3564 3 Federal Register / Vol. 47, No. 17 / Tuesday, January 26, 1982 / Proposed Rules 3364 the dollar amount described in that the establishment of viticultural (d) A description of the specific paragraph (c)(2)(iii) of this section or a areas and the subsequent use of boundaries of the viticultural area, dollar amount which equals the present viticultural area names as appellations based on features which can be found value of the maximum benefit described of origin will help wineries better on United States Geological Survey in section 4022(b}(3)(B) of ERISA designate the specific grape-growing (U.S.G.S.) maps of the largest applicable (determined on the date the plan area where their wines come from and scale; and terminates or on the date benefits will help wine consumers better identify (e) A copy of the appropriate U.S.G.S. commence, whichever is earlier) without the wine they purchase. maps with the boundaries prominently regard to any other limitations in section DATE: Written comments must be marked. 4022 of ERISA. received by March 12, 1982. Proposed Regulations (iv} A plan provision satisfying this to: ADDRESS: Send written comments This notice of proposed rulemaking is paragraph (c)(7) may be adopted by Chief, Regulations and Procedures amendment or by incorporation at the intended to solicit comments from Division, Bureau of Alcohol, Tobacco interested parties concerning time of establishment. Any allocation of and Firearms, P.O. Box 385, Washington, assets attributable to employer establishment of the Madera viticultural DC 20044-0385, Attn.: Notice No. 405. area. While ATF feels that the evidence contributions to an employee which Copies of the petition, the proposed exceeds the dollar limitation in this submitted in the petition may warrant regulations, the appropriate maps, and the designation of a viticultural area, it paragraph (c)(7) may be reallocated to written comments will be available for prevent prohibited discrimination. is not convinced that the petitioned area (v) the early termination rules in the public inspection during normal is geographically or viticulturally (1) through (6) business hours at: ATF Reading Room, distinct from surrounding areas, or that proceding subparagraphs Room 4405, Federal Building, 12th and apply to a qualified Title IV plan except the name "Madera" is historically the Pennsylvania Avenue, NW., associated with the entire area. where such rules are determined by Washington, DC. Commissioner to be inconsistent with Therefore, ATF is not proposing any the rules of this paragraph (c)(7), FOR FURTHER INFORMATION CONTACT: specific rpgulatory language. However, § 1.411(d)-2, and section 4044(b)(4) of Norman P. Blake, Research and on the basis of written comments ERISA. The early termination rules of Regulations Branch, Bureau of Alcohol, received in response to this notice, this paragraph (c)(7) contain some of the Tobacco and Firearms, Washington, DC testimony received at possible future rules under section 401(a)(4) and (a)(7), (202-566-7626). public hearings, and its own research, as in effect on September 2, 1974, and SUPPLEMENTARY INFORMATION: ATF may issue a final rule establishing section 411(d)(2) and (3). Section 'Madera" as a viticultural area without 1.411(d)-2 also contains certain Background further notice. discrimination and vesting rules which On August 23, 1978, ATF published Madera Viticultural Area-Petition are applicable to plan terminations. Treasury Decision ATF-53 (43 FR 37672, (vi) Paragraph (c)(7) of this section 54624) revising regulations in 27 CFR The proposed Madera viticultural area shall apply to a qualified Title IV plan Part 4. These regulations allow the is located in portions of Madera and which is considered terminated within establishment of definite viticultural Fresno Counties within the eastern the meaning of § 1.411(d)-2 (c)(2) on or areas. The regulations also allow the section of the Central San Joaquin after (60 days after the date final name of an approved viticultural area to Valley. This area consists of regulations are published in the Federal be used as an appellation of origin on approximately 230,000 acres between Register). wine labels and in wine advertisements. the natural boundaries of the Roscoe L. Egger, Jr., On October 2, 1979, ATF published Chowchilla River on the north and the Commissionerof InternalRevenue. Treasury Decision AFT-60 (44 FR 56692) San Joaquin river on the south. [FR Doc. 82-1885 Filed 1-25-82; 8:48am] which added a new Part 9 to 27 CFR for The petitioner states that the BILUNG CODE 4830-01-M the listing of approved viticultural areas. proposed area has a history relating to Section 9.11, Title 27, CFR, defines an wine grapes and wine dating back to the American viticultural area as a 1870's. Presently there are six wineries within the proposed area. Two of these Bureau of Alcohol, Tobacco and delimited grape-growing region Firearms distinguishable by geographical wineries label their wines utilizing features. Section 4.25a(e)(2) outlines the "Madera" as an appellation of origin. procedures for proposing an American Within the last six years, wines bearing 27 CFR Part 9 viticultural are3. Any interested person the appellation "Madera" have received [Notice No. 405] may petition ATF to establish a grape- numerous national and international growing region as a viticultural area. awards. Over the last 15 years, wine Madera Viticultural Area The petition should include: grape acreage has increased from 6,500 (a) Evidence that the name of the to over 30,000 acres. AGENCY: Bureau of Alcohol, Tobacco proposed viticultural area is locally The California Crop and Livestock and Firearms, Treasury. and/or nationally known as referring to Reporting Service, in its publication 1980 ACTION: Notice of proposed rulemaking. the area specified in the petition; California GrapeAcreage, lists 33 (b) Historical or-current evidence that separate varieties of wine grapes grown SUMMARY: The Bureau of Alcohol, the boundaries of the viticultural area in Madera County. The grape growing Tobacco and Firearms (AFT) is are as specified in the petition; area of Madera County is located within considering the establishment of a (c) Evidence relating to the the proposed boundaries. Within viticultural area in the state of geographical characteristics (climate, California Madera County ranks fifth in California to be known as "Madera." soil, elevation, physical features, etc.), acres of wine grapes, and third in total This proposal is the result of a petition which distinguish the viticultural acres of grapes with over 68,000 acres. submitted by Mr. David B. Ficklin, features of the proposed area from Due to the characteristics hot and dry president, Ficklin Vineyards. ATF feels surrounding areas; climate of this area, grape growers rely Federal Register / Vol. 47, No. 17 / Tuesday, January 26, 1982 / Proposed Rules 3565 solely on irrigation water from the AVE 15, crossing the San Joaquin River have a significant economic impact on a Sierra Nevada Mountains to the east. into Madera County, and along Avenue substantial number of small entities. Because of the climate, and the 15 for approximately 17.5 miles to the Public Participation-Written Comments availability of irrigation water, grape Atchison, Topeka and Santa Fe yield per acre in the proposed area is (A.T.&S.F.) railroad tracks; northwest ATF requests comments from all much larger than in the coastal regions along the A.T.&S.F. railroad tracks interested persons concerning this of California. Fourteen of the 33 approximately five miles to the proposed viticultural area. ATF varieties of wine grapes grown in this intersection of RD 26; north along RD 26 particularly requests comments and area rank third or higher in acreage for 11 miles to the Chowchilla River; information concerning: Possible within the State. Some of these varieties west along the course of the Chowchilla alternative boundaries; viticultural and include; Grenache, Muscat Hamburg, River (Madera/Merced County line) for geographical evidence which may Royalty and Tinto, Mederia which all approximately 12 miles to the beginning distinguish the proposed area from rank first in acreage within California. point. surrounding areas; and historical and The area also includes significant Compliance With Executive Order 12291 current evidence that the name plantings of Barbera,Carignane, Chenin "Madera" is known as referring to or Blanc, French Colombard,Rubired and In compliance with Executive Order associated with the entire area specified Ruby Cabernet wine grapes. 12291, ATF has determined that this in the petition. The petitioner states that the.soils are proposal is not a major rule since it will comprised of three major alluvial soil not result in- All comments received before the associations; San Joaquin-Madera, (a) An annual effect on the economy closing date will be carefully Cometa-Whitney and Hanford-Tujunga. of $100 million or more; considered. Comments received after These soil associations are all derived (b) A major increase in cost or prices the closing date and too late for primarily from granitic sediments and for consumers, individual industries, consideration will be treated as possible are moderate to well-drained. Federal, State, or local government suggestions for future ATF action. The elevation of the proposed area agencies, or geographical regions; or ATF will not recognize any material ranges from 190 feet above sea level on (c) Significant adverse effects on and comments as confidential. the western edge, in Madera County, competition, employment' investment, Comments may be disclosed to the and, after gently sloping for 30 miles, to productivity, or on the ability of United public. Any material which the 390 feet above sea level in the extreme States-based enterprise to compete with commenter considers to be confidential eastern section located in Fresno foreign-based enterprises in domestic or or inappropriate for disclosure to.the County. export markets. The six U.S.G.S. quadrangle maps, 15 public should not be included in the minutes series, which show the Regulatory Flexibility Act comment. The name of any person boundaries of the proposed area are: The provisions of the Regulatory submitting a comment is not exempt "Clovis"; "Herndon"; "Madera"; Flexibility Act relating to an initial and from disclosure. "Firebaugh"; "Le Grand"; and final regulatory flexibility analysis (5 Any interested person who desired an "Chowchilla." U.S.C. 603, 604) are not expected to opportunity to comment orally at a The boundaries of the petitioned area apply to this proposal because the public hearing on this proposed are as follows: notice of proposed rulemaking, if regulation should submit a request, in Beginning at the most northwestern promulgated as a final rule, would not writing, to the Director within the 45-day point, located on the Madera-Merced have a significant economic impact on a comment period (March 12, 1982). The County line, the interesection of Road substantial number of small entities. Director, however, reserves the right to (RD) 15 and the Chowchilla River; south This proposal is not expected to have determine, in light of all circumstances, along RD 15 for 11 miles to the significant secondary or incidental whether a public hearing should be held. intersection of Avenue (AVE) 17; east effects on a substantial number of small along AVE 17 for four miles to RD 19; entities; or impose, or otherwise cause, a Drafting Information south along RD 19 for five miles to AVE significant increase in the reporting, 12 (Firebaugh Road); east on AVE 12 The principal author of this document recordkeeping, or other compliance is Norman P. Blake, Specialist, Research (Firebaugh Road) for three miles to RD burdens on a substantial number of 22; south along RD 22 and a line and Regulations Branch, Bureau of small entities. Alcohol, Tobacco and Firearms. extending RD 22 for a total of eight and ATF has previously approved the use one-half miles to the San Joaquin River. of "Madera County (Madera)" as a Authority The boundary then runs easterly to county appellation of origin. This northeasterly along the course of the proposed viticultural area is smaller This viticultural area is proposed San Joaquin River (Madera-Fresno than the county appellation and the under the authority of 27 U.S.C. 205. County line) for approximately 23 miles boundaries extend into the northeast Signed: December 9, 1981. to the point where a line extending portion of Fresno County. However, G. R. Dickerson, Shepherd Avenue intersects; east, in available information indicates that the Fresno County, along the'line extending wineries and vineyards which currently Director. Shepherd Avenue and along Shepherd benefit from the use of the county Approved: January 8, 1982. Avenue for a total of six miles to appellation are located within the John P. Simpson, Sunnyside Avenue; north on Sunnyside proposed viticultural area. Acting Assistant Secretary(Enforcement and Avenue and a line extending Sunnyside Therefore, ATF believes that this Operations). Avenue for a total of seven miles to a notice of proposed rulemaking, if 1FR Doc. 82-1808 Filed 1-25-8: 8:45am] point where a line extending AVE 15 promulgated as a final rule, would not intersects; west along the line extending BILLING CODE 4810-31-M