Federal Register/Vol. 68, No. 210/Thursday, October 30, 2003/Rules and Regulations 61745 responsibilities among the various DEPARTMENT OF THE TREASURY Definition levels of government. Accordingly, the Title 27 CFR, section 4.25(e)(1), Alcohol and Tobacco Tax and Trade agency has concluded that the rule does defines an American viticultural area as Bureau not contain policies that have a delimited grape-growing region federalism implications as defined in distinguishable by geographic features 27 CFR Part 9 the order and, consequently, a whose boundary has been delineated in federalism summary impact statement is subpart C of part 9. The establishment [T.D. TTB-6; Notice No. 963] not required. of viticultural areas allows the identification of regions where a given VI. Paperwork Reduction Act of 1995 RIN 1513-AA36 quality, reputation, or other This final rule contains no collections Bennett Valley Viticultural Area characteristics of the wine is essentially of information. Therefore, clearance by (2002R-009T) attributable to its geographic origin. We the Office of Management and Budget believe that the establishment of under the Paperwork Reduction Act of AGENCY: Alcohol and Tobacco Tax and viticultural areas allows wineries to Trade Bureau (TTB), Treasury. 1995 is not required. describe more accurately the origin of ACTION: Treasury decision, final rule. their wines to consumers and helps List of Subjects in 21 CFR Part 866 consumers identify the wines they SUMMARY: This Treasury decision purchase. Establishment of a viticultural Biologics, Laboratories, Medical establishes the Bennett Valley area is neither an approval nor devices. viticultural area in Sonoma County, endorsement by TTB of the wine * Therefore, under the Federal Food, California. It is entirely within the North produced there. Drug, and Cosmetic Act and under Coast viticultural area and predominantly in the Sonoma Valley Requirements authority delegated to the Commissioner viticultural area, except for a small of Food and Drugs, 21 CFR part 866 is Section 4.25a(e)(2) outlines the overlap into the Sonoma Coast amended as follows: procedure for proposing an American viticultural area. The Alcohol and viticultural area. Anyone interested may PART 866-IMMUNOLOGY AND Tobacco Tax and Trade Bureau believes petition TTB to establish a grape- the use of viticultural area names as MICROBIOLOGY DEVICES growing region as a viticultural area. appellations of origin in wine labeling The petition must include- m 1. The authority citation for 21 CFR and advertising helps consumers * Evidence that the proposed part 866 continues to read as follows: identify the wines they may purchase. It viticultural area is locally and/or also allows wineries to better designate nationally known by the name specified Authority: 21 U.S.C. 351, 360, 360c, 360e, the specific grape-growing area in which in the petition; 360j, 3601, 371. their wine grapes were grown. * Historical or current evidence that * 2. Section 866.3940 is added to subpart EFFECTIVE DATE: December 29, 2003. the boundaries of the proposed D to read as follows: FOR FURTHER INFORMATION CONTACT: N. viticultural area are as specified in the A. Sutton, Specialist, Regulations and petition; §866.3940 West Nile virus serological * Evidence that the proposed area's reagents. Procedures Division (Oregon), Alcohol and Tobacco Tax and Trade Bureau, 946 growing conditions, such as climate, (a) Identification. West Nile virus Northwest Circle Blvd., #286, Corvallis, soils, elevation, physical features, etc., serological reagents are devices that OR 97330; telephone: 415-271-1254. distinguish it from surrounding areas; * A description of the proposed consist of antigens and antisera for the SUPPLEMENTARY INFORMATION: detection of anti-West Nile virus IgM viticultural area's specific boundaries, antibodies, in human serum, from Background on Viticultural Areas based on features found on maps approved by the United States individuals who have signs and TTB Authority symptoms consistent with viral Geological Survey (USGS); and The Federal Alcohol Administration * A copy of the appropriate USGS- meningitis/encephalitis. The detection Act (FAA Act) at 27 U.S.C. 205(e) approved map(s) with the boundaries aids in the clinical laboratory diagnosis requires that alcohol beverage labels prominently marked. of viral meningitis/encephalitis caused provide the consumer with adequate by West Nile virus. information regarding a product's Impact on Current Wine Labels (b) Classification. Class II (special identity, while prohibiting the use of With this viticultural area's controls). The special control is FDA's deceptive information on such labels. establishment, bottlers who use brand guidance entitled "Class II Special The FAA Act also authorizes the names like Bennett Valley may be Controls Guidance Document: Secretary of the Treasury to issue affected. If you fall in this category, you Serological Reagents for the Laboratory regulations to carry out the Act's must ensure that your existing products Diagnosis of West Nile Virus." See provisions. The Secretary has delegated are eligible to use the name of the § 866.1(e) for the availability of this this authority to the Alcohol and viticultural area as an appellation of guidance document. Tobacco Tax and Trade Bureau (TTB). origin. For a wine to be eligible, at least Regulations in 27 CFR part 4, Labeling 85 percent of the grapes in the wine Dated: October 8, 2003. and Advertising of Wine, allow the must have been grown within the Linda S. Kahan, establishment of definitive viticultural viticultural area. Deputy Director, Centerfor Devices and areas and the use of their names as If the wine is not eligible for the RadiologicalHealth. appellations of origin on wine labels appellation, you must change the brand [FR Doc. 03-27294 Filed 10-29-03; 8:45 am] and in wine advertisements. Title 27 name and obtain approval of a new BILLING CODE 4160-01-S CFR part 9, American Viticultural label. Different rules apply if you label Areas, contains the list of approved a wine in this category with a brand viticultural areas. name traceable to a label approved prior 61746 Federal Register/Vol. 68, No. 210/Thursday, October 30, 2003/Rules and Regulations to July 7, 1986. See 27 CFR 4.39(i) for Name Evidence vineyard acres, while Prohibition ended details. Additionally, if you use the The area is locally known as Bennett the balance of the Valley's wine grape viticultural area name on a wine label Valley. It is named after James N. industry. A resurgence of wine grape in a context other than appellation of Bennett, an 1849 immigrant settler who growing in Bennett Valley started in origin, the general prohibitions against arrived by wagon train. His arrival 1975 when the Matanzas Creek Winery misleading representation in part 4 of coincided with the 1849 Gold Rush that planted 20 acres of grapes, and the the regulations apply. brought settlers to California, helping Valley now has approximately 650 vineyard-acres. Homeland Security Act of 2002 Bennett Valley grow as an agricultural region known for grapes, apples, hay, Physical Features wheat, oats, barley, and livestock. The Effective January 24, 2003, the Bennett Valley is surrounded on three Bennett Valley Grange Hall was built in Homeland Security Act of 2002 divided sides by the Sonoma Mountain Range 1873 and it still stands on Grange Road the Bureau of Alcohol, Tobacco and and on the north side by the city of in Bennett Valley, as noted on the USGS Firearms (ATF) into two new agencies, Santa Rosa. The mountainous Santa Rosa quadrangle map. An excerpt the Alcohol and Tobacco Tax and Trade boundaries, generally defined by from the 1877 "Historical Atlas Map of Bureau (TTB) in the Department of the ridgelines, indicate the outer limits of Sonoma County" states that if Bennett Treasury and the Bureau of Alcohol, the Matanzas Creek watershed. Taylor Valley "has any specialty, it is for fruit Tobacco, Firearms, and Explosives in and Bennett Mountains provide anchors and grape culture." the Department of Justice. Regulation of for the area's western and eastern Evidence for the current use of the alcohol beverage labels, including boundary, respectively, while the 1,600- Bennett Valley name includes viticultural area designations, is the foot elevation line on Sonoma Mountain responsibility of the new TTB. references from a book by Don Edwards, "Making the Most of Sonoma County, A defines the southern boundary. References to ATF and TTB in this Elevations within the area range from document reflect the time frame, before California Guide," which states, "Bennett Valley-squeezed between 250 to 1,850 feet, with most vineyards or after January 24, 2003, of the between the 500- and 600-foot level. Taylor Mountain and the Sonoma viticultural area establishment process. The Bennett Valley viticultural area Mountains on the west, Bennett Peak boundary starts at Taylor Mountain's (Yulupa to the Indians) and Bennett Bennett Valley Petition peak and continues straight northeast, Ridge to the east-has been ranching coinciding with a portion of the Sonoma ATF received a petition from and farming country since the days Valley viticultural area boundary line. Matanzas Creek Winery of Santa Rosa, when Missourian William Bennett The lower northern elevations open to California, proposing a new viticultural settled here." The Bennett Valley the Santa Rosa Valley and the city of area to be called "Bennett Valley." The Homeowner's Association's web site Santa Rosa, where, at the northernmost 8,140-acre viticultural area currently has includes a boundary description similar point, the boundary line turns southeast 650 acres of planted vineyards. It is to that of the Bennett Valley viticultural at a 65-degree angle. The northeastern located in Sonoma County, California, area. The Sonoma County telephone and eastern boundaries, primarily a just southeast of the city of Santa Rosa book has 24 business listings using the series of straight lines connecting and approximately 45 miles northeast of Bennett Valley name, including the elevation points, follow the ridgelines San Francisco. The Bennett Valley Bennett Valley Union School District. through the peak of Bennett Mountain viticultural area is entirely within the The Bennett Valley School is identified that outline the eastern side of the North Coast viticultural area, is almost on the USGS Santa Rosa quadrangle Matanzas Creek watershed. map just inside the area's northwest completely within the Sonoma Valley The Bennett Valley area's southern boundary line. The Sonoma County viticultural area, and has a small 281- boundary follows the 1,600-foot government's Bennett Valley Area Plan acre overlap into the Sonoma Coast elevation line along Sonoma Mountain's includes all but the northern-most viticultural area to the west. It also north side and then a westerly straight portion of the viticultural area. partially overlaps the Sonoma Mountain line to a 900-foot elevation point. The viticultural area, which is entirely Boundary Evidence southwestern boundary uses within the larger Sonoma Valley intersections and markers, within the viticultural area. The Bennett Valley viticultural area's boundaries are based on historical and Matanzas Creek watershed, to close the The Bennett Valley viticultural area is current viticulture, the physical limits boundary line at Taylor Mountain. about 5.5 miles long, northwest to of the Matanzas Creek watershed, and Crane Canyon, on the area's southeast, 3.15 miles across at its widest the area's growing conditions, including southwestern side, provides an opening point, and resembles the shape of a its soil, terrain, and a unique in the mountains for the cooling coastal downward-pointing bullet. The floor of microclimate with a strong coastal fogs and breezes from the Pacific coast, Bennett Valley runs the petitioned influence in a sheltered, inland location. which moderate the Bennett Valley's area's length, and Bennett Valley Road Historically, 24 grape growers are linked climate. meanders from its northwest to with Bennett Valley agriculture. In Growing Conditions southeast boundaries. The Bennett 1862, early settler Isaac DeTurk planted Valley viticultural area, including the a 30-acre vineyard at the base of Bennett Soils surrounding hills and mountains, Mountain. By 1878 he was producing The Bennett Valley viticultural area's comprises the Matanzas Creek 100,000 gallons of wine from his own soils vary from the surrounding areas, watershed. This creek flows west into and purchased grapes at his winery due to the different composition the Russian River drainage system and located within this viticultural area on percentages of its predominant eventually to the Pacific Ocean. Grange and Bennett Valley roads. Goulding-Toomes-Guenoc Association. Differences in topography, soils, and Modern accounts indicate that, There are differences in the distribution climate distinguish the Bennett Valley around the turn of the century, of Spreckels, Laniger, Haire, and Red viticultural area from the surrounding phylloxera disease killed some of Hill clay loam soils between the Bennett areas. Bennett Valley's estimated 2,000 Valley viticultural area and nearby Federal Register/Vol. 68, No. 210/Thursday, October 30, 2003/Rules and Regulations 61747 portions of the Sonoma Valley from its sheltered inland location and the larger Sonoma Valley viticultural viticultural area. Soils in the Sonoma access to cooling coastal fogs and area, overlaps 13.1 percent of the Mountain viticultural area, other than breezes. The broad and tall Sonoma Bennett Valley area. A small part, 3.4 the overlapping portion, vary from those Mountain diverts the foggy, south-to- percent, of the Bennett Valley within the Bennett Valley area. north coastal breezes of the Petaluma viticultural area overlaps into the The foothills soils, comprised gap to the north and into the Crane Sonoma Coast viticultural area. The primarily of the Goulding-Toomes- Canyon gap. This gap, between Sonoma Sonoma Coast and the interior Sonoma Guenoc Association, are of a volcanic Mountain and Taylor Mountain, funnels Valley viticultural areas, both within the origin that include lava flows, tuff beds, the coastal fog and winds east into the larger North Coast viticultural area, sandstone, gravel, and some Bennett Valley. Rainfall amounts in the share a common boundary line along conglomerate. The lower slopes and Bennett Valley area are 17 to 25 percent valley floor soils have more variety, Sonoma Valley's western border. This higher than in the areas to the common boundary line is the site of the including some of alluvial origin. The immediate north and east. Valley distribution of Spreckels loam, a well- boundary's small overlap into the residents indicate that rainfall amounts Sonoma Coast area. drained loam with clay subsoil is about vary with elevation and proximity to the 24 percent in the Bennett Valley area, 27 mountains and wind patterns. The following table summarizes the percent in the Sonoma Mountain 8,140-acre Bennett Valley viticultural viticultural area, and almost 42 percent Overlaps With the Sonoma Mountain area's overlaps with other, established in the common area that overlaps the and Sonoma Coast Viticultural Areas viticultural areas: two areas. The Bennett Valley area is almost Climate entirely within the Sonoma Valley The Bennett Valley viticultural area viticultural area. The Sonoma Mountain has a unique microclimate, resulting viticultural area, which is totally within

Percent of the Acres within the Bennett Valley Viticultural area Bennett Valley area in overlap area (percent)

Sonom a Valley only ...... 6,796 83.5 Sonom a M ountain (w ithin Sonom a Valley area) ...... 1,063 13.1

Total w ithin Sonom a Valley ...... 7,859 96.6 S o n o m a C o a st ...... 2 8 1 3 .4

G ra n d T o ta l ...... 8 ,1 4 0 1 0 0 .0

Sonoma Valley Viticultural Area (27 north of the 1,600-foot elevation line on percent of this overlapping area, and CFR 9.29) Sonoma Mountain in Sections 13, 14, from 7.4 to 49.8 percent of other The Bennett Valley viticultural area is and 23, and the land east of the common sections of Sonoma Valley viticultural primarily within the Sonoma Valley line between Sections 15 and 14, as areas. Goulding cobbly clay loam covers viticultural area. The Bennett Valley shown on the Glen Ellen map. The 18.5 percent of the Bennett Valley area, area occupies 7,859 acres, or northern limit of the overlap is the 800- 19.0 percent of the Sonoma Mountain approximately 7 percent, of the larger foot elevation line from its southern overlap, and covers 10.8 to 43.1 percent Sonoma Valley viticultural area's most intersection with the common line of other areas. acreage. The Sonoma Valley viticultural between Sections 10 and 11 to its Several Sonoma Mountain area grape area petition included the Bennett intersection with Bennett Valley Road, growers state that diverse growing Valley due to its similar soil and as shown on the Kenwood map. conditions exist on different sides, and climate. The Sonoma Mountain The overlap area between the Bennett at various elevations, on Sonoma viticultural area is totally within, and Valley and the Sonoma Mountain Mountain. Specifically, they explain located in the western portion of, the viticultural areas contains common that the overlapping area benefits from Sonoma Valley viticultural area. geographic features, including the the coastal influence and wind, which Matanzas Creek watershed, similar contrasts to the protected, warmer, Sonoma Mountain Viticultural Area (27 vineyard elevations, and the "thermal eastern side of the mountain. CFR 9.102) belt" phenomenon. This thermal Sonoma Coast Viticultural Area (27 CFR The Bennett Valley viticultural area phenomenon drains cold air and fog overlaps 1,063 acres (13.1 percent of its from the upper mountain slopes to the 9.116) territory) of the Sonoma Mountain lower elevations, which moderates The Bennett Valley viticultural area viticultural area, which is itself totally temperatures at the lower levels. The overlaps approximately 281 acres (3.4 within the Sonoma Valley viticultural overlapping area is within the Crane percent of its territory) of the area. The overlap is in the southeast Canyon wind gap range, which delivers established Sonoma Coast viticultural corner of the Bennett Valley area and the Pacific Ocean's cooling marine area. This overlapping area is in two the northwestern portion of the Sonoma influence to the Bennett Valley area. portions on the Bennett Valley's west Mountain area. The overlap is seen on Strong soil similarities, within the boundary side. The first is located north the Glen Ellen and Kenwood USGS Bennett Valley and Sonoma Mountain of Crane Canyon Road and can be found maps in Sections 11 through 14, T6N, overlapping boundary area, include in Sections 9 and 8, T6N, R7W, on the R7W. The overlap is mainly that portion Goulding clay loam that covers 30.2 Cotati and Santa Rosa USGS maps. The of the Bennett Valley viticultural area percent of the Bennett Valley area, 33.4 second is located in Sections 15 and 16, 61748 Federal Register/Vol. 68, No. 210/Thursday, October 30, 2003/Rules and Regulations

T6N, R7W, on the Cotati map. This viticultural area in Sonoma County, (1) Santa Rosa Quadrangle, CA- section of the Sonoma Valley and California. Sonoma Co. 1994 Sonoma Coast viticultural areas (2) Kenwood Quadrangle, CA 1954, Regulatory Analyses and Notices common boundary line spans a remote photorevised 1980 section of the Sonoma Mountains, PaperworkReduction Act (3) Glen Ellen Quadrangle, CA- where determining the exact limits of We propose no requirement to collect Sonoma Co. 1954, photorevised 1980 (4) Cotati Quadrangle, CA-Sonoma the Matanzas Creek watershed might information. Therefore, the provisions have challenged previous viticultural Co. 1954, photorevised 1980 of the Paperwork Reduction Act of 1995, (c) Boundary. The Bennett Valley area petitioners in drawing boundary 44 U.S.C. 3507, and its implementing lines. viticultural area is entirely within regulations, 5 CFR part 1320, do not Sonoma County, California, and is The original intent of the Bennett apply. Valley viticultural area petitioners was located northwest of the peak of to follow the Sonoma Valley area's Regulatory Flexibility Act Sonoma Mountain and southeast of the western border and not overlap into the We certify that this regulation will not city of Santa Rosa. Sonoma Coast viticultural area. have a significant economic impact on (1) Beginning at the peak of Taylor However, in the overlap north of Crane a substantial number of small entities. Mountain (BM 1401), Section 6, T6N, Canyon Road, the petitioners discovered This regulation imposes no new R7W, proceed straight northeast to the that the former George N. Whitaker reporting, recordkeeping, or other intersection of the common line vineyard, a historically significant administrative requirement. Any benefit between Sections 31 and 32 and the Bennett Valley vineyard, straddles the derived from the use of a viticultural 560-foot elevation line, T7N, R7W; common boundary line between the area name would be the result of a continue straight northeast at the same Sonoma Coast and Sonoma Valley proprietor's efforts and consumer angle, crossing the Bennett Valley Golf viticultural areas. The vineyard, and the acceptance of wines from that area. Course and Matanzas Creek, to a point immediately surrounding land, is Therefore, no regulatory flexibility on the 500-foot elevation line similar to the Bennett Valley viticultural analysis is required. approximately 400 feet north of the area due to its drainage into the southern boundary of Section 20, T7N, Matanzas Creek watershed, its direct Executive Order 12866 R7W (Santa Rosa Quadrangle); then receipt of the cooling marine influence This rule is not a significant (2) Proceed straight southeast to the from the Crane Canyon gap, and terrain regulatory action as defined by center peak of the three unnamed peaks and soils that are consistent with Executive Order 12866, 58 FR 51735. above the 1,100-foot elevation line, Bennett Valley viticultural area. To Therefore, it requires no regulatory located approximately 1,600 feet avoid again dividing this vineyard assessment. southwest of Hunter Spring, in Section between two viticultural areas, the 28, T7N, R7W (Santa Rosa Quadrangle); petitioners extended their boundary line Drafting Information then about a quarter-mile west into the The principal author of this document (3) Proceed straight east-southeast to a Sonoma Coast viticultural area, creating is N.A. Sutton (Oregon), Regulations 1,527-foot peak in the southeast corner the small, 281-acre overlap. and Procedures Division, Alcohol and of Section 28, T7N, R7W (Santa Rosa The terrain, soils, and microclimate of Tobacco Tax and Trade Bureau. Quadrangle); then this Sonoma Coast overlap are (4) Proceed straight southeast to consistent with the Bennett Valley List of Subjects in 27 CFR Part 9 Bennett Mountain's 1,887-foot peak, viticultural area. The area is totally Wine. Section 34, T7N, R7W (Kenwood within the Matanzas Creek watershed Quadrangle); then Authority and Issuance and on the Sonoma Valley side of the (5) Proceed straight southeast to the dividing ridge. The elevations, from 680 * For the reasons discussed in the 1,309-foot peak located northwest of a to 960 feet, are consistent with the preamble, we amend title 27, Code of water tank and approximately 400 feet surrounding Bennett Valley areas. The Federal Regulations, part 9, American north of the southern boundary of Goulding soils predominate the Viticultural Areas, as follows: Section 35, T7N, R7W (Kenwood overlapping area and are similar to the Quadrangle); then rest of the Bennett Valley area. The PART 9-AMERICAN VITICULTURAL (6) Proceed straight south-southeast to Crane Canyon gap gives this overlap AREAS the 978-foot peak in the northeast quadrant of Section 11, T6N, R7W, and area the same cooling marine influence m 1. The authority citation for part 9 as the rest of the Bennett Valley continues to read as follows: continue straight south-southeast viticultural area. approximately 600 feet to the "T" Authority: 27 U.S.C. 205. intersection of two unimproved roads Notice of Proposed Rulemaking located on the common boundary line Subpart C-Approved American ATF published a notice of proposed between Sections 11 and 12, T6N, R7W Viticultural Areas rulemaking regarding the establishment (Kenwood Quadrangle); then of the Bennett Valley viticultural area in * 2. Subpart C is amended by adding (7) Proceed south along the north- the November 22, 2002, Federal § 9.142 to read as follows: south unimproved road to its Register as Notice No. 963 (67 FR intersection with Sonoma Mountain 70352). In that notice, ATF requested §9.142 Bennett Valley. Road, Section 13, T6N, R7W, and comments by January 21, 2003, from all (a) Name. The name of the viticultural continue straight south to the 1,600-foot interested persons. No comments were area described in this section is elevation line, Section 13, T6N, R7W received concerning the establishment "Bennett Valley". (Glen Ellen Quadrangle); then of the Bennett Valley viticultural area. (b) Approved maps. The appropriate (8) Proceed west along the Therefore, under the provisions of the maps for determining the boundary of meandering 1,600-foot elevation line to Federal Alcohol Administration Act and the Bennett Valley viticultural area are the point where it crosses the common our regulations, we accept the petition four 1:24,000 scale USGS topographic line between Sections 22 and 23, T6N, and establish the Bennett Valley maps. They are titled: R7W (Glen Ellen Quadrangle); then Federal Register/Vol. 68, No. 210/Thursday, October 30, 2003/Rules and Regulations 61749

(9) Proceed straight west-northwest to DATES: This rule is effective from 5 p.m. Background and Purpose the point where the 900-foot elevation on September 24, 2003, until 5 p.m. on line crosses the common line between March 24, 2004. On September 11, 2001, both towers Sections 15 and 16, T6N, R7W, of the World Trade Center and the approximately 500 feet north of the ADDRESSES: Documents indicated in this Pentagon were attacked by terrorists. southwest corner of Section 15 (Cotati preamble as being available in the The President has continued the Quadrangle); then docket, are part of docket [COTP national emergencies he declared (10) Proceed straight northwest to the Mobile-03-022] and are available for following those attacks (68 FR 53665, intersection of Grange Road (known as inspection or copying at Marine Safety Sep. 10, 2003) (continuing the Crane Canyon Road to the west) and the Office Mobile, Brookley Complex, Bldg emergency declared with respect to southern boundary of Section 9, and 102, South Broad Street, Mobile, AL terrorist attacks); (68 FR 55189, Sep. 18, continue straight west along that section 36615-1390 between 8 a.m. and 4 p.m., 2003) (continuing emergency with boundary to the southwest corner of Monday through Friday, except Federal respect to persons who commit, threaten Section 9, T6N, R7W (Cotati holidays. to commit or support terrorism)). The Quadrangle); then President also has found pursuant to FOR FURTHER INFORMATION CONTACT: law, including the Magnuson Act (50 (11) Proceed straight north-northwest Lieutenant (LT) Carolyn Beatty, U.S.C. 191 et seq.), that the security of to the 961-foot peak on the east side of Operations Department, Marine Safety the United States is and continues to be Section 8, T6N, R7W (Santa Rosa Office Mobile, AL, at (251) 441-5771. Quadrangle); and then endangered following the terrorist (12) Proceed straight northwest to the SUPPLEMENTARY INFORMATION: attacks (E.O. 13,273, 67 FR 56215, Sep. peak of Taylor Mountain, returning to Regulatory Information 3, 2002) (security of U.S. endangered by the point of beginning. disturbances in international relations On May 5, 2003, we published a of U.S and such disturbances continue Signed: September 17, 2003. temporary final rule (TFR) entitled to endanger such relations). In response Arthur J. Libertucci, "Security Zone; Bayou Casotte, to these terrorist acts and warnings, Administrator. Pascagoula, MS" in the Federal Register heightened awareness for the security Dated: October 6, 2003. (68 FR 23594) that expired at 5 p.m. on and safety of all vessels, ports, and Timothy E. Skud, September 22, 2003. On July 7, 2003, we harbors is necessary. Deputy Assistant Secretary (Tax, Trade, and published a notice of proposed The Captain of the Port Mobile is TariffPolicy). rulemaking (NPRM) entitled "Security establishing a temporary security zone [FR Doc. 03-27316 Filed 10-29-03; 8:45 am] Zone; Bayou Casotte, Pascagoula, MS" encompassing all waters of Bayou BILLING CODE 4810-31-P in the Federal Register (68 FR 40231). Casotte east of a line drawn from The geographic coordinates that defined position 30o19'54" N, 088o30'37" W to the boundary of the proposed security position 30o20'42" N, 088O30'28" W at DEPARTMENT OF HOMELAND zone were incorrect. the Chevron Pascagoula Refinery. These coordinates are based upon [NAD 83]. SECURITY We did not publish a notice of proposed rulemaking for this temporary This security zone is necessary Coast Guard final rule. Under 5 U.S.C. 553(b)(B), the protect the Chevron Pascagoula refinery, Coast Guard finds that good cause exists persons, and vessels from destruction, 33 CFR 165 for not publishing an NPRM, and under loss, or injury from sabotage or other 5 U.S.C. 553(d)(3), good cause exists for subversive acts, accidents, or other [COTP Mobile-03-022] making this rule effective less than 30 causes of a similar nature. Entry of days after publication in the Federal persons or vessels into this security RIN 1625-AAOO Register because national security and zone is prohibited unless authorized by intelligence officials warn that future the Captain of the Port Mobile or a Security Zone; Bayou Casotte, terrorist attacks against United States designated representative. Chevron Pascagoula Refinery, interests are likely. Current advisories of Regulatory Evaluation Pascagoula, MS terrorist threats and the nature of the AGENCY: Coast Guard, DHS. material handled at the Chevron This rule is not a "significant Pascagoula refinery make this ACTION: Temporary final rule. regulatory action" under section 3(f) of rulemaking necessary for the protection Executive Order 12866, Regulatory SUMMARY: The Coast Guard is of national security interests. Any delay Planning and Review, and does not establishing a temporary security zone in making this regulation effective require an assessment of potential costs encompassing all waters of Bayou would be contrary to the public interest and benefits under section 6(a)(3) of that Casotte east of a line drawn from because action is necessary to protect Order. The Office of Management and position 30019'54" N, 088030'37" W to against the possible loss of life, injury, Budget has not reviewed it under that position 30o20'42" N, 088O30'28" W at or damage to property. Order. It is not "significant" under the the Chevron Pascagoula Refinery. This During the effective period of this regulatory policies and procedures of security zone is necessary to protect the temporary rule, the Coast Guard intends the Department of Homeland Security Chevron Pascagoula refinery, persons, to publish a supplemental NPRM and (DHS). and vessels from destruction, loss, or provide sufficient time for public This rule will not obstruct the regular injury from sabotage or other subversive comments to be submitted. This SNPRM flow of vessel traffic and will allow acts, accidents, or other causes of a with corrected geographic coordinates vessel traffic to pass safely around the similar nature. Entry of persons or for the proposed permanent security security zone. Vessels may be permitted vessels into this security zone is zone will be published in the Federal to enter the security zone on a case-by- prohibited unless authorized by the Register and all comments received will case basis with permission from the Captain of the Port Mobile or a be considered before the Coast Guard Captain of the Port Mobile or a designated representative. imposes a final rule. designated representative.