70352 Federal Register/Vol. 67, No. 226/Friday, November 22, 2002/Proposed Rules a petition for review are contract send to OHA a copy of the solicitation 34. Amend § 134.316(a) by adding the specific, such as compliance with the relating to the NAICS code appeal. following sentence at the end to read as nonmanufacturer rule (see § 121.406(b)), (5) After close of the record, OHA will follows: or joint venture or ostensible issue a decision and inform all subcontractor rule (see § 121.103(h)). interested parties, including the § 134.316 The decision. 29. Revise § 121.1103 to read as appellant and contracting officer. If (a) * * * The Judge will not decide follows: OHA's decision is received by the substantive issues raised for the first time on appeal, or which have been § 121.1103 What are the procedures for contracting officer before the date offers are due, the solicitation must be abandoned or become moot. appealing a NAICS code designation? amended if the contracting officer's (a) Any interested party adversely designation of the NAICS code is Dated: November 8, 2002. affected by a NAICS code designation reversed. If OHA's decision is received Hector V. Barreto, may appeal the designation to OHA. by the contracting officer after the due Administrator. The only exception is that, for a sole date of initial offers, the decision will source contract reserved under SBA's not apply to the pending procurement, [FR Doc. 02-29272 Filed 11-21-02; 8:45 am] 8(a) Business Development program (see but will apply to future solicitations for BILLING CODE 8025-01-P part 124 of this chapter), only SBA's the same products or services. Associate Administrator for 8(a) 30. Revise § 121.1205 to read as Business Development may appeal the follows: DEPARTMENT OF THE TREASURY NAICS code designation. (b) The contracting officer's § 121.1205 How is a list of previously Bureau of Alcohol, Tobacco and granted class waivers obtained? determination of the applicable NAICS Firearms code is final unless appealed as follows: A list of classes of products for which (1) An appeal from a contracting waivers of the Nonmanufacturer Rule 27 CFR Part 9 officer's NAICS code designation and have been granted is maintained in [Notice No. 963] applicable size standard must be served SBA's website at www.sba.gov/GC/ RIN 1512-AC72 and filed within 10 calendar days after approved.html. A list of such waivers the issuance of the initial solicitation. may also be obtained by contacting the Office of Government Contracting, U.S. Bennett Valley Viticultural Area OHA will summarily dismiss an (2002R-009T) untimely NAICS code appeal. Small Business Administration, 409 3rd (2)(i) The appeal petition must be in Street, SW., Washington, DC 20416, or AGENCY: Bureau of Alcohol, Tobacco writing and must be sent to the Office the nearest SBA Government and Firearms (ATF), Treasury. Contracting Area Office. of Hearings & Appeals, U.S. Small ACTION: Notice of proposed rulemaking. Business Administration, 409 3rd Street, PART 134-RULES OF PROCEDURE SW., Suite 5900, Washington, DC 20416. SUMMARY: The Bureau of Alcohol, GOVERNING CASES BEFORE THE Tobacco and Firearms (ATF) has (ii) There is no required format for a OFFICE OF HEARINGS AND APPEALS NAICS code appeal, but an appeal must received a petition proposing the include the following information: the 31. The authority citation for 13 CFR establishment of the Bennett Valley solicitation or contract number; the part 134 continues to read as follows: viticultural area in Sonoma County, California. The petitioned area consists name, address, and telephone number of Authority: 5 U.S.C. 504; 15 U.S.C. 632, of approximately 8,140 acres of valley the contracting officer; a full and 634(b)(6), and 637(a). specific statement as to why the NAICS and upland terrain, with 650 acres 32. Revise § 134.102(k) to read as currently planted to grapes. The code designation is erroneous, and follows: argument in support thereof; and the proposed area is within the established name, address and telephone number of §134.102 Jurisdiction of OHA. Sonoma Valley viticultural area, except the appellant or its attorney. * * * * * for a 281-acre overlap into the Sonoma Coast viticultural area. A portion of the (3) The appellant must serve the (k) Appeals from size determinations proposed area also overlaps the Sonoma appeal petition upon the contracting and NAICS code designations under Mountain viticultural area, which is officer who assigned the NAICS code to part 121 of this chapter. "Size itself totally within the larger Sonoma the acquisition and SBA's Office of determinations" include decisions by Valley viticultural area. General Counsel, Associate General Government Contracting Area Directors Counsel for Procurement Law, 409 3rd that determine whether two or more DATES: Written comments must be Street, SW., Washington, DC 20416. concerns are affiliated for purposes of received by January 21, 2003. (4) Upon receipt of a NAICS code SBA's financial assistance programs, or ADDRESSES: Send written comments to: appeal, OHA will notify the contracting other programs for which an appropriate Chief, Regulations Division, Bureau of officer by notice and order of the date SBA official requested an affiliation Alcohol, Tobacco and Firearms, P.O. OHA received the appeal, the docket determination; Box 50221, Washington, DC 20091-0221 number, and the Judge assigned to the * * * * * (Attn: Notice No. 963). Copies of the case. The contracting officer's response 33. In § 134.314, revise the heading petition, the proposed regulations, the to the appeal must include argument and add the following sentence at the appropriate maps, and any written and supporting evidence (see part 134, end to read as follows: comments received will be available for subpart C, of this chapter) and must be public inspection by appointment at the received by OHA within 10 calendar § 134.314 Standard of review and burden ATF Reference Library, Room 6480, 650 days from the date of the docketing of proof. Massachusetts Avenue, NW., notice and order, unless otherwise * * * The appellant has the burden Washington, DC 20226; telephone 202- specified by the Judge. Upon receipt of of proof, by a preponderance of the 927-7890. See the "Public OHA's docketing notice and order, the evidence, in both size and NAICS code Participation" section of this notice for contracting officer must immediately appeals. alternative means of commenting. Federal Register/Vol. 67, No. 226/Friday, November 22, 2002/Proposed Rules 70353 FOR FURTHER INFORMATION CONTACT: N. similar to the name of the viticultural map. The petition also includes an A. Sutton, Specialist, Regulations area must review their existing products excerpt from the 1877 "Historical Atlas Division (San Francisco, CA), Bureau of to insure that they are eligible to use the Map of Sonoma County," which states Alcohol, Tobacco and Firearms, 221 viticultural area's name as the that if Bennett Valley "has any Main Street, 11th Floor, San Francisco, appellation of origin. To be eligible, specialty, it is for fruit and grape CA 94105-1906; telephone 415-271- 85% of the grapes in the wine must be culture." 1254. grown within the viticultural area. If a The petition also offers SUPPLEMENTARY INFORMATION: product is not eligible to use the documentation for the current usage of viticultural area name as an appellation, the proposed area's name. This includes Background the bottler must obtain approval of a references from a book by Don Edwards, The Federal Alcohol Administration label with a different brand name for "Making the Most of Sonoma County, A Act (FAA Act) at 27 U.S.C. 205(e) that wine. (See 27 CFR 4.39(i).) California Guide," which states, requires that alcohol beverage labels Bennett Valley Petition "Bennett Valley-squeezed between provide the consumer with adequate Taylor Mountain and the Sonoma information regarding a product's ATF has received a petition proposing Mountains on the west, Bennett Peak identity while prohibiting the use of a new viticultural area to be called (Yulupa to the Indians) and Bennett deceptive information on such labels. "Bennett Valley." The proposed 8,140- Ridge to the east-has been ranching The FAA Act also authorizes the Bureau acre viticultural area is located in and farming country since the days of Alcohol, Tobacco and Firearms (ATF) Sonoma County, California, just when Missourian William Bennett to issue regulations to carry out the southeast of the city of Santa Rosa and settled here." The Bennett Valley approximately 45 miles northeast of San Act's provisions. Homeowner's Association's web site Francisco. Sonoma County is entirely Regulations in 27 CFR part 4, Labeling includes a boundary description similar within the North Coast viticultural area. and Advertising of Wine, allow the to that of the proposed viticultural area. The petitioned area is almost entirely establishment of definitive viticultural The Sonoma County telephone book has within the Sonoma Valley viticultural areas. The regulations allow the name of 24 business listings using the Bennett area, with a small 281-acre overlap into an approved viticultural area to be used Valley name, including the Bennett as an appellation of origin on wine the Sonoma Coast viticultural area. It also partially overlaps the Sonoma Valley Union School District. The labels and in wine advertisements. A Bennett Valley School is identified on Mountain viticultural area, which is list of approved viticultural areas is the USGS Santa Rosa, CA, quadrangle contained in 27 CFR Part 9, American entirely within the Sonoma Valley area. Currently, there are 650 acres of planted map just inside the proposed area's Viticultural Areas. northwest boundary line. The petition Section 4.25a(e)(1), title 27 CFR, vineyards in the proposed area.