Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 69557

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, is 

amended as follows:

Paragraph 6002 Class E Airspace 

Designated as Surface Areas.

* * * * *

ACE KS E2 Lawrence, KS 

Lawrence Municipal Airport, KS (Lat. 

39°00′40′′ N., long. 95°13′00′′W.). 

Within a 4-mile radius of Lawrence 

Municipal Airport and within 1.2 miles each 

side of the 333° bearing from the airport 

extending from the 4-mile radius to 4.2 mile 

northwest of the airport.

* * * * *

Issued in Kansas City, MO, on November 

10, 2004. 

Anthony D. Roetzel, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–26345 Filed 11–29–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1 

[REG–128767–04] 

RIN 1545–BD48 

Treatment of Disregarded Entities 

under Section 752; Hearing

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice of public hearing for 

proposed rulemaking. 

SUMMARY: This document provides 

notice of a public hearing for proposed 

regulations provide rules under section 

752 for taking into account certain 

obligations of a business entity that is 

disregarded as separate from its owner 

under section 856(i), 1361(b)(3), or 

§§ 301.7701–1 through 301.7701–3 

(disregarded entity) for purposes of 

charactering and allocating partnership 

liabilities.

DATES: The public hearing is scheduled 

for Friday, January 14, 2005, at 10 a.m. 

The IRS must receive outlines of the 

topics to be discussed at the public 

hearing by Friday, December 24, 2004.

ADDRESSES: The public hearing is being 

held in the auditorium, Internal 

Revenue Building, 1111 Constitution 

Avenue, NW., Washington, DC. Due to 

building security procedures, visitors 

must enter at the Constitution Avenue 

entrance. In addition, all visitors must 

present photo identification to enter the 

building. 

Mail outlines to: Publications and 

Regulations Branch CC:PA:LPD:PR 

(REG–128767–04), room 5203, Internal 

Revenue Service, POB 7604, Ben 

Franklin Station, Washington, DC 

20044. Hand deliver outlines Monday 

through Friday between the hours of 8 

a.m. and 4 p.m. to: Publications and 

Regulations Branch CC:PA:LPD:PR 

(REG–128767–04), Couriers Desk, 

Internal Revenue Service, 1111 

Constitution Avenue, NW., Washington, 

DC. Submit outlines electronically 

directly to the IRS Internet site at

http://www.irs.gov/regs or via the 

Federal eRulemaking Portal at: http://

www.regulations.gov (IRS–REG–

128767–04).

FOR FURTHER INFORMATION CONTACT:

Concerning submissions of comments, 

the hearing, and/or to be placed on the 

building access list to attend the hearing 

Robin Jones (202) 622–7180 (not a tollfree number).

SUPPLEMENTARY INFORMATION: The 

subject of the public hearing is the 

notice of proposed regulations (REG–

128767–04) that was published in the 

Federal Register on August, 12, 2004 

(69 FR 49832). 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who have 

submitted written or electronic 

comments and wish to present oral 

comments at the hearing must submit an 

outline of the topics to be discussed and 

the amount of time to be devoted to 

each topic (signed original and eight (8) 

copies) by December 24, 2004. 

A period of 10 minutes is allotted to 

each person for presenting oral 

comments. After the deadline for 

receiving outlines has passed, the IRS 

will prepare an agenda containing the 

schedule of speakers. Copies of the 

agenda will be made available, free of 

charge, at the hearing. Because of access 

restrictions, the IRS will not admit 

visitors beyond the immediate entrance 

area more than 30 minutes before the 

hearing starts. 

For information about having your 

name placed on the building access list 

to attend the hearing, see the FOR

FURTHER INFORMATION CONTACT section of 

this document.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration).

[FR Doc. 04–26416 Filed 11–29–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Notice No. 25] 

RIN 1513–AA77 

Proposed Establishment of the 

Texoma Viticultural Area (2003R–110P)

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau proposes to establish 

the ‘‘Texoma’’ viticultural area in northcentral Texas in Montague, Cooke, 

Grayson, and Fannin Counties. The 

proposed area consists of approximately 

3,650 square miles on the southern side 

of Lake Texoma and the Red River, 

along the Texas-Oklahoma State line. 

We designate viticultural areas to allow 

bottlers to better describe the origin of 

wines and allow consumers to better 

identify the wines they may purchase. 

We invite comments on this proposed 

addition to our regulations.

DATES: We must receive written 

comments on or before January 31, 

2005.

ADDRESSES: You may send comments to 

any of the following addresses: 

• Chief, Regulations and Procedures 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, Attn: Notice No. 25, P.O. 

Box 14412, Washington, DC 20044–

4412. 

• 202–927–8525 (facsimile). 

• nprm@ttb.gov (e-mail). 

• http://www.ttb.gov/alcohol/rules/

index.htm. An online comment form is 

posted with this notice on our Web site. 

• http://www.regulations.gov (Federal 

e-rulemaking portal; follow instructions 

for submitting comments). 

You may view copies of this notice, 

the petition, the appropriate maps, and 

any comments we receive about this 

notice by appointment at the TTB 

Library, 1310 G Street, NW., 

Washington, DC 20220. To make an 

appointment, call 202–927–2400. You 

may also access copies of the notice and 

comments online at http://www.ttb.gov/

alcohol/rules/index.htm. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing.

FOR FURTHER INFORMATION CONTACT:

Jennifer Berry, Alcohol and Tobacco 

Tax and Trade Bureau, Regulations and 

69558 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 

Procedures Division, P.O. Box 18152, 

Roanoke, VA 24014; telephone 540–

344–9333.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority

Section 105(e) of the Federal Alcohol 

Administration Act (the FAA Act, 27 

U.S.C. 201 et seq.) requires that alcohol 

beverage labels provide the consumer 

with adequate information regarding a 

product’s identity and prohibits the use 

of misleading information on such 

labels. The FAA Act also authorizes the 

Secretary of the Treasury to issue 

regulations to carry out its provisions. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers these 

regulations. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

of the regulations. These designations 

allow vintners and consumers to 

attribute a given quality, reputation, or 

other characteristic of a wine made from 

grapes grown in an area to its 

geographic origin. The establishment of 

viticultural areas allows vintners to 

describe more accurately the origin of 

their wines to consumers and helps 

consumers to identify wines they may 

purchase. Establishment of a viticultural 

area is neither an approval nor an 

endorsement by TTB of the wine 

produced in that area. 

Requirements 

Section 4.25(e)(2) of the TTB 

regulations outlines the procedure for 

proposing an American viticultural area 

and provides that any interested party 

may petition TTB to establish a grapegrowing region as a viticultural area. 

Section 9.3(b) of the TTB regulations 

requires the petition to include—

• Evidence that the proposed 

viticultural area is locally and/or 

nationally known by the name specified 

in the petition; 

• Historical or current evidence that 

supports setting the boundary of the 

proposed viticultural area as the 

petition specifies; 

• Evidence relating to the 

geographical features, such as climate, 

soils, elevation, and physical features, 

that distinguish the proposed 

viticultural area from surrounding areas; 

• A description of the specific 

boundary of the proposed viticultural 

area, based on features found on United 

States Geological Survey (USGS) maps; 

and 

• A copy of the appropriate USGS 

map(s) with the proposed viticultural 

area’s boundary prominently marked. 

Texoma Petition 

The Texoma Appellation Committee, 

Denison, Texas, has petitioned TTB to 

establish the ‘‘Texoma’’ viticultural area 

in north-central Texas. Located along 

the Texas-Oklahoma State line on the 

southern side of Lake Texoma and the 

Red River, the proposed area covers 

3,650 square miles, or about 2.3 million 

acres, in Montague, Cooke, Grayson, and 

Fannin Counties. According to the 

petitioners, the area contains four 

wineries and a number of small 

vineyards with approximately 55 acres 

planted to vines. The petitioners state 

that both Vitis vinifera and native Texas 

grape varieties thrive in Texoma. 

Name Evidence 

The name ‘‘Texoma’’ originates with 

Lake Texoma, a large Army Corps of 

Engineers lake on the Texas-Oklahoma 

State line. According to the petitioners, 

people have referred to the proposed 

area as ‘‘Texoma’’ for over 60 years, 

roughly since the completion of Lake 

Texoma in 1938. 

The petition included numerous 

examples of the use of the name 

‘‘Texoma’’ by businesses and 

governments serving the four-county 

(Montague, Cooke, Grayson, and 

Fannin) area. Examples include: the 

Texoma Regional Health Care system, 

the Texoma Association of Realtors, the 

Texoma Council of Governments, the 

Texoma Women’s and Children’s 

Center, Texoma Workforce Commission, 

Texoma Center for Family Medicine, 

Texoma Christian Middle School, and 

the Texoma Council for the Deaf. 

The petitioners state that an Internet 

search for the word ‘‘Texoma’’ returned 

6,407 pages of references. None refers to 

a location outside the four-county area. 

The petitioners note that several 

counties in southern Oklahoma are 

usually included in the Texoma region. 

However, the petitioners state that 

Oklahoma State winery fees have 

prevented the establishment of a 

successful wine district on the northern 

side of the State line.

Boundary Evidence 

The petitioners state that the 

proposed Texoma viticultural area’s 

boundaries encompass the sloping 

pastureland in this portion of the Red 

River drainage basin. While the Red 

River and Lake Texoma form the 

proposed area’s northern boundary, the 

ridge between the Red River drainage 

basin and the Trinity River drainage 

basin form its southern boundary. The 

Montague County line forms most of the 

western boundary, while the Fannin 

County line forms most of the eastern 

boundary. 

The petitioners assert that the 

proposed area’s boundaries correspond 

to those of the Texoma region of Texas. 

The petitioners further state that 

Texoma has unique growing 

conditions—soils, topography, and 

climate—that are advantageous for grape 

growing. 

As historical evidence for the 

proposed boundaries, the petitioners 

cite Texoma’s contributions to world 

viticultural history. Renowned 19thcentury viticulturalist Thomas Volney 

(T.V.) Munson chose Texoma as the site 

for his experimental vineyards. An 

expert on native American grape 

varieties, he was particularly excited by 

Texoma’s varieties of native grapes, 

calling the area his ‘‘grape paradise.’’ He 

developed over 300 new grape varieties 

from the wild grapes growing along the 

bluffs of the Red River and its 

tributaries. When phylloxera threatened 

to destroy French vineyards, Munson 

shipped thousands of phylloxeraresistant Texas rootstocks to France and 

had them grafted with European vinifera 

varieties. In 1888, the French 

government awarded Munson the 

French Legion of Honor for his role in 

saving their wine industry. 

Today, the T.V. Munson Memorial 

Vineyard at Grayson County College in 

Denison, Texas, carries on Munson’s 

legacy. The vineyard grows 65 of the 

300 grape varieties developed by 

Munson, and the college, unlike most 

junior colleges in the nation, bestows 

associate degrees in viticulture. 

Because of the importance of native 

grape species to the viticultural history 

and identity of the Texoma region, the 

petitioners based their southern 

boundary in part on the distribution of 

wild grapevines through the area. 

Because wild grapevines generally do 

not grow on the south-facing slopes 

beyond the ridge dividing the Red River 

and Trinity River drainage basins, the 

petitioners excluded certain southern 

portions of the four counties from the 

proposed Texoma area. 

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 69559

Growing Conditions 

Soils 

The petitioners state that Texoma 

soils differ from the soils in surrounding 

areas. Texoma contains sandy, loamy 

soils that provide good drainage for 

vineyards. Surrounding areas contain 

black-land soils, which do not provide 

good drainage for vineyards. The 

petitioners note that some areas south 

and southwest of the proposed 

viticultural area also have sandy, loamy 

soils, but that these soils lie outside the 

boundaries of the Texoma area. The 

petitioners state that, unlike the soils of 

surrounding areas, Texoma’s soils, 

because of their sandiness, contain 

practically no phylloxera. 

The petitioners submitted a detailed 

soil report on the Texoma area prepared 

by a committee of soil scientists: 

Maurice Jurena and Jerry Rives of the 

U.S. Department of Agriculture’s 

Natural Resources Conservation Service, 

Dr. George McEachern of Texas A&M 

University, and Dr. Charles E. Pehl, a 

private consultant. The report lists 36 

soil series suitable for viticulture in the 

proposed area. Maps show these soil 

series throughout the Texoma area. 

According to the authors, these soils 

have the characteristics needed for 

productive vineyards—good internal 

drainage, adequate soil depth, and good 

water-holding capacity. Based on 

available soil surveys of the area, the 

authors state that approximately onethird of the proposed area, an estimated 

690,000 acres (1,078 sq. miles), should 

be suitable for productive viticulture. 

The report describes three soils of 

particular interest:

The Hicota series consists of fine sandy 

loams that are deep, moderately well 

drained, slowly permeable, and have good 

water holding capacity. These soils are found 

on the high terraces mainly along the Red 

River. Formed in loamy alluvium, their 

slopes range from 0 to 3 percent * * *. 

The Freestone series consists of fine sandy 

loams that are very deep, moderately well 

drained, slowly permeable, and have good 

water holding capacity. These soils are found 

on Pleistocene terraces of remnant terraces 

on upland positions. Formed in loamy and 

clayey sediments, their slopes vary from 0 to 

5 percent. The soils have aquic soil moisture 

conditions due to an extremely thin area of 

episaturation above the clay layer in the 

spring at a depth of 20 to 40 inches during 

most years. 

The Frioton series consists of silty clay 

loams that are very deep, well drained, 

moderately slowly permeable, with good 

water holding capacity. Formed in loamy and 

clayey Pleistocene sediments on nearly level 

flood plains, their slopes range from 0 to 1 

percent. They may be flooded for very brief 

periods during the months of February to 

July.

As additional soil evidence, the 

petitioners submitted soil survey maps 

published by the Natural Resources 

Conservation Service, U.S. Department 

of Agriculture, for each of the four 

counties in the proposed area. These 

maps consistently describe the various 

soils of Texoma, including those 

detailed in the petitioner’s soil report, as 

either ‘‘loamy and sandy’’ or ‘‘loamy 

and clayey.’’

Topography 

The petitioners state that much of 

Texoma’s land slopes downward and 

northward toward the Red River. The 

elevation ranges from a low of 597 feet 

above sea level in northeast Fannin 

County to a high of 1,271 feet on ridges 

in southeast Montague County. Evening 

breezes drain the intense heat of the day 

off Texoma’s bluffs and rolling hillsides, 

cooling the vineyards. Numerous small 

creeks flow northward to Lake Texoma 

and the Red River throughout Texoma. 

Several varieties of wild grapes grow in 

these creek beds, just as they did in the 

days of T.V. Munson. 

According to the petitioners, 

Texoma’s north-facing slopes (3 percent 

to 12 percent slope) diminish the power 

of the summer sun and thus provide 

excellent vineyard sites. The petitioners 

state that recent research indicates that, 

in June, 15-degree north-facing slopes 

can reduce the sunlight index from 107 

to 86. (The sunlight index is a scale 

measuring the amount of solar radiation 

received by plants.) This results in 

significantly less heat stress on the 

vines. In September, the effect is even 

greater, with the sunlight index reduced 

from 122 to 70. The petitioners contrast 

this with land south of Texoma in the 

Dallas-Fort Worth area. There the land 

slopes south, resulting in a much higher 

sunlight index and greater heat stress on 

grape vines.

The petitioners note that, in addition 

to Lake Texoma, the Texoma area has 

numerous lakes and ponds. These 

bodies of water provide a large reserve 

for irrigating the area’s vineyards. The 

petitioners also believe that sunlight 

reflecting off these bodies of water helps 

to ripen grapes. They note that a similar 

effect occurs in New York’s Finger 

Lakes region and in Germany’s Mosel 

and Rhine River valleys. Gentle breezes 

off Lake Texoma provide advection 

warming to the surrounding hillsides 

during cool autumn nights. 

Climate 

According to the petitioners, 

Texoma’s climate is favorable for grape 

growing, while the climate of 

surrounding areas is not. Texoma’s 

temperatures for November through 

February generally are 5.3 to 6.7 degrees 

cooler than those in areas to the south 

and southeast, such as the Dallas-Fort 

Worth area (which averages 33.6° F) and 

Greenville, Texas (which averages 34.9°

F). Texoma’s winter temperatures in the 

mid- and upper-20s are cold enough to 

kill the insect that causes Pierce’s 

disease, while causing no damage to 

vineyards. The petitioners state that 

vineyards in the Dallas-Fort Worth area 

have, in contrast, suffered extensive 

damage from Pierce’s disease. 

Areas north and west of Texoma, such 

as Oklahoma and northwestern Texas, 

have winter temperatures that are 4 to 

6 degrees colder than Texoma’s. These 

temperatures increase the risk of 

damage to vines. Freeze and thaw cycles 

in these areas can split vine trunks, 

while the milder winter temperatures of 

Texoma prevent such damage. 

The petitioners assert that Texoma’s 

precipitation is also favorable for grape 

growing. While its vineyards rely to 

some extent on irrigation, Texoma 

receives an annual rainfall of 30 to 40 

inches, which is close to sufficient. As 

one heads west from Texoma, the 

climate is increasingly drier. Wichita 

Falls, Texas, for example, receives only 

28 inches of rain a year, an amount that 

cannot sustain vineyards. Few sources 

of water for irrigation, such as Lake 

Texoma, exist west of Texoma. Areas 

east of Texoma receive much heavier 

rainfall, as much as 51 inches annually 

in Texarkana. Such heavy rainfall often 

results in standing water, which can 

cause root rot and kill vines. 

Boundary Description 

See the narrative boundary 

description of the petitioned-for 

viticultural area in the proposed 

regulatory text published at the end of 

this notice. 

Maps 

The petitioner provided the required 

maps, and we list them below in the 

proposed regulatory text. 

Impact on Current Wine Labels 

Part 4 of the TTB regulations prohibits 

any label reference on a wine that 

indicates or implies an origin other than 

the wine’s true place of origin. If we 

establish this proposed viticultural area, 

its name, ‘‘Texoma,’’ will be recognized 

as a name of viticultural significance. 

Consequently, wine bottlers using 

‘‘Texoma’’ in a brand name, including a 

trademark, or in another label reference 

as to the origin of the wine, will have 

to ensure that the product is eligible to 

use the viticultural area’s name as an 

appellation of origin. The proposed part 

9 regulatory text set forth in this 

69560 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 

document specifies the ‘‘Texoma’’ name 

as a term of viticultural significance for 

purposes of part 4 of the TTB 

regulations. 

For a wine to be eligible to use as an 

appellation of origin the name of a 

viticultural area specified in part 9 of 

the TTB regulations, at least 85 percent 

of the grapes used to make the wine 

must have been grown within the area 

represented by that name. If the wine is 

not eligible to use the viticultural area 

name as an appellation of origin and 

that name appears in the brand name, 

then the label is not in compliance and 

the bottler must change the brand name 

and obtain approval of a new label. 

Similarly, if the viticultural area name 

appears in another reference on the 

label in a misleading manner, the bottler 

would have to obtain approval of a new 

label. Accordingly, if a new label or a 

previously approved label uses the 

name ‘‘Texoma’’ for a wine that does not 

meet the 85 percent standard, the new 

label will not be approved, and the 

previously approved label will be 

subject to revocation, upon the effective 

date of the approval of the Texoma 

viticultural area. 

Different rules apply if a wine has a 

brand name containing a viticultural 

area name that was used as a brand 

name on a label approved before July 7, 

1986. See 27 CFR 4.39(i)(2) for details. 

Public Participation 

Comments Invited 

We invite comments from interested 

members of the public on whether we 

should establish the proposed 

viticultural area. We are also interested 

in receiving comments on the 

sufficiency and accuracy of the name, 

climactic, boundary, and other required 

information submitted in support of the 

petition. Please provide any available 

specific information in support of your 

comments. In addition, TTB is 

interested in comments concerning the 

exclusion of those counties in 

Oklahoma that are considered to be 

within the Texoma region from the 

petitioned viticultural area. This 

includes information on any wine grape 

growing in those Oklahoma counties. 

Because of the potential impact of the 

establishment of the proposed Texoma 

viticultural area on brand labels that 

include the words ‘‘Texoma’’ as 

discussed above under Impact on 

Current Wine Labels, we are particularly 

interested in comments regarding 

whether there will be a conflict between 

the proposed area name and currently 

used brand names. If a commenter 

believes that a conflict will arise, the 

comment should describe the nature of 

that conflict, including any negative 

economic impact that approval of the 

proposed viticultural area will have on 

an existing viticultural enterprise. We 

are also interested in receiving 

suggestions for ways to avoid any 

conflicts, for example by adopting a 

modified or different name for the 

viticultural area. 

Confidentiality 

All comments and submitted 

materials are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider confidential or 

inappropriate for public disclosure.

Submitting Comments 

Please submit your comments by the 

closing date shown above in this notice. 

All comments must include this notice 

number and your name and mailing 

address. Your comments must be legible 

and written in language acceptable for 

public disclosure. We do not 

acknowledge receipt of comments, and 

we regard all comments as originals. 

You may submit comments in any of 

five ways: 

• Mail: You may send written 

comments to TTB at the address listed 

in the ADDRESSES section. 

• Facsimile: You may submit 

comments by facsimile transmission to 

202–927–8525. Faxed comments must—

(1) Be on 8.5- by 11-inch paper; 

(2) Contain a legible, written 

signature; and 

(3) Be no more than five pages long. 

This limitation assures electronic access 

to our equipment. We will not accept 

faxed comments that exceed five pages. 

• E-mail: You may e-mail comments 

to nprm@ttb.gov. Comments transmitted 

by electronic mail must—

(1) Contain your e-mail address; 

(2) Reference this notice number on 

the subject line; and 

(3) Be legible when printed on 8.5- by 

11-inch paper. 

• Online form: We provide a 

comment form with the online copy of 

this notice on our Web site at http://

www.ttb.gov/alcohol/rules/index.htm. 

Select the ‘‘Send comments via e-mail’’

link under this notice number. 

• Federal e-Rulemaking Portal: To 

submit comments to us via the Federal 

e-rulemaking portal, visit http://

www.regulations.gov and follow the 

instructions for submitting comments. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine, in light of all circumstances, 

whether to hold a public hearing. 

Public Disclosure 

You may view copies of this notice, 

the petition, the appropriate maps, and 

any comments we receive by 

appointment at the TTB Library at 1310 

G Street, NW., Washington, DC 20220. 

You may also obtain copies at 20 cents 

per 8.5 x 11-inch page. Contact our 

librarian at the above address or 

telephone 202–927–2400 to schedule an 

appointment or to request copies of 

comments. 

For your convenience, we will post 

this notice and any comments we 

receive on the TTB Web site. We may 

omit voluminous attachments or 

material that we consider unsuitable for 

posting. In all cases, the full comment 

will be available in the TTB Library. To 

access the online copy of this notice, 

visit http://www.ttb.gov/alcohol/rules/

index.htm. Select the ‘‘View 

Comments’’ link under this notice 

number to view the posted comments.

Regulatory Flexibility Act 

We certify that this proposed 

regulation, if adopted, would not have 

a significant economic impact on a 

substantial number of small entities. 

The proposed regulation imposes no 

new reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name would be the result of a 

proprietor’s efforts and consumer 

acceptance of wines from that area. 

Therefore, no regulatory flexibility 

analysis is required. 

Executive Order 12866 

This proposed rule is not a significant 

regulatory action as defined by 

Executive Order 12866, 58 FR 51735. 

Therefore, it requires no regulatory 

assessment. 

Drafting Information 

Jennifer Berry of the Regulations and 

Procedures Division drafted this notice.

List of Subjects in 27 CFR Part 9 

Wine.

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, we propose to amend 27 CFR, 

chapter I, part 9, Code of Federal 

Regulations, as follows:

PART 9—AMERICAN VITICULTURAL 

AREAS 

1. The authority citation for part 9 

continues to read as follows:

Authority: 27 U.S.C. 205.

2. Amend subpart C by adding § 9.___

to read as follows:

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Proposed Rules 69561

Subpart C—Approved American 

Viticultural Areas 

§ 9.___ Texoma. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Texoma’’. For purposes of part 4 of this 

chapter, ‘‘Texoma’’ is a term of 

viticultural significance. 

(b) Approved maps. The two USGS, 

1:250,000 scale, topographic maps used 

to determine the boundaries of the 

Texoma viticultural area are titled—

(1) Sherman, Texas; Oklahoma, 1954, 

revised 1977; and 

(2) Texarkana, Tex.; Ark.; Okla.; La., 

1953, revised 1972. 

(c) Boundary. The Texoma viticultural 

area is located in Montague, Cooke, 

Grayson, and Fannin counties, Texas. 

The area’s boundaries are defined as 

follows—

(1) The point of beginning is the 

northwest corner of Montague County 

on the Sherman map. From this point, 

the boundary line—

(2) Follows the Red River eastward 

along the Texas-Oklahoma State line to 

the northeast corner of Fannin County 

on the Texarkana map; 

(3) Continues southward along the 

eastern Fannin County line to a point, 

approximately three miles west of Petty, 

Texas, where a power line crosses the 

county line; 

(4) Continues southwest in a straight 

line for approximately 13 miles to the 

intersection of State Routes 34 and 50 in 

Ladonia, Texas; 

(5) Follows State Route 34 west to its 

intersection with State Route 68 on the 

Sherman map;

(6) From that intersection, continues 

west-southwesterly in a straight line to 

the intersection of U.S. Highway 69 and 

State Route 78 at Leonard, Texas; 

(7) Continues northwest on U.S. 

Highway 69 for approximately 6 miles 

to its intersection with State Route 121 

at Trenton, Texas; 

(8) From that intersection, continues 

westerly in a straight line to the 

intersection of State Routes 160 and 

121, and continues west on State Route 

121 to its intersection with U.S. 

Highway 75 at Van Alstyne, Texas; 

(9) Continues south along U.S. 

Highway 75 to the Grayson County line; 

(10) Continues west along the 

southern Grayson County line and then 

the southern Cooke County line to the 

line’s intersection with Interstate 35; 

(11) Continues north along Interstate 

35 to its intersection with State Route 

922 at Valley View, Texas; 

(12) Follows State Route 922 west for 

approximately 17 miles to Rosston, 

Texas; 

(13) Continues west-southwest from 

Rosston in a straight line for 

approximately 19 miles to the 

intersection of U.S. Highway 287 and 

State Route 101 at Sunset, Texas; 

(14) Follows U.S. 287 northwest 

approximately 17 miles to the western 

Montague County line; and 

(15) Continues north along the 

western Montague County line to the 

starting point at the northwest corner of 

Montague County.

Signed: November 10, 2004. 

Arthur J. Libertucci, 

Administrator.

[FR Doc. 04–26329 Filed 11–29–04; 8:45 am] 

BILLING CODE 4810–31–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD07–04–108] 

RIN 1625–AA09

Drawbridge Operation Regulations; 

Biscayne Bay, Atlantic Intracoastal 

Waterway, Miami River, and Miami 

Beach Channel, Miami-Dade County, 

FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

temporarily change the regulations 

governing the operation of the east and 

west spans of the Venetian Causeway 

bridges across the Miami Beach Channel 

on the Atlantic Intracoastal Waterway, 

the Miami Avenue bridge and the 

Brickell Avenue bridge across the 

Miami River, Miami-Dade County. This 

proposed rule would allow these 

bridges to remain in the closed position 

during the running of the Miami 

Tropical Marathon on January 30, 2005.

DATES: Comments and related material 

must reach the Coast Guard on or before 

December 30, 2004.

ADDRESSES: You may mail comments 

and related material to Commander 

(obr), Seventh Coast Guard District, 909 

SE. 1st Ave, Suite 432, Miami, FL 

33131–3050. Commander (obr) 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part this docket and will be 

available for inspection or copying at 

the Bridge Branch, Seventh Coast Guard 

District, between 8 a.m. and 4:30 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Gwin Tate, Project Manager, Seventh 

Coast Guard District, Bridge Branch, 

305–415–6747.

SUPPLEMENTARY INFORMATION:

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking [CGD07–04–108], 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the Bridge 

Branch, Seventh Coast Guard District, at 

the address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

The Miami Marathon Director 

requested that the Coast Guard 

temporarily change the existing 

regulations governing the operation of 

the east and west spans of the Venetian 

Causeway bridges, the Brickell Avenue 

bridge and the Miami Avenue bridge to 

allow them to remain in the closed 

position during the running of the 

Miami Tropical Marathon on Sunday, 

January 30, 2005. The closure times 

range from 6:05 a.m. through 12:05 p.m. 

The marathon route will pass over these 

four bridges and any bridge opening 

would disrupt the race. Based on the 

limited amount of time the bridges 

would be closed, the proposed rule 

would still provide for the reasonable 

needs of navigation on the day of the 

event.

The east and west spans of the 

Venetian Causeway bridges are located 

between Miami and Miami Beach. The 

current regulation governing the 

operation of the east span of the 

Venetian Causeway bridge is published 

in 33 CFR 117.269 and requires the 

bridge to open on signal; except that, 

from November 1 through April 30 from