Federal Register / Vol. 51, No. 66 / Monday, April 7, 1986 / Proposed Rules 11753

DEPARTMENT OF THE TREASURY SUMMARY: The Bureau of Alcohol, geographical features (climate, soil, Tobacco and Firearms (ATF) is elevation, physical features, etc.) which Internal Revenue Service considering the establishment of a distinguish the viticultural features of viticultural area in the State of 26 CFR Part 1 the proposed area from surrounding to be known as "Arkansas Mountain." areas; ILR-19-80] This proposal is the result of a petition (d) A description of the specific submitted by Mr. Al Wiederkehr, a boundaries of the viticultural area, Unisex Annuity Tables winery owner and grape grower in the based on features which can be found proposed area. The establishment Corrections of on United States Geological Survey viticultural areas and the subsequent (U.S.G.S.) maps of the largest applicable In FR Doc. 86-6294, beginning on page use of viticultural area names in wine scale; and 9978 in the issue of Monday, March 24, labeling and advertising will enable (e) A copy of the appropriate U.S.G.S. 1986, make the following corrections: winemakers to label wines more map(s) with the boundaries prominently 1. On page 9983, in the second column. precisely and will help consumers to marked. in the fourteenth line of § 1.72-5(a)(2)(i), better identify the wines they purchase. insert "be" after "to"; DATES: Written comments must be Petition 2. On page 9984, in the third column, received by May 22, 1986. ATF has received a petition from Mr. the twenty-fifth line of § 1.72-5(b](1) ADDRESSES: Send written comments to: AI Wiederkehr, Chairman of the Board should read "post-June 1986 investment and Chief Executive Officer of in the contract, the expected return is"; Chief, FAA, Wine and Beer Branch, Bureau of Alcohol, Tobacco and Wiederkehr Wine Cellars, Inc., 3. On thesame page, same column proposing an area in northwestern and section, ten lines from the bottom, Firearms, P.O. Box 385, Washington, DC the first word should read "Expected"; 20044-0385 (Notice No. 5883. Arkansas as a viticultural area to be Copies of the petition, the proposed - known as "Arkansas Mountain." The 4. On page 9985, in the first column, in proposed- area contains about 4,500 the thirteenth line of § 1.72-5(b)(2), regulations, the appropriate maps, and "through" should read "though": the written comments will be available square miles. Within the area, 5. On the same page and column, add for public inspection during normal approximately 1,200 acres are currently "contract." to the eighth line of § 1.72- business hours at: ATF Reading Room, planted to grapes. The area is located in 5(b)(2), Example (1); Office of Public Affairs and Disclosure, the mountainous regions of Arkansas, 6. On the same page, in the eleventh Room 4406, Federal Building, 1200 both north and south of the Arkansas line of § 1.72-5(b)(2), Example (2), Pennsylvania Avenue NW., Washington, River. The petitioner states that appearing in the second column, "600" DC. approximately eight wineries are operating within the area. should read "$600", and ten lines below FOR FURTHER INFORMATION CONTACT:. that, insert "of' before "each"; Steve Simon, FAA, Wine and Beer Name of the Area 7. On the same page, in the third Branch, Bureau of Alcohol, Tobacco and column, in the seventh line of § 1.72- Firearms, 1200 Pennsylvania Avenue The petitioner claims that the 5(b)(3), "1938" should read "1939"; NW., Washington, DC 20226 (202-566- proposed viticultural area is known by 8. On page 9986, in the eleventh line of 7626). the name of "Arkansas Mountain." To support this, he submitted the following § 1.72-5[b)(5), Example (1), appearing in SUPPLEMENTARY INFORMATION: the second column, "$960" should read evidence: "$9.60"; Background (a) The name "Arkansas Mountain" has been used on wine labels by the 9. On the same page, in the third ATF regulations in 27 CFR Part 4 column, in § 1.72-5(b)(7), Example (1), in petitioner to designate wines from this provide for the establishment of definite area since 1974. the eleventh line "$715.4" should read viticultural areas. The regulations also "$716.40", and in the second line from (b) Published descriptions of the area allow the name of an approved have referred to it as the "Arkansas the bottom of the column, "white" viticultural area to be used as an should read "while"; Mountains." For example, the "Holiday appellation of origin on wine lables and Inn Magazine for Travelers," in an 10. On page 9989, in § 1.72-6(b), in wine advertisements. Example (1), second column, the dotted October 1969 article entitled "Vineyard Part 9 of 27 CFR provides for the Village," stated: "Finding the grape- fifth line should be deletbd and the first listing of approved word in the next line should read "Plus"; American viticultural laden vineyards, a colorful chalet with areas, the names of which may be used gay window boxes, and huge wine and as appellations 11. On page 9990, in the first column, of origin. cellars in the Arkansas mountains is an in the fourth line of § 1.72-6(d)(3)(ii), the Section 4.25a(e)(1), Title 27 CFR, unexpected adventure to most tourists. second word should read "starting". defines an American viticultural area as Yet the colony has been there for more a delimited grape-growing region than 80 years." Further, the Rev. BILLING CODE 1505-01-M distinguishable by geographical Placidus Oechsle, in his Historical features. Section 4.25a(e)(2) outlines the Sketch of the Congregationof Our Lady Bureau of Alcohol, Tobacco and procedures for proposing an American of PerpetualHelp (1930), wrote as viticultural area. Any interested person Firearms follows: "The Baron. . .praised the may petition ATF to establish a grape- thrifty and industrious settlers of 27 CFR Part 9 growing region as a viticultural area. Teutonic blood, who had made in a few [Notice No. 588] The petition should include- years a garden spot of a wilderness. (a) Evidence that the name of the They had selected the Arkansas Establishment of Arkansas Mountain proposed viticultural area is locally Mountains. . .to become their home." Viticultural Area and/or nationally known as referring to . (c) The origin of the term "Arkansas the area specified in the petition; Mountain," is described by the AGENCY: Bureau of Alcohol, Tobacco (b) Historical or current evidence that and Firearms, Treasury. petitioner in his petition as follows: "Dr. the boundaries of the viticultural area John L. Ferguson states the following ACTION: Notice of proposed rulemaking. are as specified in the petition; information in reference to the Arkansas (c) Evidence relating to the 11754 Federal Register / Vol. 51, No. 66 / Monday, April 7, 1986 / Proposed Rules

Mountains. The name Arkansas came "soil types suitable for grape , States-based enterprises to compete before Ozark or 'Aux Arcs' which production" (according to Professor with foreign-based enterprises in means of the Arkansas or from among Morris). Additionally, Professor Morris domestic or export markets. the Arkansas. The name Arkansas states, "All areas south of the Arkansas comes from the Arkansas Indians who Mountain area would be considered in Paperwork Reduction Act lived in the area. The the Pierce's disease region and in these The provisions of the Paperwork was given its name to indicate that it areas, the Vitis rotundifolia are best Reduction Act of 1980, Pub. L. 96--511, 44 was the river of the Arkansas (Indians); adapted since they are resistant or U.S.C. Chapter 35, and its implementing therefore the Arkansas River. The tolerant to Pierce's disease." Pierce's regulations, 5 CFR Part 1320, do not mountains in the vicinity of the disease is a vine-destroying disease, apply to this notice because no Arkansas River were also given that associated with warm climates, which requirement to collect information is name to mean also the mountains of the attacks vines of the Vitis vinifera proposed. Arkansas (Indians); therefore the species (the species from which most of Arkansas Mountains." the world's wines are produced). Vitis Public Participation-Written Comments vinifera is grown in the proposed Geography of the Area Arkansas Mountain area, but has not A[F requests comments concerning The petitioner declares that the been grown successfully in the region to this proposed viticultural area from all proposed viticultural area is the south of it. interested persons. Furthermore, while distinguished geographically from the this document proposes possible surrounding areas as follows: Boundaries of the Area boundaries for the Arkansas Mountain (a) To the north and west, the area is The boundaries of the proposed viticultural area, comments concerning distinguished from neighboring areas on viticultural area may be found on two other possible boundaries for this the basis of mean winter minimum U.S.G.S maps in the scale of 1:250,000,. viticultural area will be given temperature. The petitioner submitted titled Russellville, Arkansas, and Fort consideration. data collected over 50 years from 42 Smith, Arkansas-. The Comments received before the closing locations (7 inside the area and 35 boundaries would be as described in the date will be carefully considered. outside of it). These data showed that proposed § 9.112. Comments received after the closing locations to the north and west of the proposed area regularly experience Regulatory Flexibility Act date and too late for consideration will significantly colder mean winter The provisions of the Regulatory be treated as suggestions for possible minimum temperatures. According to Flexibility Act relating to an initial and future ATF action. Professor Justin R. Morris of the final regulatory flexibility analysis (5 ATF will not recognize any material Division of U.S.C. 603, 604) are not applicable to this or comments as confidential. Comments Agriculture, this distinction "is due to proposal because the notice of proposed may be disclosed to the public. Any the effects of the mountains." The rulemaking, if promulgated as a final material which the commenter considers protective effects of the Arkansas rule, will not have a significant to be confidential or inappropriate for mountains were described by the economic impact on a substantial disclosure to the public should not be petitioner, quoting at length from number of small entities. The proposal is included in the comment. The name of NaturalResources of the State of not expected to have significant the person submitting a comment is not Arkansas (1869) by James M. Lewis. In secondary or incidental effects on a exempt from disclosure. that book, Mr. Lewis claimed that substantial number of small entities. Any person who desires an protection from cold northern weather is Further, the proposal will not impose, or opportunity to comment orally at a fact that the Ozark and due to the otherwise cause, a significant increase public hearing on these proposed range east and in the reporting, recordkeeping, or other regulations should submit his or her west, rather than north and south (as compliance burdens on a substantial request, in writing, to the Director within with the Appalachians, for example). number of small entities. Consequently, Mr. Lewis said, the Accordingly, it is hereby certified the 45-day comment period. The request mountains provide shelter from violent under the provisions of Section 3 of the should include reasons why' the winds and sudden changes in Regulatory Flexibility Act (5 U.S.C. commenter feels that a public hearing is temperature coming from the north. 605(b)) that this notice of proposed necessary. The Director, however, (b) To the east, the data is ambiguous rulemaking, if promulgated as a final reserves the right to determine, in light as to the existence of a temperature rule, will not have a significant of all circumstances, whether a public difference as described above; but the economic impact on a substantial hearing will be held. eastern boundary does correspond number of small entities. approximately to a topographical List of Subjects in 27 CFR Part 9 change, where the Boston and Ouachita Executive Order 12291 Administrative practice and Mountains begin their descent to ther In compliance with Executive Order procedures, Consumer protection, alluvial plain of the Mississippi River. 12291 of February 17, 1981, the Bureau Viticultural areas, Wine. This topographical change is reflected in has determined that this proposal is not a change in the character of the soil; for a major rule since it will not result in: Drafting Information instance, the Leadville-Taft soils begin (a] An annual effect on the economy The principal author of this document to occur much more frequently; and, of $100 million or more; is Steve Simon, FAA, Wine and Beer within the Linker and Mountainburg (b) A major increase in costs or prices Branch, Bureau of Alcohol, Tobacco and soils, there is an increasing for consumers, individual industries, Firearms. predominance of the Linker variety and Federal, State, or local government a corresponding drop-off in the agencies, or geographical regions; or Issuance Mountainburg. (c) Significant adverse effects on (c) To the south, the boundary of the competition, employment, investment, Accordingly, the Director proposes the proposed area delineates the extent of productivity, or on the ability of United amendment of 27 CFR Part 9 as follows: Federal Register / Vol. 51, No. 66 / Monday, April 7, 1986 / Proposed Rules 11755

PART 9-AMERICAN VITICULTURAL (viii) Then generally eastward along to remove from formal consideration AREAS the Arkansas River to Cadron Creek. changes to the anchor clearance Paragraph A. The authority citation (ix) Then generally northward and regulations. for Part 9 continues to read as follows: northeastward along Cadron Creek to the place where it is crossed by U.S. FOR FURTHER INFORMATION CONTACT: Authority: 27 U.S.C. 205. Highway 65. LTJG D. geese, Project Manager, Office Par. B. The table of sections in 27 CFR (x) From there northward along of Navigation (G-NSR-3), room 1418, Part 9, Subpart C, is amended to add the Highway 65 to its intersection with U.S. Coast Guard Headquarters, 2100 title of § 9.112, to read as follows: near Clinton, Second Street SW., Washington DC Arkansas. 20593, telephone (202) 245-0108. Subpart C-Approved American Viticultural (xi) From there following Highway 16 SUPPLEMENTARY INFORMATION: The Areas generally westward to its intersection Coast Guard's anchor clearance with in Brashears, Sec. regulations now contained in 33 CFR Arkansas. 166.200(b)(2) allow temporary anchors (xii) From there southward along 9.112 Arkansas Mountain. and attendant cables or chains attached Highway 23 to the Madison County- to floating or semisubmersible drilling Franklin County line. rigs, (outsidd of a fairway boundary), to Par. C. Subpart C of 27 CFR Part 9 is (xiii) Then westward and southward within a fairway providing amended by adding § 9.112, which reads along that county line to the Madison be placed depth of water over as follows: County-Crawford County line. that the minimum an anchor line within a fairway is 125 § 9.112 Arkansas Mountain. (xiv) Then westward along that county line to the Washington County- feet. The Army Corps of Engineers (a) Name. The name of the viticultural (COE) regulations contained in 33 CFR area described in this section is Crawford County line. (xv) Then westward along that county 209.135 set out the procedures for the "Arkansas Mountain." temporary placement of anchors for (b) Approved line to Jones Fork (on the Fort Smith maps. The appropriate semisubmersible drilling rigs. The COE maps for determining the boundaries of map). regulations require notice to and Arkansas Mountain viticultural area are (xvi) Then southward along Jones Coast two U.S.G.S. maps. They are titled: Fork until it joins Frog Bayou near Guard review of permits for drilling rigs. (1) Russellville, Arkansas, 1:250,000 Winfrey, Arkansas. The COE regulations also require that series, compiled in 1954. (xvii) Then generally southward along semisubmersible drilling rigs be at least (2) Fort Smith, Arkansas-Oklahoma, Frog Bayou, flowing through Lake 500 feet away from any fairway 1:250,000 series, 1978. Shepherd Springs and Lake Fort Smith, boundary or whatever distance is (c) Boundary-(1) General.The to the-beginning point. necessary to ensure that minimum Arkansas Mountain viticultural area is Approved: March 27, 1986. clearance over an anchor line within a located in Arkansas. The starting point Stephen E. Higgins, fairway will be 125 feet (33 CFR of the following boundary description is Director. 209.135(b)(2)). the point where Frog Bayou converges [FR Doc. 86-7567 Filed 4-4-86; 8:45 am) During the study, it was suggested with the Arkansas River, near BILLING CODE 4810-31-M that the minimum depth of water over a Yoestown, Arkansas, on the Fort Smith semisubmersible drilling rig's temporary map. anchor line be increased to 150 feet (2) Boundary Description-(i)From DEPARTMENT OF TRANSPORTATION since LOOP has handled vessels of 78 the starting point southwestward along feet in draft and can handle vessels with the Arkansas River to Vache Grasse Coast Guard drafts of up to 96 feet. Information on Creek. anchor clearance regulations was (ii) Then southeastward and 33 CFR Part 166 provided by the Eighth Coast Guard southwestward following Vache Grasse District regarding existing vessel traffic, Creek to the place where it is crossed by [CGD 84-0101 , near Greenwood, weather conditions, and the effect that Port Access Study, Gulf of Mexico Arkansas. an increase in anchor clearance regulations would have on offshore (iii) From there westward along AGENCY: Coast Guard, DOT. developers. The information was not Highway 10 to U.S. Highway 71. (Note: ACTION: Supplemental notice of study sufficient enough to indicate a clear and Highway 10 is the primary highway results. leading from Greenwood to Hackett, present need for rulemaking at this time. Arkansas.) SUMMARY: On March 11, 1985 (50 FR The Coast Guard has the ability to (iv) Then southward and eastward 9682), the Coast Guard published a comment on permits and take action in along Highway 71 until it crosses Rock notice of study results for the Gulf of critical situations when the sufficiency Creek. Mexico. In the study results, doubt was of anchor clearance regulations might (v) Then northeastward along Rock raised as to whether the anchor create a problem. Therefore, changes to Creek to Petit Jean Creek. clearance regulations contained in 33 the anchor clearance regulations are (vi) Then generally northeastward and CFR 166.200[b)(2) provide sufficient removed from formal consideration. eastward along Petit Jean Creek until it depth of water over temporary anchor Dated: April 1, 1986. becomes the Petit Jean River (on the chain and attendant cables in the Russellville map). Louisiana Offshore Oil Poit (LOOP) T.J. Wojnar, (vii) Then generally eastward along approach. The notice of study results Rear Admirol, U.S. Coast GuardChief, Office the Petit Jean River, flowing through stated that the issue would be of Navigation. Blue Mountain Lake, until the Petit Jean addressed in a future rulemaking [FR Doc. 86-7626 Filed 4-4-86; 8:45 am] River joins the Arkansas River. document. The purpose of this notice is BILLING CODE 4910-14-M