43 o Federal Register I Vol. 52, No. 28 / Wednesday, February 11,,1987 /Proposed Rules

National Environmental Policy Act of 24 CFR Part 988 SUPPLEMENTARY INFORMATION: 1969, 42 U.S.C. 4332. The Finding of No Loan programs: housing and Background Significant Impact is available for public community development, Public inspection during regular business hours housing, Reporting and recordkeeping On August 23,1978, ATF published in the Office of the Rules Docket Clerk, requirements, Grant programs: housing Treasury.Decision ATF-53 (43 FR 37672. Room 10276, at the address listed above. and community development. Indians. 54624) revising regulations in 27 CFR This proposal does not constitute a Part 4. These regulations allow the "major rule", as that term is defined in Authority: United States Housing Act of establishment of definite viticultural 1937 (42 U.S.C. 1437-1437q); sec. 71d) of the the section 1(b) of Executive Order 12291 Department of Housing and Urban areas. The regulations also allow issued by the President on February 17, Development Act (42 U.S.C. 3535(d)). name of an approved viticultural area to 9rl' 1981. Analysis of the proposal indicates 6, 198. be used as an appellation of origin Dated: October wine labels and in wine advertisementd. that it does not (1) have an annual effect .1.Michael Dorsey, economy of $100 million or more; on the AssistantSecretary for Publicand Indian On October 2.1979, ATF published (2) cause a major increase in costs or Housing. Treasury Decision ATF-60 (44 FR 56692) prices for consumers, individual [FR Doc. 87-2854 Filed 2-10-87; 8:45 am) which added a new Part 9 to 27 CFR, industries, Federal, State, or local providing for the listing of approved government agencies, or geographic IWNG CODE 4210.U-- American viticultural areas, the names regions; or (3)have a significant adverse of which may be used -as appellations of effect on competition, employment, DEPARTMENT OF THE TREASURY origin. investment, productivity, innovation, or Section 4.25a(e)(1), Title 27, CFR, on the ability of United States-based Bureau of Alcohol, Tobacco and defines an American viticultural area as enterprises to compete with foreign- Firearms a delimited grape-growing region based enterprises in domestic or export distinguishable by geographical markets. 27 CFR Part 9 features, the boundaries of which have Under the Regulatory Flexibility Act [Notice No. 6201 been delineated in Subpart C of Part 9. (5 U.S.C. 601), the Undersigned hereby Section 4.25a(e)(2) outlines the certifies that this proposal does not have Stags Leap District Viticultural Area procedure for proposing an American a significant economic impact on a viticultural area. Any interested person substantial number of small entities. AGENCY::Bureau of Alcohol, Tobacco may petition ATF to establish a grape- Since the proposal is intended to have and Firearms, Department of the growing region as a viticultural area. the effect of containing'development Treasury. The petition should include- costs for Indian housing and CIAP ACTION: Notice of proposed rulemaking. projects, it may have an economic (a) Evidence that the name of the impact on builders or developers of such SUMMARY: The Bureau of Alcohol, proposed viticultural area is -locally housing, some of whom may constitute Tobacco and Firearms (ATF) is and/or nationally known as 'referring to considering the establishment of a the area specified in the petition; small entities, but it is not believed that (b) Historical or current evidence the number of small entities affected viticultural area in Napa County, 'that will be substantial. California, to be known as "Stags Leap the boundaries of the viticultural area This proceeding was listed as item 962 District." This proposal is the result of a are as specified in the petition; in the Department's Semiannual Agenda petition submitted by the Stags Leap (c) Evidence relating to the of Regulations published October 27, District Appellation Committee. ATF geographical characteristics (climate, 1986 (51 FR 38424, .38468) in accordance feels that the establishment of soil, elevation, physical features, etc.) with Executive Order 12291 and the viticultural areas and the subsequent which distinguish the viticultural Regulatory Flex'ibility Act. .use of viticultural area names as features of the proposed area from The information collection appellations of origin in wine labeling surrounding areas; requirements contained in this proposal and advertising will help consumers (d) A description of the specific have been approved by'the Office of identify the wines they may purchase. boundaries of the viticultural area, Management and Budget under the DATE: Written comments must be based on features which can be found provisions of the Paperwork Reduction received by April 13, 1987. on United States Geological Survey Act of 1980 (44 U.S.C. 3501-3520). The ADDRESS: Send written comments to: (U.S.G.S.) maps of the largest applicable OMB control number is 2577-0101. Chief, FAA, Wine and Beer Branch, scale; and The Catalog of Federal Domestic Bureau of Alcohol, Tobacco and (e) A copy of the appropriate U.S.G.S. Assistance Program numbers and titles Firearms,,P.O. Box 385, Washington, DC map with the boundaries prominently are 14.850, Public and Indian Housing, 20044-0385, (Notice No. 620). marked. 14,851, Low-Income Housing Copies of the petition, the proposed Homeownership Opportunities for Low regulations, the appropriate map, and Petition Income Families and 14.852, Public the written comments will be available ATF has received a petition proposing Housing--Comprehensive Improvement for public inspection during normal an area in Napa County, California, as a Assistance'Program. business hours at: ATF Reading Room, viticultural area to be known as "Stags List of Subjects Room 4406, Ariel Rios Federal Building, Leap District." The proposed area, 1200 Pennsylvania Avenue, NW., located east of the city of Yountville and 24 CFR Part905 Washington, DC. five to eight miles north of the city of Grant program: housing and FOR FURTHER INFORMATION CONTACT. Napa, consists of approximately 2,550 community development, Loan James P. Ficaretta, FAA, Wine and Beer acres. It includes eight bonded wineries programs: housing and community Branch, Bureau of Alcohol, Tobacco and and approximately 30 vineyards, with development, Low and moderate income Firearms, 1200 Pennsylvania Avenue, approximately 1,250 acres of grapes. If housing, Public housing,' NW., Washington, DC 20226 (202-566- approved, Stags Leap District would be Homeownership. 7626). the third viticultural area Within the Federal Register / Vol. 52, No. 28 / Wednesday, February 11, 1987 / Proposed Rules 4351

Napa Valley viticultural area, along with (c) In the March 9, 1983 issue of the (located south of the proposed areal, Los Carneros and Howell Mountain. S.F.Examiner, the proposed viticultural and its prevailing winds, moderated by area is Name described as being on the east the hills, also influences the climate in side of the Napa Valley where, "[Tiwo the proposed Stags Leap District. Evidence that the name of the famous wines from this region are Stags' (f) The configuration of the proposed proposed area is locally and/or Leap Wine Cellars .. . and Clos du viticultural area favors an inflow of cool nationally known as referring to the Val .... Dick Steltzner's air from San Pablo Bay. The air then area specified in the petition includes: vineyard .... is here. Robert Mondavi exits to the mountain elevations to the (a) Copies of recent wine labels (1979 has vineyards here. You should also be north, or moves to the main valley floor Pine Ridge Chardonnay, 1980 Pine Ridge hearing about Silverado Cellars in through the narrow passes at the Merlot, 1979 Steltzner Vineyards, coming years." northern boundary-of the proposed Cabernet Sauvignon, 1980 Markham (d) Further references to Silverado Stags Leap District. Merlot), each of which indicates the Vineyards as being included in the proposed viticultural area can be found (g) Due to the hilliness of the proposed grapes as having come from the Stags area, fog and low clouds clear earlier in Leap District. in the January 1-15,1982 issue of The Wine Spectator,where the winery, then this area when compared to the lower (b) Excerpts from articles appearing in the west of the Napa River. Trumpetvine Wines, San Francisco under construction, was described as elevations-to Chronicle,Academie Du Vin, Son being "located . . .in the Stags' Leap Boundaries of the Area FranciscoExaminer, and Ashbury. area," Market, which consistently make Collectively taken, this evidence The boundaries of the proposed Stags references to the proposed "Stags Leap describes the proposed viticultural area Leap District viticultural area may be District." as being south of the Yountville Cross found on one United States Geological (c) Articles showing that the term Road, 4 to 6 miles north of the city of Survey (U.S.G.S.) map of the 7.5 minute "Stags Leap" was in use since Horace Napa, bounded on the west by the Napa series, titled Yountville, California. and Minnie Chase first used the phrase River, and on the east by the The boundaries, as referred to in the in reference to their summer manor Mayacamas Mountains (also called petition, are described in § 9,117. "Stags Leap"). house, constructed in 1890, and their Regulatory Flexibility Act winery, built in 1893. Geography The provisions of the Regulatory (d) U.S.G.S. field report dated 1951 Evidence that the geographical using the name "Stags Leap" to indicate Flexibility Act relating to initial and the mountains and mountain formations features of the proposed viticultural area final regulatory flexibility analysis (5 are different from the surrounding areas U.S.C. 603, 604) are not applicable to this along the eastern boundary of the includes the following: proposed viticultural area. notice of proposed rulemaking because (a) The combination of low hills and the proposal is not expected (1) to have (e) A shipping label dating from the mountains, west or southwest facing mid-1920's identifying table grapes slopes, and the resulting westerly to significant secondary or incidental produced and shipped east under the effects on a substantial number of small southerly water drainage within the entities; nor (2) to impose, nor otherwise name "STAG LEAP." proposed area creates a climatic zone (f) Description of a U.S. Post Office cause, a significant increase in the that is different from the surrounding reporting, recordkeeping, or other branch called "Stag's Leap" which was areas of the Napa Valley. located in the basement of Stag's Leap (b) Throughout the proposed compliance burdens on a substantial Manor (referred to in paragraph c viticultural area Bale clay loam is the number of small entities. above), from 1927 to 1944. predominant soil, common from north to Accordingly, it is hereby certified under the provisions of Section 3 of the Boundaries south. Conversely, west of the Napa River. Cole silt loam predominates, Regulatory Flexibility Act (5 U.S.C. Evidence that the boundaries of the while the soils to the east of the 605(b)) that the notice of proposed proposed area are as specified in the proposed area consist of rock out-crops. rulemaking, if promulgated as a final petition includes the following: (c) The topography and soils of the rule, will not have, a significant (a) In the April/May (1984) issue of proposed area also influence drainage economic impact nor compliance Friends of Wine, the proposed and water-holding capacity. Generally burdens on a'substantial number of viticultural area is described as being speaking, the soils west of the Napa small entities. "east of Yountville, at the Silverado River are deeper, richer and hold more Compliance With Executive Order 12291 Trail," and includes Stag's Leap Wine water than those within the proposed Cellars, Shafer Vineyards, Pine Ridge, Stags Leap District. It has been determined that this and Silverado Vineyards. The locations (d) With respect to water-holding proposed rulemaking is not classified as of these vineyards and wineries closely capacity, Bale clay loam (soil within the a "major rule" within the meaning of approximate the parameters of the proposed viticultural area) contains only Executive Order 12291, 46 FR 13193 proposed Stags Leap District viticultural 0.08-0.11 inches of available water per (1981), because it will not have an area. inch of soil, while the Cole silt loam annual effect on the economy of $100 (b) Similar references to the above contains 0.1-0.21 inches of water per million or more; it will not result in a wineries and vineyards as being in the inch of soil, or approximately double the major increase in costs or prices for proposed viticultural area are found in water-holding capacity. consumers, individual industries, Alexis Lichine's New Encyclopedia of (e) The low hills and west-facing Federal, State, or local government Wines & Spirits (1984). In addition, exposure contribute to air flow patterns agencies, or geographic regions; and it reference is made to Clos du Val winery and temperature profiles that result in will not have significant adverse effects as being within the proposed viticultural days that are warmer earlier and nights on competition, employment, area. This winery is located just inside that are cooler than the surrounding investment, productivity, innovation, or the southern boundary of the proposed 'areas. The proximity of the proposed on the ability of the United States-based Stags Leap District area. viticultural area to San Pablo Bay enterprises to compete with foreign- 4352 Federal Register / Vol. 52, No. 28 / Wednesday, February 11, 1987 / Proposed Rules based enterprises in domestic or export Par. 2. The table of sections in 27 CFR (10) Then in a generally southeast markets. Part 9, Subpart C, is amended toadd the direction,following the 400 foot contour Paperwork Reduction Act title of § 9.117 to read as follows: . line through Sections 32, 33, 4, and.3, Subpart C-Approved American Viticultural until it intersects the intermittent stream The provisions of the Paperwork Areas in the southwest corner of Section 3 in Reduction Act of 1980, Pub. L. 9-511, 44 T6N/R4W. U.S.C. Chapter 35, and its implementing Sec. (11) Then in a generally southwest regulations, 5 CFR Part 1320, do not direction along that intermittent stream apply to this notice because no 9.117 Stags Leap District. to the beginning point, at the requirement to collect information is intersection with the Silverado Trail. proposed. Par. 3. Subpart C of 27 CFR Part 9 is amended by adding § 9.117 to read as Signed: January 9,1987. Public Participation-Written Comments follows: Stephen E.HigginS, ATF requests comments from all § 9.117 Stags Leap DistricL Director. interested persons concerning this (a) Name. 'Approved: January 15,1987. proposed The name of the viticultural viticultural area. This area described in this section is "Stags John P. Simpson, document proposes possible boundaries Leap District." Deputy Assistant Secretary,(Regulatory, for the Stags Leap District viticultural (b) Approved mop. The appropriate Trade and Tariff Enforcement). area. However, comments concerning map for determining the boundaries of other possible boundaries for this [FR Doc. 87-2748 Filed 2-10-87; 8.45 am] the Stags Leap District viticultural area BILLING CODE 410-"1-M viticultural area will be given is one U.S.G.S. topographic map in the consideration. 7.5 minute series titled "Yountville, Comments xeceived before the closing Calif.,".1951 "[photorevised 1968). date will be carefully considered. (c) Boundaries.The proposed Stags ARCHITECTURAL AND Comments received after the closing Leap District viticultural area is located TRANSPORTATION BARRIERS date and too late for consideration will in Napa County, California, within ,the COMPLIANCE BOARD be treated as possible suggestions for Napa Valley viticultural area. The exact future ATF action. boundaries of the proposed area, based 36 CFR Part 1190 ATF will not recognize any material in on landmarks and points of reference on comments .asconfidential. Comments the approved map, are as follows: Minimum -Guidelines and Requirements may be disclosed to the public. Any (1) Commencing at the intersection of for Accessible Design material which the commenter considers the intermittent stream with the to be confidential or inappropriate for Silverado Trail at the 80 foot contour AGENCY: United States Architectural and disclosure to the public should.not be line in T8N/R4W, :approximately 7 miles Transportation Barriers Compliance included in the comment. The name of north ofthe city of Napa. Board ,ATBCB). the person submitting a comment is not (2] Then southwest-in a straight line, ACTiON: Notice of proposed rulemaking. exempt from disclosure. approximately 900 feet, to the Napa Any interested person who desires an River. SUMMARY: Public comment is invited on opportunity to comment orally at a (3)Then in a northwest direction, at a proposal that would amend the public hearing on these proposed an angle of 212 degrees, along the Napa Minimum Guidelines and Requirements regulations should submit his or her River until it intersects the intermittent for Accessible Design (MGRAD). request, in writing, to the Director Within stream in T7N/R4W, approximately MGRAD is issued by the ATBCB the 60-day commentperiod.The 1,500 .feet southeast of the secondary pursuant to section 502(b)(7) of the Director, however, reserves the right to highway, Grant Body4(Yountville Cross Rehabilitation Act of 1973, to establish determine, in light of all circumstances, Rd.). minimum guidelines -and requirements whether a public hearing will be held. (4) Then northeast in a -straight line to for standards issued by the four the summit of the adjacent hill, standard-setting agencies under the List of Subjects in 27 CFR Part 9 approximately 330 feet in elevation, Architectural Barriers Act of 1988. First, Administrative Practice and - west of the Silverado Trail, in T7N/ the amendment would add requirements Procedure, Viticultural Areas, Consumer R4W. for standards to be applied to leased Protection, and Wine. (5) Then northeast in a straight line to facilities at the time of leasing. Due to the summit of the adjacent hill, litigation which was pending when the Drafting Information approximately 310 feet in elevation. MGRAD was -adopted and which was The principal author of this document (6) Then northeast in a straight line -to concluded in early 1986, the ATBCB had is James P. Ficaretta, FAA, Wine and' the summit of the :adjacent hill, deferred the adoption of MGRAD Beer Branch, Bureau of Alcohol, approximately 210 'feet in elevation. provisions on this subject. Second, the Tobacco and Firearms. (7) Then southeast in a straight line, amendment would add -an advisory across .the Silverado Trail, to the summit paragraph concerning detectable tactile Authority and Issuance of the adjacent -hill, approximately 290 surface treatments that may be used as feet in elevation, located in the warnings for visually impaired people. PART 9-AMERICAN VITICULTURAL southwest corner of Section.29 in T7N/ Because information on detectable AREAS R4W. tactile surface treatments was limited at Accordingly, the Director proposes the :(8] Then east in a straight 'line to 'the the time MGRAD was published In .1982, amendment of 27 CFR Part 9 as follows: summit of the adjacenthill, the sectionon detectable warnings was approximately '270 feet -inelevation. reserved. Research has now been Paragraph 1. The authority citation for (9) Then northeast in a straight line, ,at completed ion this subject'and the Part 9 continues to read as follows: an angle of 47 degrees, to the 400 foot ATBCB has made a determination based Authority: 27 U:S.C. 205. contour line in Section 29 of T7N/R4W, on these findings and other information.