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

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