28260 Federal Register / Vol. 49, No. 134 / Wednesday, July 11, 1984. / Proposed Rules

[1) The beginning point is the-point at (17) The boundary follows this range DATES: Written comments must be which the Santa Cruz-Monterey County line south to the township line dividing received by August 27 1984. line meets the Pacific Ocean. (Monterey Township 28 South from Township 29 ADDRESS: Send written comments to: map) South. (San Luis Obispo map) Chief, FAA, Wine and Beer Branch, (2) The boundary follows the Santa. (18) The boundary follows this Bureau of Alcohol, Tobacco and Cruz-Monterey County line easterly to township line west to the range line Firearms, P.O. Box 385, Washington, DC the Santa Cruz-San Benito County line. dividing Range 13 East from Range 14 20044-0385 (Notice No. 533). (Monterey map] East. (San Luis Obispo map) Copies of the petition, the proposed (3) The boundary follows the Santa (19) The boundary follows this range regulations; the appropriate maps, and Cruz-San Benito County line easterly to line south to the boundary of the Los the written comments will be available the San Benito-Santa Clara County line. Padres National Forest. (San Luis for public inspection during normal (Monterey map) Obispo map) business hours at: ATF Reading Room, (4) The boundary follows the San (20) The boundary follows the Room 4407 Federal Building, 12th and Benito-Santa Clara County line easterly boundary of the Los Padres National Pennsylvania Avenue, NW,, to the point at-which California Forest southeasterly to the creek of Toro Washington, DC. Highway 156 crosses it. (Monterey map) Canyon. (San Luis Obispo, Santa Maria, (5) The boundary follows California and Los Angeles maps) FOR FURTHER INFORMATION CONTACT. Highway 156 northerly to California (21) The boundary follows the creek of Edward A. Reisman, FAA, Wine and Highway 152. (Monterey map) Toro Canyon southerly to the Pacific Beer Branch, Bureau of Alcohol, (6) The boundary follows California Ocean. (Los Angeles map) Tobacco and Firearms, 1200 Highway 152 northerly to the 370 North (22) The boundary follows the Pennsylvania Avenue, NW., latitude parallel. (Monterey map) shoreline of the Pacific Ocean northerly Washington, DC 20226 (202-566-7620). (7) The boundary follows the 370 to the beginning point. (Los Angeles, SUPPLEMENTARY INFORMATION: North latitude parallel east to the range Santa Maria, San Luis Obispo, and Background line dividing Range.5 East from Range 6 Monterey maps) - East. (Monterey map) Approved: July 2,1984. On August 23,1978, ATF bublished (8) The boundary follows this range W.T. Drake, Treasury-Decision ATF-53 (43 FR 37672, 54624) revising regulations in 27 CPR, line outh to the San Benito-Santa Clara Acting Director. County line. (Monterey map) Part 4. These regulations allow the (9) The boundary follows the San 1FR DoC.84-18213 Filed 7-10-84:8:45 am] establishment of definite viticultural Benito-Santa Clara County line easterly BILLING CODE 4810-31-M areas. The regulations also allow the to the San Benito-Merced County line. name of an approved viticultural area to (Monterey map) 27 CFR Part'9 be used as an appellation of origin on (10) The boundary follows the San wine labels and inwine advertisements. Benito-Merced County line [Notice No. 533] On October 2, 1979, ATF published southeasterly to the conjunction of the Treasury Decision ATF-60 (44 FR 50692) county lines of San Benito, Merced, and Establishment of Viticultural Area; which added a new Part 9 to 27 CFR, Fresno Counties. (Monterey map) Mesilla Valley, NM and TX providing for the listing of approved (11) From tis point, the boundary AGENCY: Bureau ofAlcohol, Tobacco American viticultural areas, the names proceeds in a southwesterly extension and Firearms, Treasury. of which may be used as appellations of of the Merced-Fresno County line origin. to Salt ACTION: Notice of proposed rulemaking. Creek. (Monterey map) Section 4.25ae)(1), Title 27, CFR, (12) From this point, the boundary SUMMARY. The Bureau of Alcohol, defines an American viticultural area as proceeds in a straight line southeasterly Tobacco and Firearms (ATF) is a delimited grape-growing region to the conjunction of the county lines of considering the establishment of a distinguishable by geographical Monterey, San Benito, and Fresno viticultural area located between Done features, the boundaries of which have Counties. (Monterey map) Ana County m southern New Mexico been delineated in Subpart C of Part 9. (13) The boundary follows the and the west Texas border at El Paso Section 4.25a(e)(2), outlines the Monterey-Fresno County line County, Texas, to be known as the procedure for proposing an American southeasterly to the Monterey-Kings '"Mesilla Valley." The southern viticultural area. Any interested person County line. (Monterey and San Luis boundary of the proposed viticultural may petition ATF to establish a grape- Obispo maps) area reaches the U.S./Mexico border. growingregion as a viticultural area, (14) The boundary follows the This proposal is the result of a petition The petition should include- Monterey-Kings County line subtihitted by Mr. George Newman, (a) Evidence that the name of the southeasterly to the San Luis Obispo- President of the Las Cruces Chapter of proposed viticultural area is locally Kings County line. (San Luis Obispo the New Mexico Wine and Vine Society. and/or nationally known as referring to map) New Mexico State University, College of the area specified in the petition; (15) The boundary follows the San Agriculture and Home Economics (b) Historical or current evidence that Luis Obispo-Kings County line east to located at Las Cruces, New Mexico, also the boundaries of the viticultural area the San Luis Obispo-Kern County line. participated in gathering petition are as specified in the petition (San Luis Obispo map) evidence for this proposed viticultural (c) Evidence relating to the (16) The boundary follows the San area. The establishment of viticultural geographical characteristics (climate, Luis Obispo-Kern County line south, areas and the subsequent use of soil, elevation, physical features, etc.) then east, then south to the point at viticultural area names in wine labeling which distinguish the viticultural which the countyline diverges easterly and advertising will enable industry to features of the proposed area from from the range line dividing Range 17 label wines more precisely and will help surrounding areas; East from Range 18 East. (San Luis consumers to better identify the wines (d) A description of the specific Obispo map) they may purchase. boundaries of the viticultural area, Federal Register / Vol. 49, No. 134 / Wednesday, July ii, 1984 / Proposed Rules 28261 based on features which can be found (d) According to an article that conducted at New Mexico State on United States Geological Survey appeared in "New Mexico Magazine" University concludes, "Given the (U.S.G.S.) maps of the largest applicable (March 1982) entitled Mesilla Valley potential publicity attached to a locally scale; and Vintner by Michael Henz], the fertile produced wine, lower transportation (e) A copy of the appropriate U.S.G.S. Mesilla Valley was once dotted with costs, the possibility of wholesaling and maps with the boundaries prominently wineries, typically small and family run. retailing wines by the wineries marked. (e)According to topographical maps themselves, and restate advantages, the submitted by the petitioner, Petition elevations marketing of wine within the state within the proposed viticultural area appears to be feasible. The approval of ATF has received a petition proposing range from approximately 3,700 feet to an appellation of origin would a viticultural area that extends from 4,200 feet above sea level. Elevations in encourage continued expansion of the Dona Ana County in southern New the mountains outside of the proposed wine industry in the Mesilla Valley'" Mexico to El Paso County in the far viticultural area reach up to 8,700 feet According to an article that appeared western tip of Texas. The proposed above sea level. To the east of the in the "El Paso Times" in 1975, titled viticultural area follows the Mesilla proposed Mesilla Valley viticultural Gropes Return to the Mesila Valley, Valley along the Rio Grande River from area is the Fort Bliss Military written by Dona Ana County Agent Don an area lust north of Las Cruces, New Reservation. Also to the east are the Chappell, the grape growing revival in Mexico, to El Paso. Texas. It consists of Organ, Dona Ana and Franklin the Mesilla Valley was first observed in 445 square miles of land (284,800 acres) Mountains. To the west lie the Portillo, the 1960's and has progressed much in running along the Rio Grande River on Robledo and Sierra de Las Uvas recent years. He said that over 50 which there are 3 commercial bonded Mountains and the Aden and Sleeping different grape varieties have been wineries and 21 private grape-growers. Lady Hills. The petitioner pointed out grown in the valley. Presently there are approximately 40 that much of the eastern and western According to research conducted by acres of grapes devoted to viticulture in boundaries are found along the 4,150 New Mexico State Umversity, College of the proposed Mesilla Valley viticultural and 4,200 foot elevation contour lines. Agriculture and Home Economics, some area. Local forecasters estimate that The petitioner claims these contour lines of the more important grape varieties during the next two years grape acreage appropriately mark the transition from grown withn the boundaries of the in the Mesilla Valley is expected to valley-foothills to dry land mesas where proposed viticultural area include increase substantially. water availability is poor and soil types Colombard. Riesling, Cabernet The petitioner claims that the differ notably. To the north lies the town Sauvignon. Ruby Cabernet, ZinfandeL proposed viticultural area is of Tonuco where the river valley narows. To the south lies the Chenin Blanc and Barbera. distinguished from the surrounding New (h) The boundaries of the proposed areas based on the following petition Mexico, U.S.A.-Mexico (Chihuahua) international border. The area Mesilla Valley viticultural area can be evidence: to the 7.5 minute series south in Mexico consists found on 15 U.S.G.S. (1)Historical and current evidence of mountains quadrangle maps (Anthony, N. Mex.- regardingthe name and boundaries. (a] and arid plains. (flWhile most of the irrigated land in Tex., Bishop Cap. N. Mex., Black Mesa, The Mesilla Valley derived its name N. Mex.. Canutillo, Tex.-N. Mex. Dona from the Spanish explorer Don Juan de the proposed viticultural area is found at less than 4,000 feet above sea level in Ana, N. Mex, La Mesa, N. Mex., La Ornate, who, in 1598, found an Indian Union. N. Mex.-Tex., Las Cruces, N. village on the present day site of elevation, some areas within it reach 4,200 feet above sea level. The petitioner Mex., Leasburg, N. Mex.. Little Black Mesilla, New Mexico (located within the Mountain. N. Mex., Picaho Mountain, N. boundaries stated that the higher mesa areas and of the proposed viticultural mountainous elevations of the Mesilla Mex., San Miguel. N. Mex., Smeltertown area). He named the village "Trenquel Tex.-N. Mex., Strauss, N. Mex.-Tex. and de la Mesilla" Mesilla means "little Valley above 4,200 feet have been excluded from being within the Tortugas Mountain. N. Mex.]. The table" and that description refers to the boundaries of the proposed boundaries as proposed by the plateau on which the town viticultural is situated. area since very few grapes are grown in petitioner are described in § 9.100(c). The entire valley area is now known as these locations. (2) Evidence of the geographical the "Mesilla Valley." Professor William D. Gorman of New characteristicswuch distinguish the (b) According to Garcia Fabian, Mexico State University. College of proposedMesilla Valley viticultural author of "European Grapes," published Agriculture and Home Economics at Las areafrom surroundingareas-{a) Soils. in the The New Mexico Agricultural Cruces, stated that the irrigation water The petitioner submitted evidence Station Bulletin, No. 58, grapes have available from the Rio Grande River indicating the soil associations within been planted in the Mesilla Valley for watershed surrounds most of the prime the proposed viticultural area are over 100 years. The first vineyards were farmland that makes up the proposed predominantly derived from the probably planted shortly after 1841 in viticultural area. He explained, that at Glendale-Harkey series with some Dona Aria, the oldest settlement in the the higher elevations water must be presence of Bluepoint and Caliza- valley. The first grapes grown were of pumped from wells to irrigate the land. Bluepoint-Yturbide series associations. the Mission variety from Mexico. According to Professor Gorman, this can This information was based on the (c) The area known as Mesilla Valley be both an unreliable and expensive United States Department of was depicted on a nineteenth century method of irrigation. Agriculture's Soil Conservation map, based on the explorations of 1849- (g) The petitioner claims that the Service's General Soil Maps of Dana 1852, by Captain R.B. Marcy of the 5th irrigated areas of the proposed Mesilla Ana County, New Mexico, and El Paso T.S. Infantry, under orders from the U.S. Valley viticultural area have favorable County, Texas. submitted by the War Department A photocopy of that wine grape-growing conditions which petitioner. Soils from the Glendale- map was submitted by the petitioner as would allow the wine industry to Harkey series are stratified, deep, well evidence. The area of the Mesilla Valley continue to expand. A feasibility drained, nearly level soils that are is also depicted on United States analysis on the potential profitability of formed in alluvium. Typically, the Geological Survey maps. wine grapes in the Mesilla Valley surface layer is loam or clay loam and 28262 Federal Register / Vol. 49, No. 134 / Wednesday, July 11, 1984 / Proposed Rules

the layers below are clay loam and very minimums were wider. There were states that the proposed Mesilla Valley fine sandy loam. These soils are formed fewer heating degree-days (4,317) in viticultural area consists of on flood plains and stream terraces. Hatch versus 4,553 degree-days at Las approximately 445 square miles of Evidence submitted by the petitioner Cruces (New Mexico State University's valley land that runs along the Rio indicate that soils to the east and west National Weather Service Station) Grande River. of the proposed viticulural area tend to which is located in the proposed Since irrigation water in the Mesilla be more steeply sloped and contain viticultural area. more sand and stone. At the higher Valley comes from the Rio Grande River To the west of the Mesilla Valley, at watershed, most of the prime farmland mountainous elevations located outside the Deming Station, the elevation was of the proposed viticultural area the soil is along the river. The petitioner points about 4,339 feet above sea level. At this out that although the proposed is formed in residium from sandstone. It location there were slightly fewer contains rock out-croppings and is viticultural area has little annual degree-days (4,541 days) and the rainfall, the generally shallower. It tends to be hilly growing season was, on the average, Rio Grande River watershed to extremely steep and contains igneous one week shorter. and its dams, drains, canals, laterals, rock land and limestone rock land To the northeast, at the Joranada wells, irrigation ditches, and pipelines associations. Experimental Range Station, daily for drip irrigation serve to irrigate the (b) Climate. The petitioner claims that minimum temperatures were lower than surrounding fertile land areas of the the Mesilla Valley has an arid at State University (Las Cruces). At Mesilla Valley. The irrigation of grape continental climate with over 4,000 Joranada there was an average of 138 vines can be achieved by hosing or degree-days annually. The mean annual draping them over the irrigation ditches. ° days per year when the temperature fell temperature is 60.8 F., although daily below 32 F and only 1 day in 10 years At the higher elevations within the temperatures fluctuate about 330 F when the temperature fell below 0° F viticultural area, water must be pumped Winter minimum temperatures of 320 F He further states that to the east of from wells through pipelines to irrigate are common, but winter temperatures the land: ° the Mesilla Valley, at the headquarters below 2 F occur only one year in ten of the White Sands Missile Range, According to the petitioner, nineteenth during January. The growing season in which is located on the mesa above the century historical maps and current the proposed viticultural area is valley floor, minimum temperatures U.S.G.S. maps depict the unique approximately 200 days long and occurs averaged 5-10* F warmer throughout geographical valley area known as from approximately April 12 to October the year. Mr. Kunkel concludes by "Mesilla Valley." The southern border 27 On the average, the temperature will stating that this climatic data results in of the valley runs along the New fall 30 F for every increase of 1,000 feet, a longer growing season and more Mexico, U.S.A.-Mexico border. The in elevation above the floor of the degree days within the proposed western border of the valley is marked valley. This makes the higher elevations viticultural area than is found in the by the Portillo, Robledo and Sierra de in the valley somewhat cooler. surrounding areas. Las Uvas Mountains, the Aden Hills and According to Kenneth Kunkel, the The petitioner claims that fall, winter, the Sleeping Lady Hills. The northern State Climatologist for the State bf and spring are the dry seasons of the border of the valley ends at Tonuco New Mexico, the temperatures in the year in the Mesilla Valley. During these where the river valley narrows. To the higher elevations of the Mesilla Valley seasons, moisture in the air coming from east, the valley is flanked by the higher (above 4,200 feet) have not been the Pacific Ocean is removed as it elevations of the Dona Ana, Organ and regularly recorded. He said that some passes over the mountains west of New Franklin Mountains. generalizations about temperature Mexico. patterns in these areas can be made A number of newspaper and magazine During the summer months, moisture- articles have been written based on the general temperature laden air coming from the Gulf of in recent patterns associated with mountain- Mexico enters southern New Mexico. years about the developments in grape valley topography. Mr. Kunkels Strong surface heating and the upslope growing in the Mesilla Valley. statements about climate differences are flow of air causes brief and somewhat (b) Drip Irrigationmethod. The as follows. heavy afternoon and evening thunder petitioner states that the drip irrigation In general, the Mesilla Valley will showers. The Organ Mountains to the method of watering the grape vinep is tend to have minimum temperatures as east of the Mesilla Valley protect the rapidly becoming more widely used in much as 5-10 cooler than the valley from the heavier showers. the Mesilla Valley. Drip irrigation is the sorrounding mesa regions. Weather data Precipitation m the valley usually frequent, slow application of water to recorded at New Mexico State amounts to only about eight inches soil through mechanical devices called University's National Weather Service annually. At higher elevations in the emitters that are located at selected Station at Las Cruces in the Mesilla valley, rainfall may be heavier. The points along water-delivery lines, Drip Valley was compared with weather data relative humidity in the valley is imgation is done by a system consisting gathered from the Hatch, Deming and generally low. of emitters, lateral lines, main lines and Joranada Experimental Range (National According to the petitioner the winter a "head" or control system. Drip Weather Service] Stations and from the is generally mild and sunny in the irrigation can reduce operating costs, White Sands Missile Range (U.S. Mesilla Valley. The average snowfall in and this has been the main reason for Government military installation), all of the proposed viticultural area is less adopting this new method in the Mesilla which are located outside of t e than three inches annually and seldom Valley. Drip systems can irrigate crops proposed viticultural area. Mr. Kunkel lasts more than two consecutive days. with significantly less water than is stated that temperature differences Outside of the proposed viticultural required by other more common between the Mesilla Valley and the area, at the higher elevations, snowfall irrigation methods. The petitioner stated surrounding areas were evident. is more common and is more apt to that due to the fact that annual rainfall He said that to the north of the remain on the ground for longer periods is minimal in the Mesilla Valley this drip proposed viticultural afra at the Hatch of time. irrigation method will be used more Station, temperature fluctuations (c) Distinct Valley Area of the Rio often in future years in this grape- between daily maximums and GrandeRiver Watershed.The petitioner growing area. Federal Register / Vol. 49, No. 134 / Wednesday, July 11, 1984 / Proposed Rules 28263

Regulatory Flexibility Act Comments received before the closing (1) "Anthony, N. Mex.-Tex.:' 7.5 The provisions of the Regulatory date will be carefully considered. - minute series, edition of 1955; flexibility Act relating to an initial and Comments received after the closing (2) "Bishop Cap. N. Mex. " 7.5 minute final regulatory flexibility analysis (5 date and too late for consideration will series, edition of 1955; U.S.C. 603, 604) are not applicable to this be treated as possible suggestions for (3) "Black Mesa, N. Mex." 7.5 minute notice of proposed rulemaking because future ATF action. series, edition of 1978; the proposal is not expected (1) to have ATF will not recognize any material in (4) "Canutillo, Tex.-N. Mex " 7.5 significant secondary or mcidental comments as confidential Comments minute series, edition of 1955 effects on a substantial number of small may be disclosed to the public. Any (photorevised 1967]; entities; or (2) to impose, or otherwise material which the commenter considers (5) "Dona Ana, N. Mex.," 7.5 minute cause, a significant increase in the to be confidential or inappropriate for series, edition of 1978; reporting, recordkeeping, or other disclosure to the public should not be (6) "La Mesa, N. Mex.:' 7.5 minute compliance burdens on a substantial include in the comments. The name of series, edition the person submitting of 1955; number of small entities. a comment is not (7) "La Union. N. Mex.-Tex.," 7.5 Accordingly, it is hereby certified exempt from disclosure. Any interested person who desires an minute series, edition of 1955; under the provisions of section 3 of the (8) "Las Cruces, N. Mex.," 7.5 minute Regulatory Flexibility Act (5 U.S.C. opportunity to comment orally at a public hearing on these proposed series, edition of 1978; 605(b)) that the notice of proposed (9) "Leasburg, N. Mex.,' 7.5 minute rulemaking, if promulgated as a final regulations should submit his or her requests, in writing, to the Director series, edition of 1978; rule, will not have a significant (10) "Little Black Mountain. N. Mex.." economic impact nor compliance within the 45-day comment period. The Director, however, reserves the right to 7.5 minute senes. edition of 1978; -burdens on a substantial number of (11) "Picacho Mountain, N. Mex.," 7.5 small entities. determine, in light of all circumstances, whether a public hearing will be held. minute series, edition of 1978; Compliance With Executive Order 12291 (12) "San Miguel, N. Mex.," 7.5 minute Drafting Information It has been determined that this series, edition of 1955; proposed rulemaking is not classified as The principal author of this document (13) "Smeltertown, Tex.-N. Mex.," 7.5 a "major rule" within the meaning of is Edward A. Reisman, FAA. Wine and minute series, edition of 1955 Executive Order 12291, 46 FR 13193 Beer Branch, Bureau of Alcohol, (photorevised 1967 and 1973]; (1981), because it will not have an Tobacco and Firearms. (14) "Strauss, N. Mex.-Tex.," 7.5 annual effect on the economy of $100 List of Subjects in 27 CFR Part 9 minute series, edition of 1955; and (15] 'Tortugas Mountain, N. Mex.- 7.5 million or more; it will not result in a Administrative practice and major increase in costs or prices for minute series, edition of 1955. procedure, Viticultural areas, Consumer (c] Boundaries.The Mesilla Valley consumers, individual industries, protection, Wire. Federal, State, or local government viticultural area is located within Dana agencies, or geographic regions; and it Authority Ana County, New Mexico, and El Paso County, Texas. The boundaries are as will not have significant adverse effects Accordingly, under the authority in 27 on competition, employment. U.S.C. 205, the Director proposes the follows: The beginning point is at the investment productivity, innovation, or amendment of 27 CFR Part 9 as follows: Faulkner Canyon on the "Leasburg, N. on the ability of the United States-based Mex." U.S.G.S. map at the northwest enterprises to compete with foreign- PART 9-AMERICAN VTCULTURAL comer of Section 15, Township 21 South based enterprises in domestic or export AREAS (T21S), Range I West (RIW]. markets. (1) From the beginning point, the Paragaph 1. The table of sections in 27 boundary runs east 3.7 miles along the Paperwork Reduction Act CFR Part 9, Subpart C, is amended to north section line until it converges with The provisions of the Paperwork add the title of § 9.100 to read as the 4,200 foot elevation contour line at Reduction Act of 1980, Pub. L 96-511,44 follows: Section 18.T21S/R1E; U.S.C. Chapter 35, and its implementing Subpart C-Approved American Viticultural (2) Then it runs southeasterly 31 miles regulations, 5 CFR Part 1320, do not Areas along the 4.200 foot elevation contour apply to this notice because no Sec. line to a point approximately 3.5. miles requirement to collect information is south of Bishop Cap where it intersects proposed. 9.100 Mesilla Valley the Fort Bliss Military Reservation Public Participation-Written Comments boundary at the northeast portion of Par. 2. Subpart C, is amended by Section 13, T25S/R3E on the "Bishop ATF requests comments from all adding § 9.100 to read as follows: Cap, N. Mex." U.S.G.S. map; interested persons concerning this Subpart C-Approved American Viticultural (3) Then it follows the Fort Bliss proposed viticultural area. This Areas Military Reservation boundary south for document proposes possible boundaries approximately 3.7 miles and east for the Mesilla Valley viticultural area. approximately .8 mile to the intersection However, comments concerning other § 9.100 Mesilla Valley. with the 4.200 foot elevation contour line possible boundaries for this viticultural (a) Name. The name of the viticultural at the southeast portion of Section 6, area will be given consideration. ATF is area described in this section is "Mesilla T26S/R4E on the "Anthony, N. Mex.- particularly interested in receiving Valley." Tex." U.S.G.S. map; comments on the inclusion of the land (b) Approved maps. The appropriate (4) Then it runs south along the 4,200 areas in Texas within the boundaries of maps for determining the boundaries of foot elevation contour line for the proposed viticultural area since they Mesilla Valley viticultural area are 15 approximately 20 miles until it intersects are mostly urban areas and show no U.S.G.S. quadrangle 7.5 minute series the La Mesa Road (Mesa Avenue) in the evidence ofgrape growing. maps. They are entitled. city limits of El Paso, Texas, on the 28264 Federal Register / Vol. 49, No. 134 / Wednesday, July 11, 1984 / Proposed Rules I I I I I

"Smeltertown, Tex.-N. Mex." U.S.G.S. DEPARTMENT OF EDUCATION proposed regulations were received and map; considered. (5) Then it heads south on the La 34 CFR Parts 75, 76, 200, 298, and 668 On September 29, 1982, subsequent to Mesa Road (Mesa Avenue) for 1.2 miles the issuance of the proposed regulations until it meets Executive Center 41 CFR Part 34-30 but prior to the preparation of the final Boulevard that goes to La Guna/ regulations, the Office of Management Interest on Outstanding Debts Smeltertown; and Budget (OMB) issued a revised (6) Then it travels in a southwesterly AGENCY: Department of Education. Circular A-50 to the heads of the direction for 1.1 miles on Executive ACTION: Notice of proposed rulemaking. executive departments and agencies on Center Boulevard to La Guna/ the procedures for the resolution of Smeltertown until it crosses the SUMMARY: The Secretary of Education audits of Federal funds. Under this Southern Pacific Railroad tracks at proposes regulations on the charging of Circular, the heads of executive Smeltertown, interest on outstanding debts owed to departments and agencies were Texas; instruqted that "[interest on audit- (7) Then it proceeds back into New the Department of education by contractors, grantees, and institutions of related debts shall begin to accrue no Mexico north-westerly along the higher education participating in student later than 30 days from the date the Southern Pacific Railroad tracks financial aid programs authorized by auditee is notified of the debt." approximately 12.5 miles to a: point near Title IV of the Higher Education Act of In addition, the Debt Collection Act of the switch yards at Strauss, New 1965. These proposed regulations would 1982 (Pub. L. No. 97-365) was enacted on Mexico, where it intersects the 4,100 add new sections to the Education October 25, 1982. Section 11 of the Debt foot elevation contour line at the center Department General Admimstrative Collection Act of 1982 contains specific of Section 24, T28S/R2E on the "Strauss, Regulations (EDGAR) (34 CFR Parts 75, requirements and procedures relating to N. Mex. Tex." U.S.G.S. map; 76) and make corresponding changes to the charging of interest on debts owed to (8) Then it follows the 4,100 foot make these regulations appliable to the Federal Government by persons. elevation contour line in a northwesterly certain programs that are not otherwise Because of the issuance of OMB direction for 17 miles until it intersects governed by the provisions of EDGAR. Circular A-50,and the enactment of the with the south section line of Section 29, These proposed regulations also add a Debt Collection Act of 1982, the T25S/R2E on the "Little Black Mountain, new section on the charging of interest Department is issuing new proposed N. Mex.," U.S.G.S. map; on outstanding debts to the regulations on charging interest rather (9) Then it runs westerly Department's procurement regulations than issuing final regulations at this approximately .5 mile along the south (41 CFR Chapter 34). time. The issuance of the new proposed section line until it meets the 4,150 foot DATE: Comments must be received on or regulations will provide the public the before August 27 1984. opportunity to submit comments In light elevation contour line at Section 29, of OMB Circular A-50 and the Debt T25S/R2E; ADDRESS: Written comments should be Collection Act of 1982. (10) Then it follows the 4,150 foot sent to Mr. Barry Bontemps, Director, elevation contour line northward for 15 Financial Management Service, U.S. B. Overview of these regulations miles until it meets with Interstate Department of Education, 400 Maryland These proposed regulations establish Highway 70/80/180 at the southeast Avenue SW., Room 3105, FOB-6, a uniform practice of charging interest corner of Section 19, T23S/RIE on the Washington, D.C. 20202. on debts owed under most programs "Las Cruces, N. Mex.," U.S.G.S. map; FOR FURTHER INFORMATION CONTACT. administered by the Depaitment of (11) Then it runs southwest along Mr. Barry Bontemps, (202) 245-8360. Education. Under these regulations, Interstate Highway 70/80/180 for SUPPLEMENTARY INFORMATION: interest begins to accrue from the date approximately of the first formal written notice from an .9 mile until it reaches A. Background the 4,200 foot elevation contour line at authorized official demanding that a the northwest comer of Section 30, On April 1, 1980, the Education debtor pay a debt by a given date. T23S/R1E on the "Picacho Mt., N. Mex.," Division of the Department of Health, Interest is not charged, however, if the U.S.G.S. map; Education, and Welfare, the predecessor debt is paid within thirty days of the agency (12) Then it meanders in a northerly to the Department of Education, date of this first formal written notice, issued a notice of proposed direction on the 4,200 foot elevation rulemaking Interest accrues from the date of the on the procedures for the collection of first demand letter contour line for 15 miles until it reaches until repayment, debts that grantees and contractors even if a debtor seeks review of the section line at the southwest corner the owed under certain programs that were determination that a debt is due by an of Section 15, T21S/RIW on the administered by the Education Division administrative appeal board, such as the "Leasburg, N. Mex.," U.S.G.S. map; (45 FR 21303-06). Section 100a.909 of Education Appeal Board, or by a court. (13) Then finally it goes north along these proposed regulations concerned The charging of interest on outstanding the section line to Faulkner Canyon until the charging of interest on outstanding debts during any administrative or it meets with the northwest corner of debts. Under these proposed judicial review process is necessary so Section 15, T21S/R1W, which is the regulations, interest was to be charged that the Department can recover the full beginning point. on outstanding debts beginning thirty value of outstanding debts. Interest is days after the date of the first demand only collected, however, after the Approved: July 3,1984. letter from a delegated collection office completion of any administrative.or demanding that a debtor pay a debt by a judicial review proceedings specifically W. T. Drake, given date. However, these proposed provided for by statute or regulation, Acting Director. regulations excepted the charging of and only on the amount of the debt interest during any administrative ultimately upheld. [FR Doc. 84-18212 Filed 7-10-84:8.45 am] appeal process provided for by statute The rate of interest charged on BILLING CODE 4810-31-M or regulation. Public comments on the outstanding debts under these proposed