36398 Federal Register / Vol. 51, No. 197 / Friday, October 10, 1986 / Rules and Regulations burdens on a substantial number of Authority and Issuance east of U:S. Reservation Brookhaven National Laboratory; small entities. - PART 9-4AMENDED) .Accordingly, it is hereby certified (3) Then the boundary travels east on under the provisions of section 3 of the 27 CFR Part 9--American Viticultural the Peconic River (Brookhaven/ Regulatory Flexibility Act (5 U.S.C. Areas is amended as follows: Riverhead Town line) for 2.7 miles until 605(b)) that this final rule, will not have Paragraph 1. The authority citation for it meets the Riverhead/Southampton a significant economic impact or impose Part 9 continues to read as follows: Township line on the Riverhead, N.Y., U.S.G.S. map; complianceburdens on-a substantial Authority- 27 U.S.C. 205. number of small entities. (4) It then goes east on the Riverhead/ Par. 2. The table of contents in 27 CFR Southampton Township line for 4.2 miles Executive Order 12291 Part 9, Subpart C, is amended to add the until it reaches an area where the title of §9.113 to read as follows: Peconic River widens north of Flanders; It has been determined thatthis final Subpart C-Approved American Viticultural (5) Then the boundary proceeds east rule is'not classified as a "major rule" to Orient Point then west along the within the meaning of Executive Order Areas Sec. shoreline, beaches, islands, and 12291, 46 FR 13193 (1981), because it will mainland areas of the North Fork of not have an annual effect on the 9.113 Long Island, described on the "New economy of $100 million or more; it will North Fork of Long Island. York," "Providence," and "Hartford" not result in a major increase in costs or Par. 3. Subpart C, is amended by U.S.G.S. maps until it reaches the prices for consumers, individual adding §9.113 to read as follows: Brookhaven/Riverhead Township line at industries, Federal, State, or local the point of beginning. These boundaries agencies, or geographical Subpart C-Approved American government Viticultural Areas consist of all the land (and isolated regions; .and it will not have significant islands including without limitation, adverse effects on competition, § 9.113 North Fork of Long Island. Wicopesset Island, Robins Island,' employment, investment, productivity, (a) Name. The name of the viticultural Fishers Island, Great Gull Island, Plum innovation, or on the ability of the area described in this section is "North Island, and Shelter Island) in the United States-based enterprises to Fork of Long Island." Townships of Riverhead, Shelter Island, compete with foreign-based enterprises (b) Approved maps. The appropriate and Southold. in domestic or export markets. maps for determining the boundaries of Signed: September 10,1986. the "North Fork of Long Island" Stephen K Higgins, Paperwork Reduction Act - viticultural area are 5 U.S.G.S. maps. Director. The provisions of the'Paperwork They are entitled: (1) Wading River, N.Y., 7.5 minute Approved September 23,1986. Reduction Act of 1980, Pub. L.96-511, 44 Michael H. Lane, U.S.C. Chapter 35, and its implementing series, scaled at 1:24,000 edition of 1967, (2) Riverhead, N.Y., 7.5 minute series, Deputy AssistantSecretary, Regulatory, regulations, 5 CFR. Part 1320, do not Trade and TariffEnforcement apply to this final rule because no , scaled at 1:24,000, edition of 1956. (3) New York, N.Y.; N.J.; Conn., U.S., [FR Doc. 86-22968 Filed 10-0-86;.8:45 am] requirement to collectinformation is BIWLNG COOE 4810-31-UM proposed. 1:250,000 series, scaled at 1:250,000, edition of 1960, revised 1979. Miscellaneous (4) Providence, R.I.; Mass.; Conn., N.Y., U.S., 1:250,000 series, scaled at 27 CFR Part 9 ATF does not wish to give the - 1:250,000, edition of 1947, revised 1969. [T.D. ATF-238; Ret. Notice No. 5931 impression by approving "The'North (5) Hartford, Conn.; N.Y.; N.J.; Mass., Fork of Long Island" as a viticultural U.S., 1:250,000 series, scaled at 1,250,000, Bell Mountain Viticultural Area area that it is approving or endorsing the edition of 1962, revised 1975. quality of the wine derived from this (c) Boundaries.The boundaries of the AGENCY: Bureau of Alcohol, Tobacco area. ATF is approving this area as proposed viticultural area-are as and Firearms, Treasury. being distinct and not better than other follows: The North Fork of Long Island ACTION: Final rule; Treasury decision. areas. By approving this area, wine viticultural area is located entirely producers are allowed to claim a within eastern Suffolk County, Long SUMMARY: The Bureau of Alcohol, Island, New York. The viticultural area Tobacco and Firearms (ATF) has distinction on labels and advertisements decided to establish a viticultural area as to the origin of the grapes. Any boundaries consist of all of the land areas of the North Fork of Long Island, in Texas to be known as "Bell commercial advantage gained can only Mountain." This decision is the result of come from consumer acceptance of New York, including all of the mainland, shorelines and islands in the Townships a petition submitted by Mr. Robert P. wines from "The North Fork of Long Oberhelman, a grape grower in the area. Island." ' of Riverhead, Shelter Island, and Southold. The establishment of viticultural areas use of viticultural List of Subjects in 27 CFR Part 9 (1) The point of beginning is on the and the subsequent Wading River, N.Y., 7.5 minute series, area names as appellations of origin in Administrative practice and U.S.G.S. map at the northern boundary wine labeling and advertising enables procedures, Viticultural areas, of the Brookhaven/Riverhead Township winemake rs to label wines more Consumer protection, Wine. line on the Long Island Sound precisely and helps consumers to better identify the wines they purchase. Drafting Information (approximately 500 feet east of the mouth of the Wading River; EFFECTIVE DATE: November 10,4986. The principal author of this document (2) The boundary goes south on the FOR FURTHER INFORMATION CONTACT. is Edward A. Reisman, FAA, Wine and Brookhaven/Riverhead Town line for Mr. Steve Simon, FAA, Wine and Beer Beer Branch, Bureau of Alcohol, approximately 6.5 miles until it meets Branch, Bureau of Alcohol, Tobacco and Tobacco and Firearms.. the Peconic River approximately 1 mile Firearms, 1200 Pennsylvania Avenue, Federal Register / Vol. 51, No. 197 / Friday, October 10, 1986 / Rules and Regulations 36399

NW., Washington. DC 20226, (202-566- (b) The mountain has been labeled described in new§ 9'.55, as added by 7626). with this name on maps of the U.S. this Treasury decision. SUPPLEMENTARY INFORMATION: Geological Service since 1885, when the Miscellaneous first such map was published for the Background area. At an elevation of 1,956 feet, Bell ATF does not want to give the ATF regulations in*27 CFR Part 4 Mountain is the highest point in the impression by approving "Bell provide for the establishment of definite local area. Mountain" as a viticultural area that it or endorsing the quality of viticultural areas. The regulations also Geography of the Area is apprQving allow the name of an approved the wine from this area. ATF is viticultural area to be used as an The following evidence shows that the approving this area as being distinct but appellation of origin on wine labels and new viticultural area is distinguished not better than other areas. By in wine advertisements. - * geographically from the surrounding approving this area, ATF will allow Part 9 of 27 CFR provides for the areas: wine producers to claim a distinction on listing of approved American viticultural (a) To the north and northeast, the labels and advertisements as to the areas, the names of which may be used area is distinguished by the steepness of origin of the grapes. Any. commercial as appellations of origin. the mountain slopes outside the advantage can only come from 27 CFR, boundaries of the area. Further, soil consumer acceptance of "Bell Section 4.25a(e}(1), Title Mountain" wines. defines an American viticultural area as conditions outside the area preclude a delimited grape-growing region viticulture on those other slopes of Bell Regulatory Flexibility Act distinguishable by geographical Mountain. The petition states: "The features. Section 4.25a(e)(2) outlines the granite protrudes through the ground The provisions of the Regulatory procedures for proposing an American surface profusely on the Peak's northern Flex ibility Act relating to a final viticultural area; Any interestedperson sl6pe, therefore making tillage regulatory flexibility analysis (5 U.S.C. may petition ATFto establish a grape; impossible. For this reason, only the 604) are not applicable to this final rule, growing region as a viticultural area. slopes to the south and southwest are because it will not have a significant included in the boundary of the' economic impact on a substantial Petition proposed Viticultural Area." number of small entities. The final rule ATF received a petition from Mr. (b) In other directions, the viticultural is not expected to have significant Robert P. Oberhelman. president of area is distinguished by soil types and secondary or incidental effects on a Oberhellmann Vineyards, proposing an by the topographical limits of the slopes substantial number of small entities. area in Gillespie County, Texas, as a of Bell Mountain. With respect to soil, Further, the final rule will not impose, or viticultural area to be known as "Bell the petition states as follows: otherwise cause, a significant increase Mountain." The area contains about 5 The soils within the boundaries of the in the reporting, recordkeeping, or other square miles and is located along the proposed Viticultural Area are identified on compliance burdens on a substantial southern and southwestern slopes of the map as "pp-Pedernales-Pontotoc number of small entities. Bell Mountain, about 15 miles north of Association". The description reads "Non- Accordingly, it is hereby certified Fredericksburg, Texas. The area's Calcareous, sandy, loam soils, with light under the provisions of section 3 of the winegrape acreage consists of about 45 sandy clay subsoil. Udic Palenstalfs; Typic Regulatory Flexibility Act (5 U.S.C. is one Rhodustaifs". These soils are unique in the 605(b)) that this final rule will not have a acres on two vineyards. There general area referred to as the "Hill Country" bonded winery operating within the or the Edwards Plateau in that they are ' significant economic impact on a area. slightly acid, whereas most of the soils are substantial number of small entities. Notice of Proposed Rulemaking calcareous, or lime-bearing. Executive Order 12291 In response to the petition, ATF In support of this statement, the In compliance with Executive Order published a notice of proposed petitioner submitted a copy of a soil- 12291 of February 17,1981, the Bureau rulemaking, Notice No. 593, in the map from the book, Eastern Hill has determined that this final rule is not Federal Register on Tuesday, June CountryResource Conservation& a major rule, since it will not result in: 3, 1986 (51 FR 19854]. That notice Development Project,published by the U.S. Department of Agriculture in 1968. (a) An annual effect on the economy proposed establishment of the "Bell of $100 million or more; Mountain" viticultural area and solicited This map shows that the proposed viticultural area boundaries correspond (b) A major increase in costs or prices public comment concerning the individual industries, proposal. approximately to the limits of the area for consumers, with soils of the Pedernales-Pontotoc Federal, State, or local government No comments have been received. agencies, or geographical regions; or Therefore, this document establishes the Association. This is the only occurrence "Bell Mountain" viticultural area of these soils shown anywhere on that (c) Significant adverse effects on without change from the proposal in map. competition, employment, investment, Notice No. 593. (c) In addition, the petition states that productivity, innovation, or on the "The area is drier than the Pedernales ability of United States-based Name of the Area valley to its south and the Llano valley enterprises to compete with foreign- The following evidence, submitted by to its north. It is also cooler due to its based enterprises in domestic or export the petitioner, establishes that the new elevation, and constant breezes." markets. viticultural area is known by the name Boundaries of the Area Paperwork Reduction Act of "Bell Mountain": (a) The mountain on which the The boundaries of the "Bell The provisions of the Paperwork viticultural area is located was first Mountain" viticultural area may be Reduction Act of 1980, Pub. L 96-511,44 given the name "Bell Mountain' by found on one U.S.G.S. map of the 7.5 U.S.C. Chapter 35, and its implementing early settlers of the area in the mid minute series, titled Willow City regulations, 5 CFR Part 1320, do not nineteenth century. Quadrangle. The boundaries are apply to this final rule, because no 36400 Federal Register /_Vol. 51, No. 197 / Friday, -October'10, 1986 / RRules and Regulations requirement to collect information is (v) Then continuing westward along provisions of the 72 COLREGS without imposed. the light-duty road to. the intersection interfering with their special functions List of Subjects in 27 CFR Part 9 having an elevation of 1,702 feet; as naval tank landing ships. The (vi) Then turning southward along the intended effect of this rule is to warn Administrative practice and light-duty road to the intersection having mariners in waters where 72 COLREGS procedures, Consumer protection, an(vii) elevation Then of 1,736 feet; apply. Viticultural areas, Wine. turning westward along the EFFECTIVE DATE: September 26, 1986. Drafting Information light-duty road to the intersection having an elevation of 1,784 feet; FOR FURTHER INFORMATION CONTACT. The principal author of this document (viii) Then turning southward and Captain P.C. Turner, JAGC, U.S. Navy, is Mr. Steve Simon of the FAA, Wine then westward, following the light-duty Admiralty Counsel, Office of the Judge and Beer Branch, Bureau of Alcohol, road to its intersection with Texas Advocate General, Navy Department, Tobacco and Firearms. Highway 16, where marked with an 200 Stovall Street, Alexandria, VA Issuance elevation of 1,792 feet; 22332-2400 Telephone number: (202) (ix) Then due westward to the 325-9744. Accordingly, 27 CFR Part 9 is longitude line 98' 45'; SUPPLEMENTARY INFORMATION: Pursuant amended as follows: (x) Then northward along that to the authority granted in 33 U.S.C. PART 9-AMERICAN VITICULTURAL longitude line to a point due west of an 1605, the Department of the Navy unnamed peak with an elevation of 1,784 AREAS - amends 32 CFR Part 706. This feet; amendment provides notice that the Paragraph A. The authority citation (xi) Then due eastward to the summit Secretary of the Navy has certified that for Part 9 continues to read as follows: of that unnamed peak; (LST 1186) and USS (xii) Then in a straight line eastward USS CAYUGA Authority: 27 U.S.C. 205. (LST 1190) are vessels of the to the intersection of an unnamed BOULDER Par. B. The table of sections in 27 CFR unimproved road with Texas Highway Navy which, due to their special Part 9, Subpart C, is amended to add the 16, where marked with an elevation of construction and purpose, cannot Annex title of § 9.55, to read as follows: 1,822 feet; comply fully with 72 COLREGS, (xiii) Then following that unnamed I, section 3(a), pertaining to the road, taking the right-hand fork at an placement of the after masthead light Subpart C-Approved American Vitlcultural distance between the Areas intersection, to a point due west of the and the horizontal forward and after masthead lights, Sec. summit of Bell Mountain; (xiv) Then due eastward to the without interfering with their special summit of Bell Mountain. function as Navy ships. The Secretary of 9.55 Bell Mountain. the Navy has also certified that the Signed: September 11, 1988. aforementioned lights are located in Par. C. Subpart C of 27 CFR Part 9 is Stephen E. Higgins, closest possible compliance with the amended by adding §9.55, which reads Director. applicable 72 COLREGS requirements. as follows: Approved: September 23, 1986. Moreover, it has been determined, in § 9.55 Bell Mountain. Michael H. Lane, accordance with 32 CFR Parts 296 and (a) Name. The name of the viticultural Deputy Assistant Secretary,Regulatory, 701, that publication of this amendment Trade, and TariffEnforcement. area described in this section is "Bell for public comment prior to adoption is Mountain." [FR Doc 86-22967 Filed 10-9-86; 8:45 am] impracticable, unnecessary, and (b) Approved map. The appropriate BILLING CODE 4610-31-M contrary to public interest since it is map for determining the boundaries of based on technical findings that the the Bell Mountain viticultural area is placement of lights on these vessels in a manner differently from that prescribed one U.S.G.S. map, titled: Willow City DEPARTMENT OF DEFENSE Quadrangle, 7.5 minute series, 1967. herein will adversely affect the ships' (c) Boundary-1) General.The Bell Department of the Navy ability to perform their military Mountain viticultural area is located in functions. Gillespie County, Texas. The starting 32 CFR Part 706 point of the following boundary List of Subjects in 32 CFR Part 706 Certifications description is the summit of Bell and Exemptions Under the International Regulations for Marine safety, Navigation (Water), Mountain (1,956 feet). Vessels. (2) Boundary Description-li)From Preventing Collisions at Sea, 1972; the starting point, the boundary Amendment I PART 706-[AMENDED) proceeds due southward for exactly one AGENCY: Department of the Navy, DOD. half mile; ACTION: Final rule. Accordingly, 32 CFR Part 706 is (ii) Then southeastward in a straight amended as follows: line to the intersection of Willow City SUMMARY: The Department of the Navy Loop Road with an unnamed is amending its certifications and 1. The authority citation for 32 CFR unimproved road, where marked with exemptions under the International Part 706 continues to read: an elevation of 1,773 feet; Regulations for Preventing Collisions at Authority: 33 U.S.C. 1605. (iii) Then generally southward along Sea, 1972 (72 COLREGS), to reflect that Willow City Loop Road (a light-duty the Secretary of the Navy has 1706.2 [Amended) road) to Willow City. determined that USS CAYUGA (LST 1. Table Five of § 706.2 is amended by (iv) Then continuing southward and 1186) and USS BOULDER (LST 1190) are adding, the following Navy ships to the westward along the same light-duty vessels of the Navy which, due to their list of vessels therein to indicate the road to the intersection having an special construction and purpose, certifications issued by the Secretary of elevatina of 1,664 feet; ... cannot comply fully with certain the Navy: