Federal Register. / Vol. 48, No. 184 / Wednesday, September 21, 1983 / Rules and Regulations 42973

Dated: September 15, 1983. persons to submit objections to the viticultural area as a delimited grape- Joseph P. Ifile, establishment of the regulations. growing region distinguishable by Associate Commissionerfor Regulatory EPA is issuing a second 30-day geographical features. Subpart C of Part Affairs. extension to provide time for persons 9 lists approved AmeriCan viticultural IFR Doc. 83-25656 Filed 9-20-83; 8:45 am] who may wish to file objections and areas. Under § 4.25a(e)(2), any BILLING CODE 4160-01-M afford the Agency additional time to interested person may petition ATF to respond and clarify other issues that establish a grape-growing region as an ENVIRONMENTAL PROTECTION may be raised before the final tolerance American viticultural area. The petition regulations are established. 4hould include: AGENCY Dated: September 2, 1983. (a) Evidence that the name of the James M. Conlon, proposed viticultural area is locally 21 CFR Parts 193 and 561 and/or nationally known as referring to Acting Director,Office of PesticidePrograms. IFAP 1H5321/R139B; PH-FRL 2438-2] the area specified in the petition; (FR Doc. 83-25699 Filed 9-20-83: 8:45 am) (b) Historic or current evidence that BILLING CODE 6560-50-M Tolerances for Pesticides in Food and the boundaries of the viticultural area Animal Feed; Dicamba; Extension of arq as specified in the petition; Time for Filing Objections (c) Evidence relating to the DEPARTMENT OF THE TREASURY geographical features (climate, soil, AGENCY: Environmental Protection elevation, physical features, etc.), which Bureau of Alcohol, Agency (EPA). Tobacco and distinguish the viticultural features of ACTION: Rule; extension of time for filing Firearms the proposed area from surrounding objections. areas; 27 CFR Part 9 (d) A description of the specific SUMMARY: This notice provides a second boundaries of the viticultural area, 30-day extension for interested persons [T.D. ATF-145; Reference Notice Numbers to submit objections to EPA's 360, 404] based on features which can be found establishment of regulations permitting on United States Geological Survey the combined residues of the herbicide North Coast Viticultural Area (U.S.G.S.) maps of the largest applicable dicamba and its metabolite in or on the scale; and AGENCY: Bureau of Alcohol, commodity sugarcane molasses. Tobacco (e) A copy of the appropriate U.S.G.S. and Firearms (ATF), Treasury. maps with the boundaries prominently DATE: Written objections should be ACTION: Final rule, Treasury decision. marked. submitted on or before October 21, 1983. . Labeling of North Coast Wines. The ADDRESS: Written objections may be SUMMARY: This rule establishes a term North Coast has been used for submitted to the: Hearing Clerk (A-110), viticultural area located in Napa, several years on wine labels as an Environmental Protection Agency, Rm. Sonoma, Mendocino, Solano, Lake, and appellation of origin for wines derived 3708, 401 M St., SW., Washington, D.C. Marin Counties, California, named from grapes grown in the coastal 20460. "North Coast." This final rule is the mountain ranges north of San Francisco. FOR FURTHER INFORMATION CONTACT: .result of a petition submitted by the In 1974, in response to a request from By mail: Robert Taylor, Product California North Coast Grape Growers the California North Coast Grape Manager (PM) 25, Registration Association, and of written comments Growers Association, ATF took the Division (TS-767C), Environmental and oral testimony given regarding the position that North Coast or North Coast Protection Agency, 401 M St., SW., proposed viticultural area. Counties, when used as an appellation Washington, D.C. 20460. The Bureau of Alcohol Tobacco and of origin on wine labels, meant that the Office location and telephone number: Firearms believes the establishment of grapes originated in Napa, Sonoma, and Rm. 245, CM #2, 1921 Jefferson Davis North Coast as a viticultural area and its Mendocino Counties. T.D. ATF-53 set Highway, Arlington, VA 22202, (703- subsequent use as an appellation of out new rules for wine labeling using 557-1800). origin in wine labeling and advertising appellations of origin. As of January 1, SUPPLEMENTARY INFORMATION: EPA will allow wineries to designate their 1983, the only appellations authorized issued a regulation published in the specific grape-growing area and will for domestic wines are the terms Federal Register of March 16, 1983 (48 help consumers identify the wines they "United States," state or multistate FR 11113) permitting the combined purchase. appellations, county appellations, residues of the herbicide dicamba (3,6- EFFECTIVE DATE: October 21, 1983. multicounty appellations, or viticultural dichloro-o-anisic acid) and its sugarcane FOR FURTHER INFORMATION CONTACT: areas representing distinctive grape- metabolite 3,6-dichloro-5-hydroxy-o- Charles N. Bacon, FAA, Wine and Beer growing areas established under 27 CFR anisic acid in or on the food (21 CFR Branch, Bureau of Alcohol, Tobacco and 4.25a(c). However, Industry Circular 82- 193.465) and feed (21 CFR 561.427) Firearms, Washington, DC 20226, 4, May 24, 1982, allowed the appellation commodity sugarcane molasses at 2.0 Telephone: 202-566-7626. "North Coast" to be used to indicate parts per million. EPA, in the Federal SUPPLEMENTARY INFORMATION: wine made with grapes originating in Register of July 27, 1983 (48 FR 34024) Napa, Sonoma, and Mendocino issued a notice which provided Background Counties, until the final outcome of the additional information about the level of ATF regulations in 27 CFR Part 4 petition for a "North Coast" viticultural DMNA (dimethyl-N-nitrosoamine) allow the establishment of definite area. contamination as an impurity and the viticultural areas. These regulations also Petition for North Coast. In September methodology used in calculating the risk allow the name of an approved of 1979, the California North Coast in response to objections by the viticultural area to be used as an Grape Growers Association (CNCGGA) National Resources Defense Council, appellation of origin on wine labels and petitioned ATF to establish a North Inc. The July 27, 1983 notice also in wine advertisements. Section 9.11, Coast viticultural area comprising the provided a 30-day period for interested Title 27, CFR, defines an American entire counties of Napa, Sonoma, and 42974 Federal Register / Vol. 48, No. 184 / Wednesday, September 21, 1983 / Rules and Regulations

Mendocino. This petition was made individual consumers favoring Lake included these same districts. The Wine under 27 CFR 4.25a(e) to establish a County and additional petitions, bearing Institute also prepared production distinctive grape-growing or viticultural 401 signatures, which favored the statistics for the wine industry. These area. inclusion of one or both counties in the statistics published in the Wine Press Notice Number 360. ATF proposed a North Coast. magazine showed "Mendocino, Napa North Coast viticultural area composed Five individual responses, all filed by and Sonoma" as one of the five of these three counties in Notice No. 360 or on behalf of the California North reporting districts. IPinally, Heintz cited issued December 15, 1980, [45 FR 82275]. Coast Grape Growers Association the 1975 New York Times Book of Wine In that notice ATF stated we would favored restricting North Coast to Napa, as expressly restricting North Coast to consider comments concerning possible Sonoma, and Mendocino Counties. Napa Sonoma and Mendocino Counties. alternative boundaries, and comments Herbert M. Rowland, Jr. of Ignatio, The California North Coast Grape concerning viticultural and geographical California, submitted a comment Growers Association also pointed to characteristics distinguishing the proposing the inclusion of Marin County their own incorporation in 1964, as an viticultural area from surrounding areas. in the North Coast viticultural area; two association of grape growers located in Only 11 written comments were other respondents supported including the three-county area, and to their received in response to Notice No. 360; Marin County. registered trademark "North Coast" as however, 35 persons testified during a Based on all available evidence, ATF further evidence that North Coast refers public hearing on January 12, 1981, in is issuing this final rule adopting the. only to Napa, Sonoma, and Mendocino Santa Rosa, California. During this North Coast viticultural area as Counties. CNCGGA noted that in 1974, hearing, representatives of the including portions of Napa, Sonoma, ATF recognized the term "North Coast" CNCGGA testified in favor of a North Mendocino, Lake, Solano, and Marin to mean the counties of Napa, Sonoma, Coast viticultural area restricted to Counties. Following is a summary of the and Mendocino. Today some wineries in. Napa, Sonoma, and Mendocino evidence concerning the North Coast California use North Coast as an Counties. Representatives of grape viticultural area. appellation of origin on labels for wine growers in Lake and Solano Counties made with grapes grown in these three presented testimony seeking the Name inclusion of the western grape-growing William F. Heintz, a wine historian counties. areas of those counties testifying on behalf of the CNCGGA, Charles L. Sullivan, a historian, in the North testified on behalf of the Lake County Coast viticultural area. Finally, some presented evidence of the use of the grape growers from Napa County term North Coast in describing a region Wine Producers. He prdsented evidence expressed concern over approval of a in California. He testified that "Northern that Lake County was grouped with North Coast viticultural area because Coast Range" was first used in 1884 in a Mendocino County as a wine producing the [then] proposed Napa Valley University of California bulletin region in the 1880s, and was later also viticultural area had not received final describing soil analyses from Napa, grouped with Napa and Sonoma approval. On the basis of all written Solano and Yolo Counties. In 1888, John Counties. However, he stated that North comments and oral testimony, ATF Muir's book Picturesque California Coast was a term not used before issued a second notice of proposed contained a chapter entitled "The Prohibition, and only began to be used rulemaking amending the boundaries of Foothill Range of the Northern Coast following Repeal. He cited Horatio Stoll, the North Coast viticultural area. Range: Sonoma, Napa and Solano the founder and original publisher of Notice Number 404. This notice issued Counties." Heintz also cited a book Wines & Vines as listing the northern January 11, 1982, [47 FR 1151], proposed written-by Charles Aiken in 1903 counties of the Coast Region as Marin, the inclusion of the western portion of entitled California Today. In his book Napa, Sonoma, Lake, Mendocino, Lake County and the Green Valley and Aiken defines the phrase "North Coast" Solano, Humboldt and Trinity. In 1931 in Suisun Valley portions of Solano County to mean the counties lying adjacent to The Grape Districts of California, Stoll in the North Coast viticultural area. the waters of the San Francisco Bay and described the Coast Region as being one Additionally the eastern portion of Napa to the border of Oregon. Chapter V, The of "valleys between the coast ranges County was excluded since its climate North Coast Counties, contains a running parallel to the Pacific Ocean was significantly hotter than the description of the counties of Napa, shore and the lower slopes of these western portion of the county. The Sonoma, Lake, Mendocino, Humboldt, ranges * *" Sullivan also cited northern portion of Mendocino County Del Norte, Trinity, and Marin. numerous published works and was deleted since there was no Heintz's testimony then centered on statistical data, which since 1934 have evidence of current grape growing. defining North Coast as a grape-growing included Lake County with other North ATF received 418 written comments in region. He noted that grape production Coast counties. response to Notice No. 404. Four in Lake, Solano and Marin Counties Wine growers from both Lake and hundred and ten respondent favored sharply declined after 1930, and that by Solano Counties noted that the vast adoption of the North Coast viticultural 1950 only Napa, Sonoma and Mendocino majority of their grapes are shipped to area as including the wine growing Counties were major wine producing wineries in Napa, Sonoma, or portions of Lake and/or western Solano counties of the North Coast. These three Mendocino Counties for crushing and Counties. These respondents included 55 counties produced 98% of all wine were considered the same as other grape growers in Lake and Solano grapes produced in the North Coast in North Coast grapes. They further stated Counties, four wineries located in Lake 1969, and over 95% of the grapes in 1976. that the term North Coast as an and Solano Counties, one grape grower Heintz also pointed out how the concept appellation of origin on wine is of recent association in each county, the Lake of a North Coast winegrowing district origin dating back only to 1967, and that County and Solano County Boards of evolved from the Wine & Vines some Solano and Lake County grapes Supervisors, the Napa Valley Grape yearbook in 1940 which pictured a map were labeled as North Coast wines prior Growers Association, 11 wineries showing seven viticultural districts in to ATF's letter to the CNCGGA in 1974. located in Napa, Sonoma and California including Napa-Solano, and Conclusion. ATF finds the evidence Mendocino Counties, three wineries Sonoma-Mendocino. The Wine shows that the viticultural area is located elsewhere in California, 325 Institute's Story of Wine booklet known by the name "North Coast" and Federal Register / Vol. 48, No. 184 / Wednesday, September 21, 1983 / Rules and Regulations 42975 therefore meets the criteria of 27 CFR through III on the scale developed by inches at 3 stations, and to Sonoma 4.25afe)2)(i). AFT finds that Marin, Winkler and Amerine of the University County which averages 34.7 inches at 5 Sonoma, Napa, Solano, Mendocino and of California to measure degree days stations. Lake County grape-growers Lake Counties are known as North above 500 Fahreheit for the months of also pointed out that western Lake Coast. April through October. They stated, County is characterized by bottom land ATF rejects the CNCGGA argument however, that the lowest degree day and tillable hills surrounded by that North Coast refers exclusively to reading for Lake County places it in mountain ranges, similar to other North Napa, Sonoma and Mendocino Counties Region III and that Solano County is a Coast counties, while eastern Lake because of prior ATF approval of the Region IV area. Finally, CNCGGA County consists of rugged mountains, term. In 1974 ATF approved "North commented on the isolation of Lake similar to the northern portion of Coast" and "North Coast Counties" as a County and its rough terrain. Mendocino County. "place" or "region" under § 4.25. This Grape-growers from western Solano Herbert M9 Rowland, Jr. of Ignatio, approval recognized North Coast as a County testified that the Green Valley California, filed written comments multicounty designation, but in no way and Suisun Valley areas of the county requesting the inclusion of Marin County implied this was a viticultural area. In enjoy a similar climate as adjoining in the North Coast viticultural area. He 1975, ATF further clarified its position Napa County and should be included in presented evidence showing that Marin on North Coast by stating that it would the North Coast viticultural area. County is influenced by coastal air and be descriptive of Napa, Sonoma or Evidence given was that Suisun Valley fog and he noted that redwood trees Mendocino wines only until the terms is Region III, averaging in the county. Rainfall and heat "appellation of origin" and "viticultural 3368 degree days grow over a 14-year period, and that Green summation data are also similar to other area" were defined in regulations. T.D. Valley is only slightly warmer, North Coast counties. Three stations ATF-53 defined those terms, and drew a averaging 3591 degree days, making it a show an average of 2757 degree days, clear distinction between appellations of low Region IV. Both valleys receive a making Marin County a mid Region II origin which are viticultural (grape- prevailing west wind which cool them; area. Finally, Marin County has growing) areas, and those which are in addition they receive fog. topography similar to other North Coast based on political boundaries such as Geographically, Suisun Valley and counties. county or multi-county areas. This Green Valley are flat valleys lying Treasury decision did not grandfather Although most of Marin County has a within the coastal mountain ranges. climate to the North Coast, existing approvals of appellations of similar While growers presented origin under § 4.25 for "places" or evidence that evidence presented shows that Point "region," and its preamble states that all Green Valley and Suisun Valley have a Reyes, on the Pacific Coast, is viticultural areas will be established climate similar to other North Coast significantly cooler than the rest of the areas, they testified that pursuant to the Administrative the remainder county. of Procedure Act (5 U.S.C. 553(e)). Solano County is very hot and similar Topography.The Coast Region has Therefore, ATF rejects the argument to the Central Valley. Vacaville with been characterized as "valleys between that recognition of North Coast in 1974 3780 degree days is a Region IV area the coast ranges running parallel to the as a multi-county appellation qualifies similar to other interior regions, such as Pacific Ocean shore and the lower that appellation as a viticultural area Sacramento with 3830 degree days. slopes of these ranges * * * it is under § 4.25a(e). Grape-growers from Lake County exceptionally suited for the growing of presented evidence that the western wine grapes of the highest quality." The Geographical Features portion of the county is unlike the majority of Sonoma, Napa, Marin, Climate. Climate is the major factor in Central Valley, but enjoys a climate like Mendocino, and western Lake County, distinguishing the North Coast nearby Mendocino County. While 'as well as the Green Valley and Suisun viticultural area from surrounding areas. confirming that Lake County does not Valley areas of Solano County meet this In their testimony and written receive coastal fog, evidence was definition, being composed of flat comments, the California North Coast presented that coastal air flows through valleys or tillable hillsides surrounded Grape Growers Association stated that gaps in the mountains and across Clear byEastern higher mountains of the coast range. the North Coast is influenced by Lake, cooling the area surrounding the Lake County is extremely intrusions of cooler, damper marine air Lake; this coastal air'does not penetrate mountainous and consists of rugged and fog. They also stated that this the high mountains to the east of Clear terrain which is heavily forested. In maritime influence ends at the eastern Lake. Thus, western Lake County is addition, most of eastern and northern boundaries of Napa and Mendocino influenced by the ocean, and enjoys Lake County is National Forest, and Counties, and does not influence any Region II and IIIclimates, with Upper unavailable for cultivation. Similarly, portion of Lake or Solano Counties. Lake at 2987 degree days, and northern Mendocino County consists of Additionally, they noted that Lake and Kelseyville with 3367 degree days. heavily forested, rugged mountains, and Solano Counties receive less rainfall Middletown, also in western Lake again, a portion of the county is than Napa, Sonoma and Mendocino County, is slightly warmer in Region IV composed of National Forest. The Counties with an average of 28.6 inches with 3742 degree days. To the east of the topography of these areas of Lake and at 3 stations versus 36.2 inches at 6 mountain ranges west of Clear Lake, the Mendocino Counties does not resemble stations in Napa, Sonoma and climate is characterized as Region IV other areas in the North Coast. Mendocino. CNCGGA also stated that and warmer, similar to the Central Solano County east of the Vaca coastal fog does not extend into Lake Valley. Mountains is flat, open land which does County, and that the absence of cooler ATF has received evidence that not resemble other areas in the North marine air causes Lake ana Solano rainfall in western Lake County Coast. Counties to be without natural stands of averages 38.9 inches at 5 stations, Conclusion. ATF has concluded that redwood trees. CNCGGA further noted ranging from 28.9 inches at Clearlake the North Coast viticultural area that Napa, Sonoma and Mendocino Highlands to 62.2 inches at Middletown. encompasses portions of Marin, Counties experience heat summation This rainfall is similar to that of Sonoma, Napa, Solano, Mendocino, and readings placing them in Regions I Mendocino County, which averages 39.7 Lake Counties. Due to the enormous size 42976 Federal Register / Vol. 48, No. 184 / Wednesday, September 21, 1983 / Rules and Regulati6ns

of the North-Coast, variations exist in peak), and to the confluence of San Coast viticultural area includes portions climatic features such as temperature, Rafael Creek with San Rafael Bay. of all six counties. rainfall, and fog intrusion. In general, The boundary in Solano County has Overlapping Viticultural Areas ATF finds that the climate is been simplified by using the Southern characterized as influenced by Pacific Railroad right of way through The approved North Coast viticultural intrusions of cooler, damper coastal Jameson Canyon east to Suisun City as area contains over 4700 square miles, marine air and fog, by temperatures the southern boundary, and by using a slightly more than three million acres. which are cooler than the Central straight line from the Southern Pacific Within the boundaries of the North Valley, and by greater rainfall than Railroad junction in Suisun City to the Coast viticultural area are ten approved surrounding areas. southeastern corner of Napa County as viticultural areas; Napa Valley, Guenoc The North Coast viticultural area is the eastern boundary. This change Valley, Sonoma Valley, McDowell generally characterized as having greatly simplifies the boundary and Valley, Suisun Valley, Green Valley of climatic Regions I-II, while the Central eliminates the need for three U.S.G.S. Solano, Cole Ranch, Dry Creek Valley, Valley is much hotter; Davis (Yolo) maps, but does not alter the viticultural Los Carneros, and Anderson Valley; and experiences 3780 degree days; Vacaville area as proposed. eight proposed viticultural areas; Green (eastern Solano) 3780 days; Sacramento The final boundary change includes a Valley of Sonoma, Chalk Hill, (Sacramento) 3830 days; Woodland portion of the Eel River Valley in Alexander Valley, Russian River Valley, (Yolo) 4210 days; and Red Bluff Mendocino Cofinty within the Knights Valley, Potter Valley, Northern (Tehama) 4930 degree days. viticultural area. From Pine Mountain Sonoma, and Howell Mountain. ATF has Rainfall also sets the North Coast (elevation 4057 feet) in western Lake received petitions for other viticultural apart from surrounding areas. Within County, the boundary proceeds in a areas to be included within the North the North Coast, rainfall varies widely straight line to the peak of Sanhedrin Coast. from 24.8 inches at Napa State Hospital Mountain, to the peak of Brushy Alth6ugh the North Coast viticultural to 62.2 inches in Middletown. However, Mountain, to the confluence of Redwood area is large, ATF finds this area rainfall for all areas within the North Creek and the Noyo River, and then satisfies the criteria established in 27 Coast viticultural area exceeds the following the river to the Pacific Ocean. CFR 4.25a(e) for approval of a average of 21 inches in the Central This change is being made to include a viticultural area. This section places no Valley. portion of the Eel River Valley in the limit on the size of a viticultural area. All of the areas within the North viticultural area, since the topography of Moreover, approval of this viticultural Coast viticultural area receive marine this portion of the Eel River Valley is air and most receive fog. Western Lake area does not preclude approval of similar to other areas within the North additional areas, either wholly County, although not receiving fog, Coast viticultural area. contained with the North Coast, or receives cooler marine air through gaps Exact boundaries of the North Coast. in the mountains. This cooler marine air viticultural area are specified in the partially overlapping the North Coast, and fog does not penetrate inland to the regulatory language set forth in § 9.30. when the individual viticultural areas Central Valley. satisfy the criteria of name, historic or Finally, topography throughout the Trademark Issue current evidence concerning the North Coast viticultural area is In 1976, the California North Coast boundaries, and evidence relating to characterized as flat valleys and tillable Grape Growers Association obtained geographical features and climate. It is hillside surrounded by mountains. Areas registration of a certification mark on ATF's experience that smaller outside the viticultural area consist of the Principal Register of the U.S. Patent viticultural areas tend to be more either extremely rugged mountains, such Office. The mark consists of a seal uniform in their geographical and as eastern Lake County and northern depicting a wooded hillside and the climatic characteristics, while very large Mendocino County, or are flat, open legends "NAPA SONOMA- areas such as the North Coast tend to land, such as eastern Solano County and MENDOCINO" and "NORTH COAST." exhibit generally similar characteristics, the area to the east of the coast The certificate of registration states, in this case the influence of maritime air mountain ranges. To the south, the San "The mark certifies that the wines off of the Pacific Ocean and San Pablo Francisco Bay and San Pablo Bay represented by the mark in question are Bay. separate the North Coast viticultural made from 100% North Coast grapes." Viticultural Significance area from adjacent land masses. CNCGGA claims that use of the "North Coast" appellation by wineries using The North Coast viticultural area is Boundaries grapes originating from outside of Napa, currently planted [1980] in over 68,000 The boundaries of the North Coast Sonoma, and Mendocino Counties will acres of wine grapes. Primary varieties viticultural area are adopted constitute infringement of the mark include Cabernet Sauvignon, substantially as proposed in Notice No. under the Lanham Act, 15 U.S.C. Chardonnay, French Colombard, 404 with three changes. Chapter 22. Zinfandel, Pinot Noir, Johannisburg The eastern portion of Marin County In the event a direct conflict arises Riesling, and Sauvignon Blanc, but other has been included; however, the cooler between some or all of the rights varieties are also grown. There are in area adjacent to the Pacific Ocean has granted by a registered certification excess of 200 bonded wineries within not been included because of evidence mark under the Lanham Act and the the North Coast viticultural area. right to use the name of a viticultural showing it experiences a significantly Regulatory Flexibility Act cooler climate. The area within Marin area established under the FAA Act, it County included in the North Coast is the position of ATF that the rights The notice of proposed rulemaking viticultural area includes the area east applicable to the viticultural area should which resulted in this final rule of a line drawn from the intersection of control. Since the evidence shows that contained a certification under the Americano Creek with State Highway 1 portions of Napa, Sonoma, Mendocino, provisions of section 3 of the Regulatory on the Sonoma-Marin County boundary, Solano, Lake, and Marin Counties meet Flexibility Act (5 U.S.C. 605(b)), that if to the peak of Barnabe Mountain, to the the requirements for a viticultural area promulgated as a final rule, it would not peak of Mount Tamalpais (western as set forth in 27 CFR 4.25a(e), the North have a significant impact on a Federal Register / Vol. ,48, NO." 184' / Wednesday, 'Se~temiber 21, 1983 1 1 ules And "eulaions_i4iif77 Federal Re2ister I Vol. .48, No.~ 184~ I Wednesday, Sei3temb6r 21, 1983 / ~ules ~nd I~e~u1atiohs~ 42977 substantial number of small entities. § 9.30 North Coast. (12) Then northwest following Putah Therefore. the requirement contained in (a) Name. The name of the viticultural Creek to the boundary between Napa the Regulatory Flexibility Act (5 U.S.C. area described in this section is "North and Lake Counties; 603, 604) for a final regulatory flexibility Coast." (13) Then northwest in a straight line analysis does not apply to this final rule. (b) Approved maps. The appropriate for approximately 11.4 miles to the peak maps for determining the boundaries of of Brushy Sky High Mountain (elevation Compliance With Executive Order 12291 the North Coast viticultural area are 3196 feet); It has been determined that this final three U.S.G.S. maps. They are entitled: (14) Then northwest in a straight line regulation is not a "major rule" within (1) "San Francisco, Cal.", scaled for approximately 5.0 miles to Bally the meaning of Executive Order 12291 of 1:250,000, edition of 1956, revised 1980; Peak (elevation 2288 feet); (15) Then northwest in a straight line February 17, 1981, because it will not (2) "Santa Rosa, Cal.", scaled miles to the peak have an annual effect on the economy of 1:250,000, edition of 1958, revised 1970; for approximately 6.6 of Round Mountain; $100 million or more; it will not result in and (16) Then northwest in a straight line a major increase in costs or prices for "Ukiah, Cal.", scaled 1:250,000, (3) for approximately 5.5 miles to Evans consumers, individual industries, edition of 1957, revised 1971. Peak; local government Federal, State, or (c) Boundaries.The North Coast (17) Then northwest in a straight line agencies, or geographic regions; and it viticultural area is located in Lake, for approximately 5.0 miles to Pinnacle will not have significant adverse effects Marin, Mendocino, Napa, Solano, and Rock Lookout; on competition, employment, Sonoma Counties, California. The (18) Then northwest in a straight line investment, productivity, innovation, or beginning point is found on the "Santa for approximately 8.0 miles to Youngs States-based on the ability of United Rosa, California" U.S.G.S. map at the Peak (elevation 3683 feet)- enterprises to compete with foreign- point where the Sonoma and Marin (19) Then northwest in a straight line based enterprises in domestic or export County boundary joins the Pacific for approximatrly 11.2 miles to the peak markets. Ocean. of Pine Mountain (elevation 4057 feet); (1) Then east and southeast following (20) Then northwest in a straight line List of Subjects in 27 CFR Part 9 Marin the boundary between and for approximately 12.1 miles to the peak Administrative practices and Sonoma Counties to the point where of Sanhedrin Mountain (elevation 6175 procedures, Consumer protection, Estero Americano/Americano Creek feet); Viticultural areas, and Wine. crosses State Highway 1 east of Valley (21) Then northwest in a straight line Ford; Paperwork Reduction Act for approximately 9.4 miles to the peak (2) Then southeast in a straight line of Brushy Mountain (elevation 4864 The provisions of the Paperwork for approximately 22.0 miles to the peak feet); Reduction Act of 1980, Pub. L. 96-511, 44 of Barnabe Mountain (elevation 1466 (22) Then southwest in a straight line U.S.C. Chapter 35, and its implementing feet); for approximately 17.6 miles to the regulations, 5 CFR Part 1320, do not (3) Then southeast in a straight line confluence of Redwood Creek and the apply to this final rule because no for approximately 10.0 miles to the peak Noyo River; requirement to collect information is of.Mount Tamalpais (western peak, (23) Then west following the Noyo imposed. elevation 2604 feet); River to its mouth at the Pacific Ocean; (4) Then northeast in a straight line for (24) Then southeast following the Drafting Information approximately 5.8 miles to the Pacific Ocean shoreline to the point of The principal author of this final rule confluence of San Rafael Creek and San beginning. is Charles N. Bacon, FAA, Wine and Rafael Bay in San Rafael; Beer Branch, Bureau of Alcohol, (5) Then north and northeast following Signed: August 5, 1983. Tobacco and Firearms. San Rafael Bay and San Pablo Bay to Stephen E. Higgins, Sonoma Creek; Director. Authority and Issuance (6) Then north following Sonoma Approved: September 6, 1983. Creek to the boundary between Napa Accordingly, under the authority David Q. Bates, 205, the Director and Solano Counties; contained in 27 U.S.C. Deputy Assistant Secretary(Operations). is amending 27 CFR Part 9 as follows: (7) Then east and north following the boundary between Napa and Solano [FR Dc. 83-25730 Filed 9-20-83. 8:45 am) PART 9-AMERICAN VITICULTURAL Counties to the right-of-way of the BILLING CODE 4810-M-31 AREAS Southern Pacific Railroad in Jameson Canyon; Paragraph 1. The table of sections in (8) Then east following the right-of- 27 CFR Part 9 is amended to add § 9.30. way of the Southern Pacific Railroad to POSTAL SERVICE As amended, the table of sections reads the junction with the Southern Pacific in 39 CFR Part 111 as follows: Suisun City; (9) Then north in a straight line for approximately 5.5 miles to the extreme Mail Forwarding Period for First-Class C-Approved American Viticultural Subpart southeastern corner of Napa County; and Express Mail Areas (10) Then north following the AGENCY: Postal Service. boundary between Napa and Solano ACTION: Final rule. 9.30 North Coast. Counties to the Monticello Dam at the eastern end of Lake Berryessa; SUMMARY: The purposes of the final rule Paragraph 2. Subpart C is amended by (11) Then following the south and are to: (1) Provide an eighteen month adding § 9.30. As amended, § 9.30 reads west shore of Lake Berryessa to Putah retention period for change of address as follows: Creek: information; (2) temporarily extend the