‘‘Historical Atlas Division (San Francisco, CA), Bureau of to insure that they are eligible to use the Map of Sonoma County,’’ which states Alcohol, Tobacco and Firearms, 221 viticultural area’s name as the that if Bennett Valley ‘‘has any Main Street, 11th Floor, San Francisco, appellation of origin. To be eligible, specialty, it is for fruit and grape CA 94105–1906; telephone 415–271– 85% of the grapes in the wine must be culture.’’ 1254. grown within the viticultural area. If a The petition also offers SUPPLEMENTARY INFORMATION: product is not eligible to use the documentation for the current usage of viticultural area name as an appellation, the proposed area’s name. This includes Background the bottler must obtain approval of a references from a book by Don Edwards, The Federal Alcohol Administration label with a different brand name for ‘‘Making the Most of Sonoma County, A Act (FAA Act) at 27 U.S.C. 205(e) that wine. (See 27 CFR 4.39(i).) California Guide,’’ which states, requires that alcohol beverage labels Bennett Valley Petition ‘‘Bennett Valley—squeezed between provide the consumer with adequate Taylor Mountain and the Sonoma information regarding a product’s ATF has received a petition proposing Mountains on the west, Bennett Peak identity while prohibiting the use of a new viticultural area to be called (Yulupa to the Indians) and Bennett deceptive information on such labels. ‘‘Bennett Valley.’’ The proposed 8,140- Ridge to the east—has been ranching The FAA Act also authorizes the Bureau acre viticultural area is located in and farming country since the days of Alcohol, Tobacco and Firearms (ATF) Sonoma County, California, just when Missourian William Bennett southeast of the city of Santa Rosa and to issue regulations to carry out the settled here.’’ The Bennett Valley approximately 45 miles northeast of San Act’s provisions. Homeowner’s Association’s web site Francisco. Sonoma County is entirely Regulations in 27 CFR part 4, Labeling includes a boundary description similar within the North Coast viticultural area. and Advertising of Wine, allow the to that of the proposed viticultural area. The petitioned area is almost entirely establishment of definitive viticultural The Sonoma County telephone book has within the Sonoma Valley viticultural areas. The regulations allow the name of 24 business listings using the Bennett area, with a small 281-acre overlap into an approved viticultural area to be used Valley name, including the Bennett the Sonoma Coast viticultural area. It as an appellation of origin on wine Valley Union School District. The also partially overlaps the Sonoma labels and in wine advertisements. A Bennett Valley School is identified on list of approved viticultural areas is Mountain viticultural area, which is entirely within the Sonoma Valley area. the USGS Santa Rosa, CA, quadrangle contained in 27 CFR Part 9, American map just inside the proposed area’s Viticultural Areas. Currently, there are 650 acres of planted vineyards in the proposed area. northwest boundary line. The petition Section 4.25a(e)(1), title 27 CFR, also includes a reference to the Sonoma defines an American viticultural area as This proposed viticultural area is about 5.5 miles long, northwest to County government’s Bennett Valley a delimited grape-growing region southeast, 3.15 miles across at its widest Area Plan. Only the Plan’s northern- distinguishable by geographic features, point, and resembles the shape of a most portion, the petition notes, lies the boundaries of which have been downward-pointing bullet. The floor of outside of the proposed viticultural delineated in subpart C of part 9. area’s boundaries. Section 4.25a(e)(2) outlines the Bennett Valley runs the petitioned procedure for proposing an American area’s length, and Bennett Valley Road Historical or Current Evidence That the viticultural area. Any interested person meanders from its northwest to Boundaries of the Viticultural Area Are may petition ATF to establish a grape- southeast boundaries. This proposed as Specified in the Petition growing region as a viticultural area. viticultural area, including the surrounding hills and mountains, The petition states that the proposed The petition should include: area’s boundaries are based on historical (a) Evidence that the name of the comprises the Matanzas Creek watershed. This creek flows west into and current viticulture, geographical proposed viticultural area is locally features, and a unique microclimate. and/or nationally known as referring to the Russian River drainage system and eventually to the Pacific Ocean. The The petition lists 24 grape growers who the area specified in the petition; are historically linked with Bennett (b) Historical or current evidence that petition states that differences in Valley agriculture. In 1862, early settler the boundaries of the viticultural area topography, soils, and climate Isaac DeTurk planted a 30-acre vineyard are as specified in the petition; distinguish the proposed Bennett Valley at the base of Bennett Mountain. By (c) Evidence relating to the viticultural area from the surrounding 1878, the petition adds, he was geographical characteristics (climate, areas. producing 100,000 gallons of wine from soil, elevation, physical features, etc.) Evidence That the Name of the Area Is his own and purchased grapes at his which distinguish the viticultural Locally or Nationally Known winery located within the proposed area features of the proposed area from on Grange and Bennett Valley roads. surrounding areas; According to the petitioner, the area (d) A description of the specific is locally known as Bennett Valley. The Modern accounts referenced in the boundaries of the viticultural area, valley is named after James N. Bennett, petition indicate that, around the turn of based on features which can be found an 1849 immigrant settler who arrived the century, phylloxera disease killed on United States Geological Survey by wagon train. His arrival coincided some of Bennett Valley’s estimated (USGS) maps of the largest applicable with the 1849 Gold Rush that brought 2,000 vineyard-acres, while Prohibition scale; and settlers to California, helping Bennett ended the balance of the Valley’s wine (e) A copy (or copies) of the Valley grow as an agricultural region grape industry. A resurgence of wine appropriate U.S.G.S. map(s) with the known for grapes, apples, hay, wheat, grape growing in Bennett Valley started boundaries prominently marked. oats, barley, and livestock. The Bennett in 1975, the petition notes, when the Valley Grange Hall was built in 1873, Matanzas Creek Winery planted 20 acres Impact on Current Wine Labels and it still stands on Grange Road of grapes. The proposed area now has If this proposed viticultural area is within the proposed area as noted on approximately 650 vineyard-acres. approved, bottlers using brand names the USGS Santa Rosa, CA, quadrangle Twelve of the thirteen petition signers

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are vineyard owners within the The southern boundary follows the Climate proposed area. 1600-foot elevation line along ’s north side and then a The proposed Bennett Valley Evidence Relating to the Geographical westerly straight line to a 900-foot viticultural area has a unique Features Which Distinguish the elevation point. The southwestern microclimate, resulting from its Proposed Area From Surrounding Areas boundary uses intersections and sheltered inland location and access to As described in the petition, the markers, within the Matanzas Creek coastal cooling elements, according to proposed boundaries of the Bennett watershed, to close the boundary line at the petition. It notes that the broad and Valley viticultural area are based on a Taylor Mountain. Crane Canyon, on the tall Sonoma Mountain diverts the foggy, combination of terrain and soil proposed area’s southwestern side, south-to-north coastal breezes of the similarities, a climate with a strong provides an opening in the mountains Petaluma gap to the north and into the coastal influence in a sheltered, inland for the cooling coastal fogs and breezes Crane Canyon gap. This gap, between location, and the common denominator from the Pacific coast, which, according Sonoma Mountain and Taylor of being within the Matanzas Creek to the petitioners, moderate the Bennett Mountain, funnels the coastal fog and watershed. Valley’s climate. winds into the Bennett Valley. Rainfall amounts in the Bennett Valley area are Physical Features Soils 17 to 25 percent higher than in the areas The proposed Bennett Valley Bennett Valley is surrounded on three to the immediate north and east, viticultural area’s soils vary from the sides by the Sonoma Mountain Range surrounding areas, the petition notes, according to the petition, which also and, on the north side, by the city of due to the different composition quotes Valley residents who state that Santa Rosa. The mountainous percentages of its predominant rainfall amounts vary with elevation boundaries, generally defined by Goulding-Toomes-Guenoc Association. and proximity to the mountains and ridgelines, indicate the outer limits of The petition adds that there are their wind patterns. the Matanzas Creek watershed. Taylor differences in the distribution of and Bennett Mountains provide anchors Overlaps With the Sonoma Mountain Spreckels, Laniger, Haire, and Red Hill and Sonoma Coast Viticultural Areas for the proposed area’s western and clay loam soils between the proposed eastern boundary, respectively, while area and nearby portions of the Sonoma The proposed Bennett Valley area is the 1,600-foot elevation line on Sonoma Valley viticultural area. It also states almost entirely within the Sonoma Mountain defines the southern that the soils in the Sonoma Mountain Valley viticultural area. The Sonoma boundary. Elevations within the viticultural area, other than the Mountain viticultural area, which is proposed area range from 250 to 1,850 overlapping portion, vary from those totally within the larger Sonoma Valley feet, with most vineyards between the within the proposed Bennett Valley viticultural area, overlaps 13.1 percent 500 and 600-foot level. area. of the proposed Bennett Valley area. A The proposed area’s northwestern The foothills soils, comprised small 3.4 percent of the proposed area boundary starts at Taylor Mountain’s primarily of the Goulding-Toomes- overlaps into the Sonoma Coast peak and continues straight northeast, Guenoc Association, are of a volcanic viticultural area. The Sonoma Coast and coinciding with a portion of the Sonoma origin that include lava flows, tuff beds the interior Sonoma Valley viticultural Valley viticultural area boundary line. and sandstone, gravel, and some areas, both within the North Coast The lower northern elevations open to conglomerate, according to the viticultural area, share a common the Santa Rosa Valley and city of Santa petitioner. The lower slopes and valley boundary line along Sonoma Valley’s Rosa, where, at the northernmost point, floor soils have more variety, including western border. This common boundary the boundary line turns southeast at a some of alluvial origin. The distribution 65-degree angle. The northeastern and of Spreckels loam, a well drained loam line is the site of the petitioned eastern boundaries, primarily a series of with clay subsoil, the petition states, is boundary’s small overlap into the straight lines connecting elevation about 24 percent in the proposed Sonoma Coast area. points, follow the ridgelines through the Bennett Valley area, 27 percent in the The following table summarizes the peak of Bennett Mountain that outline Sonoma Mountain viticultural area, and proposed 8,140-acre Bennett Valley the eastern side of the Matanzas Creek almost 42 percent in the common area viticultural area’s overlaps with other, watershed. that overlaps the two areas. established viticultural areas:

Acres within Percent of the the proposed proposed Ben- Viticultural area Bennett Valley nett Valley area area in overlap

Sonoma Valley only ...... 6,796 83.5 Sonoma Mountain (within Sonoma Valley area) ...... 1,063 13.1

Total within Sonoma Valley ...... 7,859 96.6

Sonoma Coast ...... 281 3.4

Grand total ...... 8,140 100.0

The petitioner believes these between the proposed and established Sonoma Valley Viticultural Area (27 overlapping acreages provide more of a viticultural areas. CFR 9.29) transition than a definitive contrast The proposed Bennett Valley viticultural area is 96.6 percent within

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the Sonoma Valley viticultural area. The covers 10.8 to 43.1 percent of other feet, are consistent with the surrounding petitioned Bennett Valley area occupies areas. petitioned areas. The Goulding soils 7,859 acres, or approximately 7 percent, The petition also quotes several predominate the overlapping area and of the larger Sonoma Valley viticultural Sonoma Mountain area grape growers are similar to the rest of the proposed area’s acreage. According to the petition, who state that diverse growing Bennett Valley area. The Crane Canyon the Sonoma Valley viticultural area conditions exist on different sides, and gap gives this overlap area the same petition included the Bennett Valley at various elevations, on Sonoma cooling marine influence as the rest of due to its similar soil and climate. The Mountain. Specifically, they note, the the proposed area. Sonoma Mountain viticultural area is overlapping area benefits from the Proposed Boundaries totally within, and located in the coastal influence and wind, which western portion of, the Sonoma Valley contrasts to the protected, warmer, The proposed viticultural area is in viticultural area. eastern side of the mountain. Sonoma County, California. The four approved USGS maps for determining Sonoma Mountain Viticultural Area (27 Sonoma Coast Viticultural Area (27 CFR 9.116) the boundary of the proposed Bennett CFR 9.102) Valley viticultural area are the Santa The proposed Bennett Valley The proposed Bennett Valley Rosa Quadrangle, California—Sonoma viticultural area overlaps 1,063 acres viticultural area overlaps approximately Co., 7.5 Minute Series, edition of 1994; (13.1 percent of its territory) of the 281 acres (3.4 percent of its territory) of Kenwood Quadrangle, California, 7.5 established Sonoma Mountain the established Sonoma Coast Minute Series, edition of 1954, viticultural area, which is itself totally viticultural area. This overlapping area photorevised 1980; Glen Ellen within the Sonoma Valley viticultural is in two portions on the petitioned Quadrangle, California—Sonoma Co, 7.5 area’s west side. The first is located area. The overlap is in the southeast Minute Series, edition of 1954, north of Crane Canyon Road and can be corner of the Bennett Valley area and photorevised 1980; and Cotati found in Sections 9 and 8, T6N, R7W, the northwestern portion of the Sonoma Quadrangle, California—Sonoma Co, 7.5 on the Cotati and Santa Rosa USGS Mountain area. The overlap is seen on Minute Series, edition of 1954, maps. The second is located in Sections the Glen Ellen and Kenwood USGS photorevised 1980. 15 and 16, T6N, R7W, on the Cotati maps in Sections 11 through 14, T6N, The proposed Bennett Valley area is map. This section of the Sonoma Valley R7W. The overlap is mainly that portion of an irregular five-sided shape, and Sonoma Coast viticultural areas of the proposed Bennett Valley resembling a downward-pointing bullet, common boundary line spans a remote viticultural area north of the 1,600-foot with Taylor Mountain, the city of Santa section of the , elevation line on Sonoma Mountain in Rosa, and Bennett Mountain to the where, according to the petitioners, north, while the large Sonoma Mountain Sections 13, 14, and 23, and the land determining the exact limits of the east of the common line between anchors the south side. The proposed Matanzas Creek watershed might have viticultural area is totally within the Sections 15 and 14, as shown on the challenged previous petitioners in Glen Ellen map. The northern limit of North Coast viticultural area, is almost drawing the two areas’ boundary lines. entirely within the Sonoma Valley the overlap is the 800-foot elevation line The petitioners originally intended to viticultural area, with a small overlap from its southern most intersection with follow the Sonoma Valley area’s western into the Sonoma Coast viticultural area. the common line between Sections 10 border and not overlap into the Sonoma The proposed area also overlaps a and 11 to its intersection with Bennett Coast area. However, in the overlap portion of the Sonoma Mountain Valley Road, as shown on the Kenwood north of Crane Canyon Road, the map. petitioners discovered that the former viticultural area, which is itself totally According to the petition, the overlap George N. Whitaker vineyard, a within the Sonoma Valley area. area between the proposed Bennett historically significant Bennett Valley Public Participation Valley and the Sonoma Mountain vineyard, straddled the common viticultural areas contains common boundary line between the Sonoma Comments Sought geographic features, such as the Coast and Sonoma Valley viticultural ATF requests comments from all Matanzas Creek watershed, similar areas. The vineyard, and the interested persons. Comments received vineyard elevations, and the ‘‘thermal immediately surrounding land, is on or before the closing date will be belt’’ phenomenon that drains cold air similar to the proposed Bennett Valley carefully considered. Comments and fog from the upper mountain slopes viticultural area due to its drainage into received after that date will be given the to the lower elevations, which the Matanzas Creek watershed, its direct same consideration if it is practical to moderates temperatures at the lower receipt of the cooling marine influence do so. However, assurance of levels. The thermal belt phenomenon is from the Crane Canyon gap, and terrain consideration can only be given to seen in this overlap due to its proximity and soils that are consistent with comments received on or before the to the Crane Canyon wind gap, which petitioned area. To avoid again dividing closing date. delivers the Pacific’s cooling marine this vineyard between two viticultural ATF is especially interested in influence to the proposed area. areas, the petitioners extended their comments about the small overlap into The petition also notes strong soil boundary line about a quarter-mile west the Sonoma Coast viticultural area. This similarities in this overlapping area. For into the Sonoma Coast viticultural area, overlap departs from the common example, Goulding clay loam covers causing the small, 281-acre overlap. course of two established viticultural 30.2 percent of the proposed Bennett The petitioner claims the terrain, area boundary lines to avoid dividing an Valley area, 33.4 percent of this soils, and microclimate of this Sonoma established vineyard that appears to overlapping area, and from 7.4 to 49.8 Coast overlap are consistent with the meet the criteria of the Bennett Valley percent of other sections of Sonoma proposed Bennett Valley viticultural viticultural area. ATF is also interested County viticultural areas. Goulding area. The area is totally within the in comments about the proposed area’s cobbly clay loam covers 18.5 percent of Matanzas Creek watershed and on the overlap with the Sonoma Mountain the Bennett Valley area, 19.0 percent of Sonoma Valley side of the dividing viticultural area. Refer to the the Sonoma Mountain overlap, and ridge. The elevations, from 680 to 960 ‘‘Overlapping Areas’’ section of this

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document for more detailed site will show the name of the Authority and Issuance information. commenter, but will have street Title 27, Code of Federal Regulations, ATF will not recognize any submitted addresses, telephone numbers, and e- Part 9, American Viticultural Areas, is material as confidential and comments mail addresses removed. We may also proposed to be amended as follows: may be disclosed to the public. Any omit voluminous attachments or material that a commenter considers material that we do not consider PART 9—AMERICAN VITICULTURAL confidential or inappropriate for suitable for posting. In all cases, the full AREAS disclosure to the public should not be comment will be available in the ATF included in the comments. The name of library as noted above. To access online Paragraph 1. The authority citation the person submitting a comment is not copies of the comments on this for part 9 continues to read as follows: exempt from disclosure. proposed rulemaking, visit http:// Authority: 27 U.S.C. 205 Submitting Comments www.atf.treas.gov/, and select ‘‘Regulations,’’ then ‘‘Notices of Subpart C—Approved American By U.S. Mail: Written comments may proposed rulemaking (alcohol),’’ and Viticultural Areas be mailed to ATF at the address listed then click on the ‘‘View Comments’’ Par. 2. Subpart C is amended by in the ADDRESSES section. link for this notice. ll By Fax: Comments may be submitted adding Section 9. to read as follows: by facsimile transmission to 202–927– Paperwork Reduction Act § 9.ll Bennett Valley 8602, provided the comments: (1) Are The provisions of the Paperwork (a) Name. The name of the viticultural legible; (2) are 81⁄2″ x 11″ in size, (3) Reduction Act of 1995, 44 U.S.C. area described in this section is contain a written signature, and (4) are chapter 35, and its implementing ‘‘Bennett Valley’’. five pages or less in length. This regulations, 5 CFR part 1320, do not (b) Approved maps. The appropriate limitation is necessary to assure apply to this notice because no maps for determining the boundary of reasonable access to the equipment. requirement to collect information is the Bennett Valley viticultural area are Comments sent by fax in excess of five proposed. four 1:24,000 Scale U.S.G.S. topography pages will not be accepted. Receipt of maps. They are titled: fax transmittals will not be Regulatory Flexibility Act (1) Santa Rosa Quadrangle, CA— acknowledged. Facsimile transmitted Sonoma Co. 1994 comments will be treated as originals. ATF certifies that this proposed (2) Kenwood Quadrangle, CA 1954, By E-Mail: Comments may be regulation will not have a significant photorevised 1980 submitted by e-mail to impact on a substantial number of small (3) Glen Ellen Quadrangle, CA— [email protected]. E-mail comments entities. The establishment of a Sonoma Co. 1954, photorevised 1980 must: contain your name, mailing viticultural area is neither an (4) Cotati Quadrangle, CA—Sonoma address and e-mail address, and endorsement nor approval by ATF of Co. 1954, photorevised 1980 reference this notice number. We will the quality of wine produced in the (c) Boundary. The Bennett Valley not acknowledge the receipt of e-mail. area, but rather an identification of an viticultural area is entirely within We will treat comments submitted by e- area that is distinct from surrounding Sonoma County, California, and is mail as originals. areas. ATF believes the establishment of located northwest of the peak of Comments may also be submitted viticultural areas merely allows Sonoma Mountain and southeast of the using the comment form provided with wineries to more accurately describe the city of Santa Rosa. The point of the online copy of this proposed rule on origin of their wines to consumers, and beginning is the peak of Taylor the ATF Internet web site at http:// helps consumers identify the wines they Mountain (BM 1401), Section 6, T6N, www.atf.treas.gov. purchase. Thus, any benefit derived R7W (Santa Rosa Quadrangle). By Public Hearing: Any person who from the use of a viticultural area name (1) Then proceed straight northeast to desires an opportunity to comment is the result of a proprietor’s own efforts the intersection of the common line orally at a public hearing on the and consumer acceptance of wines from between Sections 31 and 32 and the proposed regulation should submit his that area. 560-foot elevation line, T7N, R7W, and or her request in writing to the Director No new requirements are proposed. continue straight northeast at the same within the 60-day comment period. The Accordingly, a regulatory flexibility angle, crossing the Bennett Valley Golf Director, however, reserves the right to analysis is not required. Course and Matanzas Creek, to a point determine, in light of all circumstances, on the 500-foot elevation line whether a public hearing will be held. Executive Order 12866 approximately 400 feet north of the southern boundary of Section 20, T7N, Reviewing Comments ATF has determined that this proposed regulation is not a significant R7W (Santa Rosa Quadrangle); You may view copies of the full (2) From that point, proceed straight regulatory action as defined by comments received in response to this southeast to the center peak of the three Executive Order 12866. Accordingly, notice of proposed rulemaking by unnamed peaks above the 1,100-foot this proposal is not subject to the appointment at the ATF Reference elevation line, located approximately analysis required by this Executive Library, Room 6480, 650 Massachusetts 1,600 feet southwest of Hunter Spring, Order. Avenue, NW., Washington, DC 20226; in Section 28, T7N, R7W (Santa Rosa telephone 202–927–7890. You may Drafting Information Quadrangle); request copies of the full comments (at (3) Then proceed straight east- 20 cents per page) by writing to the ATF The principal author of this document southeast to a 1,527-foot peak in the Reference Librarian at the above is N. A. Sutton, Regulations Division southeast corner of Section 28, T7N, address. (San Francisco), Bureau of Alcohol, R7W (Santa Rosa Quadrangle); For the convenience of the public, Tobacco, and Firearms. (4) Then proceed straight southeast to ATF will post comments received in List of Subjects in 27 CFR Part 9 Bennett Mountain’s 1,887-foot peak, response to this notice on the ATF web Section 34, T7N, R7W (Kenwood site. All comments posted on our web Wine. Quadrangle);

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(5) Then proceed straight southeast to ACTION: Proposed rule. ENVIRONMENTAL PROTECTION the 1,309-foot peak located northwest of AGENCY a water tank and approximately 400 feet SUMMARY: EPA proposes to approve the north of the southern boundary of State Implementation Plan (SIP) 40 CFR Parts 52 and 70 Section 35, T7N, R7W (Kenwood revision submitted by the state of [MO 166–1166; FRL–7411–9] Quadrangle); Missouri. This revision pertains to (6) Then proceed straight south- changes to the solvent metal cleaning Approval and Promulgation of southeast to the 978-foot peak in the rule applicable to the St. Louis, Implementation Plans and Operating northeast quadrant of Section 11, T6N, Missouri, area. In the final rules section Permits Program; State of Missouri R7W, and continue straight south- southeast approximately 600 feet to the of the Federal Register, EPA is AGENCY: Environmental Protection ‘‘T’’ intersection of two unimproved approving the state’s SIP revision as a Agency (EPA). direct final rule without prior proposal roads located on the common boundary ACTION: Proposed rule. line between Sections 11 and 12, T6N, because the Agency views this as a R7W (Kenwood Quadrangle); noncontroversial revision amendment SUMMARY: EPA proposes to approve a (7) Then proceed south along the and anticipates no relevant adverse revision to the Missouri State north-south unimproved road to its comments to this action. A detailed Implementation Plan (SIP) and intersection with Sonoma Mountain rationale for the approval is set forth in Operating Permits Program. EPA is Road, Section 13, T6N, R7W, and the direct final rule. If no relevant approving a revision to Missouri rule continue straight south to the 1,600-foot adverse comments are received in ‘‘Submission of Emission Data, elevation line, Section 13, T6N, R7W response to this action, no further Emission Fees, and Process (Glen Ellen Quadrangle); activity is contemplated in relation to Information.’’ This revision will ensure (8) Then proceed west along the this action. If EPA receives relevant consistency between the state and meandering 1,600-foot elevation line to adverse comments, the direct final rule Federally-approved rules, and ensure the point where it crosses the common will be withdrawn and all public Federal enforceability of the state’s air line between Sections 22 and 23, T6N, comments received will be addressed in program rule revision. R7W (Glen Ellen Quadrangle); a subsequent final rule based on this In the final rules section of this (9) Then proceed straight west- Federal Register issue, EPA is northwest to the point where the 900- proposed action. EPA will not institute a second comment period on this action. approving the state’s submittal as a foot elevation line crosses the common direct final rule without prior proposal Any parties interested in commenting line between Sections 15 and 16, T6N, because the Agency views this as a on this action should do so at this time. R7W, approximately 500 feet north of noncontroversial revision amendment the southwest corner of Section 15 Please note that if EPA receives adverse and anticipates no relevant adverse (Cotati Quadrangle); comment on part of this rule and if that comments to this action. A detailed (10) Then proceed straight northwest part can be severed from the remainder rationale for the approval is set forth in to intersection of Grange Road (known of the rule, EPA may adopt as final the direct final rule. If no relevant as Crane Canyon Road to the west) and those parts of the rule that are not the adverse comments are received in the southern boundary of Section 9, and subject of an adverse comment. response to this action, no further continue straight west along that section activity is contemplated in relation to boundary to the southwest corner of DATES: Comments on this proposed action must be received in writing by this action. If EPA receives relevant Section 9, T6N, R7W (Cotati adverse comments, the direct final rule Quadrangle); December 23, 2002. will be withdrawn and all public (11) Then proceed straight north- ADDRESSES: Comments may be mailed to comments received will be addressed in northwest to the 961-foot peak on the Wayne Kaiser, Environmental east side of Section 8, T6N, R7W, (Santa a subsequent final rule based on this Protection Agency, Air Planning and Rosa Quadrangle) and proposed action. EPA will not institute (12) From that peak, continue straight Development Branch, 901 North 5th a second comment period on this action. northwest to the peak of Taylor Street, Kansas City, Kansas 66101. Any parties interested in commenting on this action should do so at this time. Mountain, returning to the point of FOR FURTHER INFORMATION CONTACT: beginning. Wayne Kaiser at (913) 551–7603. DATES: Comments on this proposed Dated: November 8, 2002. action must be received in writing by SUPPLEMENTARY INFORMATION: See the December 23, 2002. Bradley A. Buckles, information provided in the direct final Director. ADDRESSES: Comments may be mailed to rule which is located in the rules Wayne Kaiser, Environmental [FR Doc. 02–29590 Filed 11–21–02; 8:45 am] section of the Federal Register. Protection Agency, Air Planning and BILLING CODE 4810–31–P Dated: November 8, 2002. Development Branch, 901 North 5th James B. Gulliford, Street, Kansas City, Kansas 66101. ENVIRONMENTAL PROTECTION Regional Administrator, Region 7. FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551–7603. AGENCY [FR Doc. 02–29610 Filed 11–21–02; 8:45 am] SUPPLEMENTARY INFORMATION: See the BILLING CODE 6560–50–P 40 CFR Part 52 information provided in the direct final [MO 164–1164; FRL–7412–3] rule which is located in the rules section of the Federal Register. Approval and Promulgation of Dated: November 12, 2002. Implementation Plans; State of James B. Gulliford, Missouri Regional Administrator, Region 7. AGENCY: Environmental Protection [FR Doc. 02–29608 Filed 11–21–02; 8:45 am] Agency (EPA). BILLING CODE 6560–50–P

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