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