Federal Register / Vol. 53, No. 26 / Tuesday, February 9, 1988 / Rules and Regulations 3745 I under Executive order 12291 or Subpart D-State Education and Firearms, Ariel Rios Federal Building, significant regulation under the Training Programs 1200 Pennsylvania Avenue NW., regulatory policies and procedures of Washington, DC 20226, (202-566-7626). 2. Section 260.407 is amended by the Department of Transportation. Since SUPPLEMENTARY INFORMATION: the revision in this document is being revising paragraph (a) and adding issued for the purpose of literally paragraph (c) to read as follows: Background complying with statutory language § 260.407 Implementation and On August 23, 1978, ATF published mandated by section 131 of the STURRA reimbursement. Treasury Decision ATF-53 (43 FR 37672, of 1987, public comment is impracticable (a) After execution of the fiscal 54624) revising regulations in 27 CFR, and unnecessary. Therefore, the FHWA agreement, the State may make grants Part 4. These regulations allow the finds good cause to make the revisions and contracts with public and private establishment of definite viticultural final without notice and opportunity for agencies, institutions, Individuals, and areas. comment and without a 30-day delay in the National Highway Institute to On October 2, 1979, ATF published effective date under the Administrative provide highway-related training and Treasury Decision ATF-60 (44 FR 56692) Procedure Act. Notice and -opportunity education. The principal recipients of which added a new Part 9 to 27 CFR, for comment are not required under the this training shall be employees who are providing for the listing of approved regulatory policies and procedures of engaged or likely to be engaged, in American viticultural areas, the names the Department of Transportation Federal-aid highway work. of which may be used as appellations of because it is not anticipated that such * * * * * origin. action could result in the receipt of (c] As provided in 23 U.S.C. 321(c), Section 4.25a(e)(1), Title 27, CFR, useful information since the revisions education and training for subject areas defines an American viticultural area as incorporated in the regulation require no that are identified by the FHWA as a delimited grape-growing region interpretation and provide for no Federal program responsibilities, shall distinguished by geographical features, discretion. It is anticipated that the be provided at no cost to State and local the boundaries of which have been economic impact of this rulemaking, governments. delineated in Subpart C of Part 9. Section 4.25a(e)(2) outlines the although mandated by the statutory [FR Doc. 88-2641 Filed 2-8-8 8:45 am] provisions themselves, will be minimal. procedure for proposing a viticultural BILLING CODE 4910-22-M Therefore, a full regulatory evaluation is area. Any interested person may not required. For this reason and under petition ATF to establish a grape- growing region as a viticultural area. the criteria of the Regulatory Flexibility DEPARTMENT OF THE TREASURY Act, the FHWA hereby certifies that this The petition should include- action will not have a significant Bureau of Alcohol, Tobacco and (a) Evidence that the name of the economic impact on a substantial Firearms proposed viticultural area is locally number of small entities. and/or nationally knoWn as referring to 27 CFR Part 9 the area specified in the petition; In consideration of the foregoing, the evidence that Part 260, Subpart D (b) Historical or current FHWA is amending [T.D. ATF-267; Re: Notice No. 6351 the' boundaries of the viticultural area of Title 23, Code of Federal Regulations, as specified in the petition; as set forth below. Western Connecticut Highlands are Viticultural Area; CT (c) Evidence relating to the (Catalog of Federal Domestic Assistance geographical characteristics (climate, Number 20.205, Highway Planning and AGENCY: Bureau of Alcohol, Tobacco soil, elevation, physical features, etc.) Construction. The regulations implementing and Firearms, Treasury. which distinguish the viticultural Executive Order 12372 regarding ACTION: Final rule; Treasury decision. features of the proposed area from intergovernmental consultation on Federal surrounding areas; programs and activities apply to this SUMMARY: This final rule establishes a (d) A description of the specific program.) viticultural area in Connecticut known boundaries of the viticultural area, as Western Connecticut Highlands. The List of Subjects in 23 CFR Part 260 based on features which can be found viticultural area is made up of all of on United States Geological Survey Grant programs-transportation, Litchfield County and parts of Fairfield, (U.S.G.S.) maps of the largest applicable Highways and roads, Scholarships and New Haven and Hartford Counties. This scale; and fellowships. final rule is based on a notice of (e) A copy of the appropriate U.S.G.S. proposed rulemaking published in the Issued on: February 3,1988. maps with the boundaries prominently Federal Register on August 11, 1987, at marked. R.D. Morgan, 52 FR 29705, Notice No. 635. The Executive Director,Federal Highway establishment of viticultural areas and Petition Administration. the subsequent use of viticultural area ATF received a petition for a The Federal Highway Administration names as appellations of origin in wine viticultural area encompassing the hereby amends Title 23, Code of Federal labeling and advertising will help western highlands area of Connecticut Regulations, Chapter L Part 260, as set consumers better identify wines they which borders on New York and forth below. purchase. The use of this viticultural Massachusetts. The viticultural area is area as an appellation of origin will also known as Western Connecticut PART 260-EDUCATION AND help winemakers distinguish their" Highlands. The petition was submitted TRAINING PROGRAMS products from wines made in other by Mr. &Mrs. William Hopkins of areas. Hopkins Vineyard, New Preston, 1. The authority citation for Part 260 EFFECTIVE DATE: March 10, 1988. Connecticut. continues to read as follows: FOR FURTHER INFORMATION CONTACT. Within the Western Connecticut Authority: 23 U.S.C. 315,321 (b) and (c); 49 Edward A. Reisman, Wine and Beer Highlands viticultural area there are CFR 1.48(b). Branch, Bureau of Alcohol, Tobacco and four wineries, with others being 3746 Federal Register / Vol. 53, No. 26 / Tuesday, February 9, 1988 / Rules and Regulations

established. In addition, there are six the Central Lowlands or Central Valley freezing temperatures throughout the grape growers. Overall the area covers (Connecticut River influence), (3] the Connecticut regions usually begin about approximately 1,570 square miles or Western Highlands and (4) the Eastern the middle of November, and end by the 1,004,550 acres. Highlands. last week in March along the Coastal The Coastal Lowlands and Central Lowlands and early in April in the Evidence of Name Valley have elevations ranging from 0 to Western and Eastern Highlands. The name Western Connecticut less than 500 feet above sea level. The The area to the west of the viticultural Highlands is descriptive of the rolling long broad Central Valley actually area is the Hudson River Region, a hills and small mountains in the western begins far to the north in New complex distinct geological region part of Connecticut which are different Hampshire, Vermont and characterized by the Hudson River from the surrounding area in Massachusetts. Valley and surrounding hills. This area Connecticut, southwestern The Western and Eastern Highlands has been a grape-growing region for Massachusetts and southeastern New are somewhat similar in climate and over 300 years. In 1982, the Hudson York state. other features but are geographically River Region (encompassing The petitioner provided separated by the Central Valley. There approximately 3,500 square miles) was documentation from various sources to are some bonded wineries and grape established as an American viticultural support only the name Western growers in the Eastern Highlands. There area. Highlands. The name Western are no bonded wineries located in the Immediately north of the viticultural Highlands has been used by the Central Valley. area is the Berkshire Mountain region of Connecticut Agricultural Experimental The Western Highlands are an Massachusetts and further north is the Station, and the U.S. Soil Conservation extension of the Green Mountain and Green Mountain Range. The Berkshire Service in the publication Soils of Taconic Ranges to the north in Mountain region is similar in broad Connecticut, Bulletin #787, Dec. 1980, by Massachusetts with the general physiography to the viticultural area. Hill, Sauter and Gonick, to describe the elevation in the viticultural area varying However, it is further north than the area. The name Western Highlands is from 200 to 1,500 feet above sea level. Western Connecticut Highlands and has also commonly referred to on the The Western Highlands are generally a slightly cooler climate. The elevation General Soil Map of Connecticut. The more rugged than the corresponding is higher in the Green Mountain Range petitioner also included excerpts from Eastern Highlands which have altitudes which is further into the northern the book Connecticut:A New Guide by varying from 200 to 1,000 feet above sea interior, resulting in a more rugged level. William Bixby (Scribner's, 1974). The terrain, colder average temperatures, excerpts gave a description of the (b) Precipitation and a shorter growing season than the Western Highlands region as well as Snowfall is heavier in the Western viticutural area and the Berkshire other regions of Connecticut. Mountain Range. The petitioner acknowledges that the Connecticut Highlands than anywhere area is locally called Western else in the state, and ranges from 35 to (d) Soils and Geography 100 inches annually. Long-term records Highlands. However, the petitioner The soils within the Western chose the viticultural area name indicate that there is considerable variation in seasonal amounts of Connecticut Highlands viticultural area Western Connecticut Highlands because are predominantly formed in glacial till that name would distinguish the area snowfall in the viticultural area; in one location more than 130 inches fell in one derived from gneiss, schist and granite. from all other highland areas in the The Hollis-Charlton, Paxton- United States. ATF has no objection to year, during another year at the same location only 37 inches fell. Snowfall Woodbridge, Charlton-Hollis, and the viticultural area name Western Stockbridge-Farmington-Amenia soils Connecticut Highlands since evidence of varies throughout the State; lighter along the Coastal Lowlands and heavier in the are the most commonly found soil series the name Western Highlands was well of the Western Connecticut Highlands. documented in the petition and the northwest portion of the viticultural area. The northwestern portion of the The Eastern Highlands also have the further qualification "Connecticut" viticultural area receives about 100 same soils except that the Stockbridge- accurately describes the geographic Farmington-Amenia soils are only found location of this grape-growing region. inches of snow annually. At the Coastal Lowlands the average annual rainfall is in the Western Connecticut Highlands. Evidence of Boundaries lower than in the Western Highlands. The north-south strip of lowland bisected by the Connecticut River The boundaries of the viticultural area (c) Temperature comprises the Central Valley, which are based on distinguishing geographic The Eastern and Western Highlands extends northerly from the Long Island features as well as established and have mean annual temperatures of 47 'F. Sound into Massachusetts. Although proposed grape-growing in the area. One and 46 *F., respectively. The mean broken with occasional traprock ridges, U.S.G.S. map was submitted by the annual temperature for the Coastal most of the land is gently sloping with petitioner with the boundaries Lowlands is 50 *F. and the Central productive agricultural soils. prominently marked on it. The basis for Valley is 490. Because of their relatively The Central Valley is dominated by recognition of these boundaries is low elevation the Coastal Lowlands and soils formed in glacial till derived from name, supported by the unique Central Valley have warmer climates sandstone, shale, conglomerate and geography and climate found only in this than the viticultural area. The climate of basalt. section of Connecticut. the Coastal Lowlands and to some The Wethersfield-Holyoke- Evidence of Geographic Features extent the climate of the Central Valley Broadbrook, Penwood-Manchester, are also greatly influenced by the Windsor-Ninigret-Merrimac, Elmwood- (a) Physical Features moderating effect of the Long Island Buxton-Scantic, and Hadley-Winooski The State of Connecticut can be Sound. soils are the most commonly found soil divided into four physiographic zones: The winters in Connecticut are not as series of the Central Valley. These soil (1) The Coastal Lowlands or Coastal long, or as severe, as they are in the series are not found in the Western or Plain (Long Island Sound influence), (2) northern New England states. In the fall, Eastern Highlands. Federal Register / Vol. 53, No. 26 / Tuesday, February 9, 1988 / Rules and Regulations 3747

Connecticut's southern boundary is (b)A major increase in costs or prices Connecticut Highlands viticultural area formed by 253 miles of irregular for consumers, individual industries, are as follows: shoreline on the Long Island Sound. Federal, state, or local government (1) The beginning point is where Along this shore stretches a narrow strip agencies, or geographic regions; or Connecticut Route #15 (Merritt of fairly level land designated as the (c) Significant adverse effects on Parkway) meets the Connecticut-New Coastal Lowlands. The coastline is competititon, employment, investment, York State line near Glenville, CT, in the chararacterized by alternating limited productivity, innovation, or on the Town of Greenwich. sections of sandy beach, rocky bluffs, ability of United States-based (2) The boundary goes approximately and salt water marshes, indented with enterprises to compete with foreign- 80 miles northerly along the numerous small coves and inlets. This based enterprises in domestic or export Connecticut-New York State line to the area is greatly influenced by the markets. northwest corner of Connecticut at the moderating temperatures of the Long Paperwork Reduction Act Town of Salisbury (Connecticut-New Island Sound. York-Massachusetts State line); The provisions of the Paperwork Notice of Proposed Rulemaking (3) The boundary proceeds Reduction Act of 1980, Pub. L. 96-511, 44 approximately 32 miles east along the On August 11, 1987, Notice No. 635 U.S.C. Chapter 35, and its implementing Connecticut-Massachusetts State line ta was published in the Federal Register regulations, 5 CFR Part 1320, do not the northeast border of the Town of with a 45-day comment period. In that apply to this final rule because no Hartland; Notice, ATF invited comments from all requirement to collect information is (4) The boundary runs approximately interested parties regarding the proposal imposed. to establish "Western Connecticut 5 miles south along the eastern Highlands" as an American viticultural Drafting Information boundary of the Town of Hartland to the area. No comments were received from The principal author of this document northeast corner of the Town of the public during the comment period. is Edward A. Reisman, Wine and Beer Barkhamstead (Litchfield-Hartford Branch, Bureau of Alcohol, Tobacco and County line); Miscellaneous Firearms. (5) The boundary then goes south ATF does not wish to give the approximately 25 miles along the impression by approving "Western List of Subjects in 27 CFR Part 9 Litchfield-Hartford County line to the Connecticut Highlands" as a viticultural Administrative practice and southeast corner of the Town of area that it is approving or endorsing the procedure, Consumer protection. Plymouth (Litchfield-l-lartford-New quality of the wine derived from this Viticultural areas, Wine. Haven County line); area. ATF is approving this area as (6) The boundary then travels Authority and Issuance being distinct and not better than other approximately 7 miles west along the areas. By approving this viticultural 27 CFR Part 9-American Viticultural Litchfield-New Haven County line to area, wine producers are allowed to areas is amended as follows: Connecticut Route #8 at Waterville in claim a distinction on labels and the Town of Wiaterbury; advertisements as to the origin of the PART 9-[AMENDED] (7) The boundary proceeds grapes. Any commercial advantage Paragraph1. The authority citation for approximately 25 miles south along gained can only come from consumer Part 9 continues to read as follows: Connecticut Route #8 to the intersection acceptance of wines from "Western of Connecticut Route 15 (Merritt Authority: 27 U.S.C. 205. Connecticut Highlands." Parkway) near Nichols in the Town of Par. 2. The table of contents in 27 CFR Trumbull; Regulatory Flexibility Act Part 9, Subpart C, is amended to add the (8) The boundary travels The provisions of the Regulatory title of 9.122 to read as follows: approximately 32 miles west along Flexibility Act relating to a final Subpart C-Approved American Viticultural Connecticut Route 15 (Merritt Parkway) U.S.C. regulatory flexibility analysis (5 Areas to the beginning point. 604) are not applicable to this final rule Signed: January 11, 1988. because it will not have a significant Sec. economic impact on a substantial Stephen E. Higgins, number of small entities. The final rule 9.122 Western Connecticut Highlands. Director. will not impose, or otherwise cause, a Par. 3. Subpart C is amended by Approved: January 19, 1988. significant increase in reporting, adding § 9.122 to read as follows: John P. Simpson, recordkeeping, or other compliance Deputy Assistant Secretory (Regulatory, burdens on a substantial number of Subpart C-Approved American 'Tradeand Tariff Enforcement). small entities. Accordingly, it is hereby. Viticultural Areas [FR Doc. 88-2541 Filed 2-8-88;.8:45.aml certified under the provisions of section BILLING CODE 4810-31-M 3 of the Regulatory Flexibility Act (5 § 9.122 Western Connecticut Highlands. U.S.C. 605 (b)) that this final rule will (a) Name. The name of the viticultural area described in this section is not have a significant economic impact DEPARTMENT OF THE INTERIOR on a substantial number of small "Western Connecticut Highlands." entities. (b) Approved map. The approved map National Park Service for determining the boundaries of the Executive Order 12291 "Western Connecticut Highlands" 36 CFR Part 7 In compliance with Executive Order viticultural area is 1 U.S.G.S. 1:125,000 12291, ATF has determined that this series map. It is titled State of Upper Delaware Scenic and final rule is not a "major rule" since it Connecticut, Compiled in 1965, Edition Recreational River, Pennsylvania and will not result in: of 1966. New York; Fishing Regulations (a) An annual effect on the economy (c) Boundary description. The of $100 million or more; boundaries of the proposed Western AGENCY: National Park Service, Interior.