8142 Federal Register / Vol. 50, No. 40 / Thursday, February 28, 1985 /- Proposed Rules 8142 By the direction of the Commission. ADDRESS: Send written comments to: Petition Sousa dissented. Commissioner Chief, FAA, Wine and Beer Branch, In December 1982, ATF received the Kenneth F. Plumb, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 385 (Ref: Notice No. petition submitted by Mr. Webster and Secretary. Mr. Ziem for the" establishment of a 559) Washington, DC 20044-0385. viticultural area in Washington County, PART 2-GENERAL POLICY AND Copies of the petition, of the proposed INTERPRETATIONS regulations, of the appropriate maps, Maryland, to be known as "Cumberland and of the written comments are Valley, Maryland." ATF's initial 1. The authority citation for Part 2 is available for public inspection during examination of the U.S.G.S. maps and added to read as follows: normal business hours at: ATF Reading the Washington County, Maryland, soil Authority: Department of Energy Room, New Post Office Building, Room survey submitted with the petition Organization Act. 42 U.S.C. 7101-7352 (1982); 4407, 1200 Pennsylvania Avenue NW., indicated that'the area for which the Executive order 12,009, 3 CFR 142 (1978); Washington, DC. petition was submitted is more Administrative Procedure Act, 5 U.S.C. 551- commonly known as the Hagerstown 557 (1982); Independent Offices FOR FURTHER INFORMATION CONTACT: Michael 1.Breen, Coordinator, FAA, Valley, a portion of the larger Appropriations Act, 31 U.S.C. 9701 (1982); Cumberland Valley which extends north Natural Gas Act, 15 U.S.C. 717-717z (1982); Wine and Beer Branch, Room 6237, Bureau of Alcohol, Tobacco and above the Mason-Dixon Line, the Federal Power Act, 18 U.S.C. 791a-828c the (1982); Natural Gas Policy Act, 15 U.S.C. Firearms, Washington, DC 20226, geopolitical boundary between 3301-3432 (1982); Public Utility Regulatory Telephone: (202) 566-7626. States of Maryland and Pennsylvania. In ,light of this determination, the Policies Act, 16 U.S.C. 2601-2645 (1982); SUPPLEMENTARY INFORMATION: Interstate Commerce Act, 49 U.S.C. 1-27 petitioners agreed to amend the petition (1976), unless otherwise noted. Background to include the portions of the Cumberland Valley which are located in 1 2.67a [Removed] On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR 37672, Franklin and Cumberland counties in 2. Section 2.67a is removed. 54624) revising regulations in Title 27, -Pennsylvania and to petition for the [FR Doc. 85-4842 Filed 2-27-85; 8:45 am] Code of Federal Regulations, Part 4. name "Cumberland Valley." BILLING CODE 6717-01-M These regulations allow the The Cumberland Valley is an 80-mile establishment of definite American long valley which bends in a viticultural areas. The regulations also northeasterly direction from the DEPARTMENT OF THE TREASURY allow the name of an approved Potomac River in Washington County, viticultural area to be used as an Maryland, to the Susquehanna River in Bureau of Alcohol, Tobacco and appellation of origin in the labeling and Cumberland County, Pennsylvania. The Firearms advertising of wine. On October 2, 1979, valley is bordered on the southeast by 27 CFR Part 9 ATF published Treasury Decision ATF- South Mountain, which is the 60 (44 FR 56692] which added to Title 27 northernmost extension of the Blue [Notice No. 559] a new Part 9 providing for the listing of Ridge Mountains, and on the northwest approved American viticultural areas. by the Allegheny Mountain complex. Proposed Establishment of Section 4.25a(e)(1) defines an The principal streams that drain the Cumberland Valley Viticultural Area American viticultural area as a valley are Conococheague Creek and delimited grape growing region Antietam Creek, tributaries of the AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury. distinguishable by geographical Potomac River, and Conodoguinet Creek features. Section 4.25a(e)(2), outlines the and Yellow Breeches Creek, tributaries ACTION: Notice of proposed rulemaking. procedure for proposing an American of the Susquehanna River. The land viticultural area. Any interested person SUMMARY: The Bureau of Alcohol, drained by these streams shares similar Tobacco and Firearms proposes to may petition ATF to establish a grape- geological history, topographical growing region as a viticultural area. establish in portions of the States of features, soils, and climatic conditions. Maryland and Pennsylvania an The petition shall include- The boundary of the proposed known (a) Evidence that the name of the viticultural area encompasses American viticultural area to be viticultural area is locally by the appellation "Cumberland proposed approximately 1,200 sequare miles of proposal is based on a and/or nationally known as referring to 765,000 acres. The petitioners state that Valley." This the area specified in the petition; petition filed jointly by Charles M. within the Cumberland Valley there are (b) Historical or current evidence that approximately 60 acres devoted to the Webster, a grower of wine grapes in the boundaries of the viticultural area Sharpsburg, Maryland, and Robert W. cultivation of wine grapes and there are are as specified in the petition; three bonded wineries. Due to the Ziem, the proprietor of a vineyard and relating to the (c) Evidence effects of soil, drainage, rainfall, frost bonded winery in Downsville, (climate, geographical characteristics and winter kill, the areas of this valley Maryland. soil, elevation, physical features, etc.) which are devoted to viticulture consist The use of the name of an approved which distinguish features of the primarily of high terraces along the viticultural area as an appellation of proposed area from surrounding areas; north bank of the Potomac River, hills origin in the labeling and advertising of (d) A description of the specific of the valley, and wine allows the.proprietor of a winery boundary of the proposed viticultural and ridges in the basin to designate the area as the locale in area, based on features which can be upland areas along the slopes of South which grapes used in the production of a found on United States Geological Mountain. wine are grown and enables the Survey (U.S.G.S.) maps of the largest Name consumer to identify and to differentiate applicable scale; and, between that wine and other wines (e) A copy (or copies) of the The petitioners state that the offered at retail. appropriate U.S.G.S. map(s) with the proposed viticultural area is known DATE: Written comments must be proposed boundary prominently locally and nationally by the name received by April 29, 1985. marked. "Cumberland Valley" and that the use Federal Register / Vol. 50, No. 40 / Thursday, February 28, 1985 / Proposed Rules 8143 of this name is well documented. The higher due to the slopes of the and highly productive with a high name was given to the valley in 1736 by mountains. The ridges and peaks of moisture holding capacity whereas the the earliest settlers who came from these xn-zantains range from 1000 feet to mountaias which border the Cumberland County, England. In 1751 2100 feet above sea level. The areas of Cumberland Valley to the west, north the name was formally adopted when h.ghet' elevatioa range from 700 feet to and south, have soils generally of the northeast part of the valley was 1600 feet above the valley floor and associations which are not a productive, named Cumberland County and the City include South Mountain (2145 feet) to deep, or well drained and which are of Carlisle CPA] was named for its the south and east of the valley floor, acidic. counterpart in Cumberland County, the Bear Pond Mountains (2062 feet), The General Soil Map of England. Today, numerous references to Cove Mountain (1582 feet), and Pennsylvania, prepared by the the name of the valley are made in Kittatinny Mountain (2056 feet) to the Pennsylvania State University in industrial, business and organizational west and Blue Mountain to the north collaboration with the Soil Conservation names. (2000 feet). Most of the land above 1,000 Service of the U.S. Department of feet in elevation is stoney and Agriculture, and General Soil Map of Geography unsuitable for agriculture, and Maryland, prepared by the University of The proposed Cumberland Valley consequently, remains forested. Maryland in collaboration with the Soil viticultural area consists of a large Geology Conservation Service of the U.S. elongated intermountain valley and the Department of Agriculture, show that immediately surrounding upland areas. The Cumberland Valley is an example the soils suitable for agriculture in the Mountains of the Allegheny Mountain of a mountain landscape that has been valley can, in fact, be used to delineate complex form the western and northern formed by erosion during a long interval the basin of the valley from the portions of the boundary of the of geologic time and that has reached a surrounding highlands. proposed viticultural area and South condition of dynamic equilibrium in Data from the soil surveys for Mountain, the northernmost extension which the adjustment between the Washington County in Maryland and of the Blue Ridge Mountain complex, landforms and the rocks beneath is the counties of Franklin and forms the southern and eastern portions nearly complete. Cumberland in Pennsylvania strongly of the boundary. The southwestern and The Cumberland Valley is a segment support carrying the Cumberland Valley northeastern portions of the boundary of the Great (Limestone) Valley, a long appellation all the way from the are, respectively, the northeast bank of and fertile lowland trough, underlain by Potomac River to the Susquehanna the Potomac River in Maryland and the Cambrian and Ordovician limestone River. southwest bank of the Susquehanna and shale, that extends along the axis of The major soil association found in River in Pennsylvania. The valley is the Appalachian Highlands from the the three counties which make up the approximately 80 miles long from river State of Alabama north into Canada. It Cumberland Valley and Berks, to river. Its width is approximately 20 is geologically well defined by South Hagerstown and Murrill and are miles along the Potomac River (MD), Mountain to the south and east and by distributed within the total land area of approximately 24 miles at the the Allegheny Mountains to the west each county as follows: Mercersburg-Waynesboro (PA) corridor, and north. The segment of the Great approximately 12 miles near Valley lying to the northeast of the Soil associations on acres) Cumberland Valley is known as the Name of Total acres Shippensburg (PA), and narrows to county Bek Hagera- Murrilt approximately 8 miles at Harrisburg Lebanon Valley and the segment lying town (PA) along the Susquehanna River. to the southwest is known as the Shenandoah Valley. Washmg- Distinguishing Characteristics ton (MD).. 15,000 136.000 19,000 295,680 Soil Characteristics Franklin The petitioners claim that the (PA) 15,000 154,000 43.500 482.680 The topography and soils of the cumber- proposed viticultural area is land distinguished geographically from Cumberland Valley result from the (PA) 61,000 58.000 12.700 335,000 of the area. The valley is a surrounding areas by its topography, geology Totals.. 226,000 348,000 75.200 1.113,360 geology and soils, and to a lesser extent limestone bed that has been weathered by climatological characteristics. to a gently rolling plain. The valley lies at approximately 600 feet above sea Washington County, Maryland.Soils Topography level between low mountains that rise to of the Waynesboro association are The topography of the basin of the an elevation of about 2,000 feet above found almost entirely on the high Cumberland Valley is nearly level. The sea level and belong to the easternmost terraces along the Potomac Riyer. The basin of the valley is a gently rolling fringes of the Appalachian Mountains. Waynesboro soils consist of very old, plain which at its western edge along The mountains to the west, north and acid alluvium, mostly gravelly, which the Potomac River is approximately 300 south of the valley are formed of has been eroded from highland areas feet above sea level and which over a sedimentary, metamorphic sedimentary, and deposited in rather thick beds distance of approximately 80 miles and igneous rocks while the valley is above the Potomac River. These soils gradually ascends to an average composed almost entirely of limestone. are well-drained, deep and medium- elevation of 600 feet above sea level and The soils found in the Cumberland textured, but require liming in order to then descends to an altitude of 300 feet Valley are typical of those derived from be productive for grapegrowing. above sea level along the Susquehanna limestone. The Shenandoah and Soils of the Berks association have River. The valley floor has some areas Lebanon valleys, respectively to the differences in capability depending upon of higher elevation, i.e., lowlying hills southwest and northeast, are contiguous underlying rock formations which can and ridges. segments of the Great (Limestone) be either limestone (alkaline) or other While the elevation of the arable land Valley and bear soil characteristics than limestone (acidic). Berks soils averages 600 feet above sea level, the similar to those of the Cumberland require periodic liming in order to be portions of the boundary to the Valley. The soils in these valleys are productive. Berks soils found on slopes northwest, north and southeast are deep, well drained, generally alkaline, hold less moisture than Berks soils 8144 Federal Register / Vol. 50, No. 40 / Thursday, February 28, 1985 / Proposed Rules found along the beds of creeks which found in the falleys where crops are and at least partly replenish its moisture drain the basin of the valley. However, planted. supply over the valley. Orographic uplift the Berks soil along creek beds is not CumberlandCounty, Pennsylvania. along the windward side of South used for the cultivation of fruit. Although the soils in Cumberland Mountain, which forms the eastern Soils of the Murrill association are County have been surveyed, the report portion of the border of the proposed underlain by limestone and are " of the survey is presently being drafted viticultural area, results in increased influenced by limestone materials. and will not be published for at least cloudiness and the greatest precipitation These soils are used generally for another year. Mr. Charles Pannebaker of along this eastern ridge. Annual farming with emphasis on dairying and the Soil Conservation Service in temperatures generally average near 53 other livestock enterprises. There are Carlisle, Pennsylvania, furnished field F over the Cumberland Valley but at orchards and vineyards on the data and a preliminary map which higher elevations along the western and somewhat higher intermediate slopes shows continuation into Cumberland eastern borders they average two to where air drainage is better. These soils County of the major soil types found in three degrees colder. Precipitation also occur on the lowest western slopes of Washington and Franklin counties. The follows topographical features; the South Mountain, from the Pennsylvania Hagerstown type soil (limestone) annual average is 40 inches in the line southward almost to Rohrersville, continues all the way to the floodplain western mountain and valley region and Maryland. These soils are also on the of the Susquehanna River and the approximately 45 inches in the South lowest western slopes of Elk Ridge from Murrill colluvial fans (sandstone over Mountain region. The Lower totals along to the limestone) continue along the slopes of the western border are due to the drying near Porterstown southward South Mountain. Potomac River; in a small isolated area of the air mass over the mountains just north ci Antietam; and in a large ClimatologicalCharacteristics farther west and the lack of a moisture area on the lowest eastern slopes of source. With eceptions of the Shenandoah Average temperature and Fairview Mountain, from the Valley and the Lebanon Valley, which Pennsylvania line southward beyond precipitation are relatively consistent Ile respectively to the southwest and throughout the valley. In addition to the Clear Spring and southeastward to the northeast and which have similar Potomac in the vicinity of Two Locks. data obtained by the petitioners from climatological characteristics, climate is weather stations within and outside the Soils of the Hagerstown-Duffield- a feature which differentiates the Frankstown association occupy most of proposed boundary of the petitioned Cumberland Valley from other area, ATF has found evidence presented the main basis of the Great (Limestone) surrounding areas. Because of the Valley that crosses Washington County in the notices and Treasury decisions for location of the Allegheny Mountain the Catoctin, Lancaster Valley, and between South Mountain and Fairview complex to the west and north and the Mountain. These are the dominant soils Shenandoah Valley viticultural areas Blue Ridge Mountain complex to the that documents the climatological which make up more than 90 percent of south, as well as the movement of warm, soils in the valley in Washington County differences between the Cumberland moist air northward from the Gulf of Valley and surrounding areas. and are the most important in its Mexico within the basin of the Great agricultural economy which lies chiefly (Limestone) Valley, the climate, The climate of the Catoctin in corn, small grains, hay crops, including average temperature and viticultural area (see Notice No. 455 and dairying, breeding of livestock, and fruit precipitation, is relatively uniform T.D. ATF-154) which lies to the south of crops. throughout the Cumberland Valley. the Cumberland Valley has an average Franklin County, Pennsylvania. Like The valley lies in an area of prevailing annual rainfall of 36-42 inches, Washington County, Maryland, Franklin westerly winds which originate in the temperatures of 50-55 degrees F., and a County, Pennsylvania, is located interior of North America. Warm, moist frost-free season of 160-170 days. The primarily in the Great Limestone Valley. air from the Gulf of Mexico flows Lancaster Valley viticultural area (see The principal soil associations in northward along the basin of the Great Notice No. 381 and T.D. ATF-102) to the Franklin County are: Hagerstown- (Limestone) Valley into and beyond the southeast of the Cumberland viticultural Duffield, Murrill-Laidig and Weikert- Cumberland Valley. In addition, the area has an average annual rainfall of Berks-Bedington. Atlantic Ocean to the east is a 40-42 inahes, temperatures of 55-60 The deep and well drained modifying factor and an occasional degrees F., and a frost-free season of Hagerstown-Duffield soils make up source of warmth and moisture. These 170-180 days. The Shenandoah Valley about 32 percent of thee land in the conditions give a "Humid Continental" viticultural area (see Notice No. 419 and county and are found in the limestone type of climate, typical of the Middle T.D. ATF-120) to the southwest of the valleys which are dedicated to crops, Atlantic States. Most weather systems Cumberland Valley has an average fruit, hay, and pasture. that affect this area originate in Canada annual rainfall of 34-38 inches, The Murrill-Laidig association or on the Central Plains of the United temperatures of 54-56 degrees F., and a consists of deep, well-drained, gently States, are caught up in the prevailing frost-free season of 150-160 days. sloping to moderately steep soils formed westerly flow aloft, gradually acquire The petitioner cites data from three in colluviurn on the foot slopes and some of the characteristics of the weather stations of the National benchlike areas on mountainsides. underlying land as their air masses Oceanic and Atmospheric Nearly all of the soils of this association move eastward over the Appalachian Administration, U.S. Department of have been cleared and are used for Mountains, and lose their moisture in Commerce, specifically the stations at crops, hay, pasture and fruit. They are the form of precipitation over the basin Chewsville telev. 640 feet) located near among the best in Franklin County for of the valley. Hagerstown (MD) at the southern end of farming. By the time an air mass has passed the valley, Chambersburg (PA) located The Weikert-Berks-Bedington over the Appalachian chain, it is centrally (elev. 570 feet), and Carlisle association soils are shallow to deep, considerably modified in both (PA) located in the northeastern end of well-drained, soils formed in materials temperature and moisture. After cooling the valley (elev. 465 feet). These stations weathered from shale and interbedded and losing moisture while traversing the show average temperatures ranging shale, siltstone and sandstone and are mountains, an air mass tends to warm from 51.6 'F to 53.4 °F, total precipitation Federal Register / Vol. 50, No. 40 / Thursday, February 28, 1985 / Proposed Rules 8145 from 34.9" to 39.8", and degree growing summer the valley receives more than expected to have significant secondary days of 3050 at Chewsville, 2890 at 60 percent of the available sunshine, or incidental effects on a substantial Chambersburg, and 3150 at Carlisle. The and nights are generally clear. number of small entities. average annual temperature is 52 The prevailing wind is southwest and Accordingly, it is hereby certified "Fahrenheit with the coldest month averages 8 miles per hour. Rainfall is under the provisions of section 3 of the being january (32 "Fahrenheit) and the generally adequate, but dry periods of 2 Regulatory Flexibility Act (5 U.S.C. warmest month being July (75 to 3 weeks are sometimes experienced. 605(b)) that this notice of proposed "Fahrenheit). Based upon data recorded Summer rainfall is usually in the form of rulemaking, if promulgated as a final at Chambersburg, annual precipitation afternoon and evening thundershowers, rule, will not have a significant averaging 38.25 inches occurred fairly which occur on an average of 24 days economic impact on a substantial evenly throughout the 30 years, from during the*period June through August. number of small entities. 1931 to 1960. The length of the growing season is In summer, several periods of hot and fairly consistent over the valley and Paperwork Reduction Act humid weather are observed, however, averages 160 to 170 days. Frost occurs The provisions of the Paperwork and valley temperatures reach into the as late as mid-May and as early as mid- Reduction Act of 1980, Pub. L. 96-511, 44 nineties about 30 times during summer. September. A somewhat shorter growing U.S.C. Chapter 35, and its implementing On the average, daytime highs reach the season exists in the mountains. About regulations, 5 CFR Part 1320, do not mid to upper eighties and nighttime lows 57 percent of the annual precipitation apply to this final rule because no are near 60. Temperatures in the falls during spring and summer. requirement to collect information is of mountains are somewhat cooler. The climatological characteristics imposed. Freezing temperatures have not been the Cumberland Valley and surrounding experienced during summer in the areas may be summarized by the Public Participation valley. Clud cover is at a minimum in following averages: ATF requests comments from all interested parties. Comments received Name of area Temperature Rainfall Frost-free days before the closing date will be carefully

Mountains (west) ...... 48 to 50 T ...... 40...... Less than 160. considered. Comments received after Mountains (north)...... 48 to 5 ...... 40 ...... Las than 160. the closing date and too late for South Mountain ...... 49 to 52 T ...... 45'...... Less than 160. consideration will be treated as possible Catoci ...... 0 to 55 F ...... 36 to 42...... 160 to 170. m erland ...... 51 to 4 ...... 34' to 40...... 160 to 170. suggestions for future ATF action. Shenandoah Valley ...... 54" to 56F . 34" to 38. *.....150 o 160. Lancaster Valley-...... 55' to 60 "F ...... 40" to 42"...... 170 to 180 ATF is specifically interested in whether all portions of the area as proposed in this notice are known by Compliance With Executive Order 12291 the name "Cumberland Valley" and Proposed Boundary whether the name "Cumberland Valley" The petitioners claim that the It has been determined that this has national recognition. boundary of the proposed viticultural proposed regulation is not a "major ATF will not recognize any comment area is as specified in the amended rule" within the meaning of Executive as confidential. Comments may be petition. order 12291 of February 17, 1981, disclosed to the public. Any material The boundary of the proposed because it will not have an annual effect which a commenter considers to be Cumberland Valley viticultural area on the economy of $100 million or more; confidential or inappropriate for may be found on 32 United States it will not result in a major increase in disclosure to the public should not be Geological Survey Maps of the 7.5 costs or prices for consumers, individual included in the comment. The name of minute series, scale 1:24,000. The industries, Federal, State, or local the person submitting a comment is not boundary, as amended by ATF with the government agencies, or geographic exempt from disclosure. not have significant consent of the petitioners, is described regions; and it will The Director reserves the right to effects on competition, in proposed § 9.105. adverse determine, in light of all circumstances, employment, investment, productivity, whether a public hearing will be Viticulture in Proposed Area innovation, or on the ability of United necessary. The following statistics were States-based enterprises to compete developed from information (not with foreign-based enterprises in Drafting Information necessarily in the petition) available to domestic or export markets. ATF: The principal author of this document Regulatory Flexibility Act '(1) Total acreage in the proposed is Michael J. Breen, FAA, Wine and Beer Branch, Bureau of Alcohol, Tobacco and area-approximately 765,000 acres. The provisions of the Regulatory (2) Commercial vineyards Flexibility Act relating to an initial and Firearms. (winegrapes)-approximately 20 acres final regulatory flexibility analysis (5 List of Subjects in 27 CFR Part 9 in Maryland and approximately 40 acres U.S.C. 603, 604) are not applicable to this in Pennsylvania. proposal because the notice of proposed Administrative practices and (3) Commercial wineries-oen in the rulemaking, if promulgated as a final procedures, Consumer protection, Maryland portion of the proposed area rule, will not have a significant Viticultural areas, and Wine. and two in the Pennsylvania portion. economic impact on a substantial Authority Grapes grown commercially for number of small entities. The proposal winemaking are mainly Labrusca and will not impose, or otherwise cause, a Accordingly, under the authority Labrusca/vinifera crosses (French significant increase in reporting, contained in 27 U.S.C. 205 (49 Stat. 981, hybrids). Only a few vinifera grapes are recordkeeping, or other compliance as amended), ATF proposes to amend grown commercially in the proposed burdens on a substantial number of Title 27, Code of Federal Regulations, area. small bntities. The proposal is not Part 9, as follows: 8146 Federal Register / Vol. 50, No. 40 / Thursday, February 28, 1985 / Proposed Rules

PART 9-AMERICAN VITICULTURAL (18) "Harrisburg West Quadrangle", Then southerly along Mount Brian- AREAS edition of 1969, photo-revised 1974. Trego Road to its intersection with (19) "Wertzville Quadrangle", edition Millbrook Road; Paragraph 1. The table of Sections in of 1952, photo-revised 1968 and 1973. Then east along Millbrook Road to its 27 CFR Part 9, Subpart C, is amended to (20) "Sherman's Dale Quadrangle", intersection with State Route 67, add the title of § 9.105 as follows: edition of 1952, photo-revised 1968 and approximately 0.5 mile north of Subpart C-Approved American Viticultural 1973. Rohersville, Maryland; Areas (21) "Landisburg Quadrangle", edition Then directly east approximately 1.25 of 1952, photo-revised 1969 and 1977. miles in a straight line to the 1,000-foot Sec. (22) "Andersonburg Quadrangle", contour line of South Mountain; edition of 1952, photo-revised 1969 and Then in a north northeastly direction 9.105 Cumberland Valley. 1977. along the 1,000-foot contour line of Par. 2. Subpart C is amended by (23) "Newville Quadrangle", edition of South Mountain in Washington County, adding § 9.105 as follows: 1952, photo-revised 1969 and 1975. Maryland, and Franklin and (24) "Newburg Quadrangle", edition of Cumberland counties in Pennsylvania to Subpart C-Approved American 1966, photo-revised 1973. the point on South Mountain where the Viticultural Areas (25) "Doylesburg Quadrangle", edition 1,000-foot contour line crosses State * * * * * of 1966, photo-revised 1973. Hollow Road (Rt. 233); (26) "Roxbury Quadrangle", edition of Then north along Rt. 233 to the point § 9.105 Cumberland Valley. 1966, photo-revised 1973. where it crosses the 750-foot contour of (a) Name. The name of the viticultural (27) "Fannettsburg Quadrangle", South Mountain; area described in this section is edition of 1966, photo-revised 1973. Then east along the 750-foot contour Thomas Quadrangle", edition "Cumberland Valley." (28) "St. line of South Mountain to the point (b) Approved maps. The appropriate of 1944, photo-revised 1968 and 1973. southwest of the Mount Holly Springs (29) "McConnellsburg Quadrangle", maps for determining the boundary of Reservoir where Cold Spring Run, a 1968 and the Cumberland Valley viticultural area edition of 1944, photo-revised tributary of Yellow Breeches Creek, are the following 32 U.S.G.S. 1973. crosses the 750-foot contour line, (30) "Mercersburg Quadrangle", topographical maps of the 7.5 minute approximately 3 miles southwest of the edition of 1943, photo-revised 1968 and series: town of Mount Holly Springs, 1973. Pennsylvania; (1) "Williamsport Quadrangle", (31) "Clear Spring Quadrangle", Then east northeast in a straight line edition of 1969. edition of 1955, photo-revised 1971. (2) "Shepherdstown Quadrangle", (32) "Hedgesville Quadrangle", approximately seven miles to Center edition of 1978. edition of 1979. Point Knob, elev. 1050 feet, (3) "Keedysville Quadrangle", edition (c) Boundary. The Cumberland Valley approximately two miles southeast of of 1978. viticultural area is located in Boiling Springs, Pennsylvania (see (4) "Middletown Quadrangle", edition Washington County in west-central Mechanicsburg Quadrangle); of 1953, photo-revised 1979. Maryland and in Franklin and Then continuing east northeast in a (5) "Myersville Quadrangle", edition Cumberland counties in south-central straight line approximately six miles to of 1953, photo-revised 1971. Pennsylvania. The boundary is as the point where U.S. Rt. 15 crosses (6) "Smithsburg Quadrangle", edition follows: Yellow Breeches Creek, approximately of 1953, photo-revised 1971. Starting immediately west of the one mile east of Williams Grove, (7) "Waynesboro Quadrangle", Town of Williamsport in Washington Pennsylvania; edition of 1944, photo-revised 1968 and County, Maryland, at Lock 45 of the Then east and northeast in a 1973. Chesapeake & Ohio (C&O) Canal meandering line along the north bank of (8) "Iron Springs Quadrangle", edition, National Historical Park and confluence YellowBreeches Creek to its confluence of 1953, photo-revised 1968 and 1973. of the Potomac River and with the Susquehanna River; (9) "Scotland Quadrangle", edition of Conococheague Creek (see Williamsport Then north along the west bank of the 1944, photo-revised 1968 and 1973. Quadrangle), the boundary proceeds in Susquehanna River, which forms the (10) "Caledonia Park Quadrangle", a southeasterly direction along the western portion of the corporate edition of 1944, photo-revised 1968 and perimeter of the park on the boundary line of the City of Harrisburg, 1973. northeastern bank of the Potomac River Pennsylvania, to the point where the (11) "Walnut Bottom Quadrangle", to the confluence of Antietam Creek and 300-foot contour line and the west bank edition of 1952, photo-revised 1969 and the Potomac River; of the Susquehanna River meet; 1977. Then southeast on Limekiln Road Then directly west to the 700-foot (12) "Dickinson Quadrangle", edition which runs along the perimeter of the contour line of Blue Mountain of 1952, photo-revised 1969 and 1977. park from Antietam Creek to the overlooking the Susquehanna River; (13) "Mount Holly Springs intersection of Limekiln Road and Then along the 700-foot contour line of Quadrangle", edition of 1952, photo- Harpers Ferry Road; Blue Mountain as it meanders west and revised 1968 and 1973. Then northeasterly in a straight line around McClures Gap,; (14) "Carlisle Quadrangle", edition of approximately two miles to the 952-foot Then along the 700-foot contour line of 1952, photo-revised 1968 and 1973. summit of Hawk's Hill; Blue Mountain to the point were the 700- (15J "Mechanicsburg Quadrangle", -Then northerly on a straight line foot contour line crosses State Rt. 233; edition of 1952, photo-revised 1968 and approximately 2.5 miles to the Then northeast along Rt. 233 through 1973. intersection of Red Hill Road and Doubling Gap to the 1,000-foot contour (16) "LeMoyne Quadrangle", edition Porterstown Road; line of Blue Mountain; of 1963, photo-revised 1972. Then southeasterly along Porterstown Then in a generally southwesterly (17) "Steelton Quadrangle", edition of Road to its intersection with Mount direction along the 1,000-foot contour 1963, photo-revised 1972. Briar-Trego Road; line of Blue Mountain into Franklin Federal Register / Vol. 50, No. 40 / Thursday, February 28, 1985 / Proposed Rules 8147

County to the point where the 1,000-foot DEPARTMENT OF THE INTERIOR On January 22, 1985, Louisiana line meets the roadbed of the requested an extension until May 31, contour Office of Surface Mining Reclamation Interstate 76: 1986, to promulgate blaster certification Pennsylvania Turnpike, and Enforcement Then along the roadbed of the rules. Pennsylvania Turnpike to the east 30 CFR Part 918 The Louisiana Department of Natural entrance of the Blue Mountain Tunnel; Resources, Office of Conservation, the State Regulatory Program Then in a straight line approximately Permanent regulatory authority for Louisiana's 6.5 miles to the intersection of State Rt. of Louisiana program, advised OSM that the State 533 and the 1,000-foot contour line of AGENCY: Office of Surface Mining would require the additional time in Blue Mountain, approximately one mile Reclamation and Enforcement (OSM), order to promulgate and submit west northwest of Upper Strasburg, Interior. proposed rules on blaster certification. Pennsylvania; ACTION: Proposed rule. The letter stated the first actual surface Then southwest along the 1,000-foot mining operations are not scheduled to contour line of Blue Mountain to and SUMMARY: OSM is proposing to modify begin until the third quarter of 1985. along the 1,000-foot contour line of the deadline for Louisiana to promulgate Further, as previously discussed with Broad Mountain; and submit rules governing the training, OSM, the State does not anticipate the Then along the 1,000-foot contour line examination and certification of need for blasting for surface mining as it meanders along and around Broad blasters. On January 22, 1985, Louisiana operations in Louisiana. This is due to Mountain and Front Mountain to the. requested an extension of time to the physical nature of the point where the 1,000-foot contour line promulgate rules concerning blaster unconsolidated overburden materials crosses Wilson Run near Franklin certification. All States with regulatory associated with coal and lignite in Furnace, Pennsylvania; programs approved under the Surface Louisiana. In the interim, Louisiana Act of Then southwest in a straight line Mining Control and Reclamation would recognize and accept as valid a 1977 (SMCRA of the Act) are required to approximately 3.5 miles to Parnell Knob, current blasters certification legitimately develop and adopt a blaster certification elev. 2060 feet; obtained from any other State program by March 4, 1984. Section in a straight line Regulatory Authority (or the Federal Then west northwest 850.12(b) of OSM's regulations provides point Government) having an approved approximately four miles to the that the Director, OSM, may approve an crosses blaster certification program pursuant to where the 1,000-foot contour line extension of time for a State to develop Run near Cape Horn on Cove 30 CFR Part 850. Township and adopt a program upon a two miles OSM is seeking comment on the Mountain, approximately demonstration of good cause. north northwest of Fort Loudon, State's request for additional time to by April Pennsylvania; DATE: Comments not received promulgate rules concerning blaster 1, 1985 at the address below, will not southwest along the 1,000-foot certification. Section 850.12(b) of OSM's Then necessarily be considered. contour line of Cove Mountain into and regulations provides that the Director, out of Cove Gap; ADDRESS: Written comments should be OSM, may approve an extension of time mailed or hand delivered to Mr. Robert Then along the 1,000-foot contour line for a State to develop and adopt a Markey, Field Office Director, Tulsa program upon a demonstration of good of Cove Mountain and Two Top Field Office, Office of Surface Mining, cause. Mountain in Franklin County, 333 West 4th Street, Room 3432, Tulsa, and Additional Determinations Pennsylvania, and Sword Mountain .Oklahoma 74103. Fairview Mountain in Washington with the National CONTACT: 1. Compliance County, Maryland, to the point on FOR FURTHER INFORMATION EnvironmentalPolicy Act: The Mr. Robert Markey, Field Office Fairview Mountain where the 1,000-foot Secretary has determined that, pursuant Director, Tulsa Field Office, Office of contour line intersects the National section 702(d) of SMCRA, 30 U.S.C. Surface Mining, 333 West 4th Street, to Road (U.S. Rt. 40); no environmental impact Room 3432, Tulsa, Oklahoma 74103; 1292(d), Then west along U.S. Rt. 40 Telephone: (918) 745-7927. statement need be prepared on this approximately 0.5 mile to the rulemaking. SUPPLEMENTARY INFORMATION: On of U.S. Rt. 40 and Cove the intersection March 4, 1983, OSM issued final rules 2. Executive OrderNo. 12291 and Road; effective April 14, 1983, establishing the Regulatory Flexibility Act: On August Then south in a straight line from the Federal standards for the training and 28, 1981, the Office of Management and intersection of U.S. Rt. 40 and Cove certification of blasters at 30 CFR Budget (OMB) granted OSM an Road approximately 1.25 miles to the Chapter M (48 FR 9486). Section 850.12 exemption from sections 3, 4, 7, and 8 of intersection of McCoys Ferry Road and of these regulations stipulates that the Executive Order 12291 for actions State Rt. 56; regulatory authority in each State with directly related to approval or of State regulatory Then south along McCoys F~rry Road an approved program under SMCRA conditional approval is to the perimeter of the C&O Canal shall develop and adopt a program to programs. Therefore, this action National Historical Park along the examine and certify all persons who are exempt from preparation of a Regulatory review Potomac River; directly responsible for the use of Impact Analysis and regulatory surface coal mining by OMB. Then southeast along the perimeter of explosives in a 12 months after The Department of the Interior has the C&O National Historical Park to the operation within approval of a State program or within 12 determined that this rule would not have point of beginning. months after publication date of OSM's a significant economic effect on a Signed: February 22, 1985. rule at 30 CFR Part 850, whichever is substantial number of small entities Stephen E. Higgins, later. In the case of Louisiana's program, under the Regulatory Flexibility Act (5 Director. the applicable date is 12 months after U.S.C. et seq.). This rule would not [FR Doc. 85-4858 Filed 2-27-85; 8:45 am) publication date of OSM's rule, or impose any new requirements; rather, it BILLING CODE 4810-31-M March 4, 1984. would ensure that existing requirements