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Federal Register / Vol. 50, No. 40 / Thursday, February 28, 1985 /- Proposed Rules 8142 by the Direction of the Commission

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Federal Register / Vol. 50, No. 40 / Thursday, February 28, 1985 /- Proposed Rules 8142 by the Direction of the Commission 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.
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