Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules 21707

PART 101—GENERAL PROVISIONS

1. The general and relevant specific

sectional authority citations for part 101

would continue to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,

1202 (General Note 20, Harmonized Tariff

Schedule of the United States), 1623, 1624,

1646a.

Sections 101.3 and 101.4 also issued

under 19 U.S.C. 1 and 58b;

* * * * *

2. It is proposed to amend § 101.1 by

revising the definition for ‘‘Customs

station’’ to read as follows:

§ 101.1 Definitions.

* * * * *

Customs station. Other than for

purposes of assessing user fees under 19

U.S.C. 58c where a ‘‘Customs station’’ is

the functional equivalent of a port of

entry, a ‘‘Customs station’’ is any place,

other than a port of entry, at which

Customs officers or employees are

stationed, under the authority contained

in article IX of the President’s Message

of March 3, 1913 (T.D. 33249), to enter

and clear vessels, accept entries of

merchandise, collect duties, and enforce

the various provisions of the Customs

and navigation laws of the United

States.

* * * * *

3. It is proposed to amend § 101.4 by

revising the section heading, paragraph

(b), introductory text, and paragraph

(b)(3) to read as follows:

§ 101.4 Entry and clearance of vessels at

Customs stations and places other than a

port of entry.

* * * * *

(b) Authorization to enter.

Authorization to enter or be cleared at

a Customs station, or any other place

that is not a port of entry, will be

granted by the director of the port under

whose jurisdiction the station or place

falls provided the port director is

notified in advance of the arrival of the

vessel concerned and the following

conditions are met:

* * * * *

(3) The owner, master, or agent of a

vessel sought to be entered at a place

other than a port of entry or designated

Customs station reimburses the

Government for the salary and expenses

of the Customs officer or employee

stationed at or sent to such other place

which is not a port of entry or a

designated Customs station for services

rendered in connection with the entry

or clearance of the vessel, and

* * * * *

Raymond W. Kelly,

Commissioner of Customs.

Approved: October 26, 2000.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 01–10718 Filed 4–30–01; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 9

[Notice No. 916]

RIN 1512–AA07

Proposed Rockpile Viticultural Area

(2000R–436P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Bureau of Alcohol,

Tobacco and Firearms (ATF) has

received a petition proposing the

establishment of a viticultural area

located in northwest Sonoma County,

California. The proposed Rockpile

viticultural area would consist of

approximately 14,000 acres of land

which the petitioner states is at or above

the 800′ elevation, includes areas of

small rock and gravel mixed in the

topsoil, some with outcroppings of

larger rock, and growing conditions

favorable for commercial wine grapes.

DATES: Written comments must be

received by July 2, 2001.

ADDRESSES: Send written comments to:

Chief, Regulations Division, Bureau of

Alcohol, Tobacco and Firearms, P.O.

Box 50221, Washington, DC 20091–0221

(Attn: Notice No. 916). Copies of the

petition, the proposed regulations, the

appropriate maps, and any written

comments received will be available for

public inspection during normal

business hours at the ATF Reading

Room, Office of Public Affairs and

Disclosure, Room 6480, 650

Massachusetts Avenue, NW.,

Washington, DC 20226. Submit e-mail

comments to: nprm@atfhq.atf.treas.gov.

E-mail comments must contain your

name, mailing address, and e-mail

address. They must also reference this

notice number and be legible when

printed on not more than three pages

81⁄2′′ x 11′′ in size. We will treat e-mail

as originals and we will not

acknowledge receipt of e-mail. See

Public Participation section of this

notice for alternative means of

commenting.

FOR FURTHER INFORMATION CONTACT: N.A.

Sutton, Specialist, Regulations Division

(San Francisco, CA), Bureau of Alcohol,

Tobacco and Firearms, 221 Main Street,

11th Floor, San Francisco, CA (415)

744–7011.

SUPPLEMENTARY INFORMATION:

Background

On August 23, 1978, ATF published

Treasury Decision ATF–53 (43 FR

37672, 54624) revising regulations in 27

CFR Part 4. These regulations allow the

establishment of definitive viticultural

areas. The regulations allow the name of

an approved viticultural area to be used

as an appellation of origin on wine

labels and in wine advertisements. On

October 2, 1979, ATF published

Treasury Decision ATF–60 (44 FR

56692) which added a new Part 9 to 27

CFR, for the listing of approved

American viticultural areas, the names

of which may be used as appellations of

origin.

27 CFR 4.25(e)(1) defines an

American viticultural area as a

delimited grape-growing region

distinguishable by geographic features,

the boundaries of which have been

delineated in Subpart C of Part 9.

Section 4.25a(e)(2) outlines the

procedure for proposing an American

viticultural area. Any interested person

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

The petition should include:

(a) Evidence that the name of the

proposed viticultural area is locally

and/or nationally known as referring to

the area specified in the petition;

(b) Historical or current evidence that

the boundaries of the viticultural area

are as specified in the petition;

(c) Evidence relating to the

geographical characteristics (climate,

soil, elevation, physical features, etc.)

which distinguish the viticultural

features of the proposed area from

surrounding areas;

(d) A description of the specific

boundaries of the viticultural area,

based on features which can be found

on United States Geological Survey

(U.S.G.S.) maps of the largest applicable

scale; and

(e) A copy (or copies) of the

appropriate U.S.G.S. map(s) with the

boundaries prominently marked.

Petition

The Bureau of Alcohol, Tobacco and

Firearms (ATF) has received a petition

proposing a new viticultural area to be

21708 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules

called Rockpile. The proposed

viticultural area is located in northwest

Sonoma County, California, and

encompasses approximately 14,000

acres, of which 148 acres are planted to

vineyards. This proposed area overlaps

approximately 2,500 acres with the

approved Dry Creek Valley viticultural

area.

Evidence That the Name of the Area Is

Locally or Nationally Known

Initial reference to the Rockpile name

dates to 1858 (The Sonoma Democrat

newspaper, Santa Rosa, CA, 10/28/

1882), and is based on cattle-raising at

this ‘‘Rock Pile Ranch’’ location.

According to the petitioner, in 1911 an

investment partnership purchased about

21,000 acres of property in this area,

naming it La Roca Monte Rancho,

Spanish for the Rocky Peak. The

property soon became known by its

English name of Rockpile Ranch.

The Rockpile local name usage is

noted on the current USGS Warm

Springs Dam, Cloverdale and Big Foot

Mountain Quadrangle maps, all parts of

the petition. The most recent AAA

Mendocino and Sonoma Coast Region

map shows Rockpile Road within the

proposed viticultural area.

Historical or Current Evidence That the

Boundaries of the Viticultural Area Are

as Specified in the Petition

The boundaries are based on

historical name usage and the

combination of geographical features,

predominantly elevation and rocky

terrain.

The historical name usage, according

to the petitioner and as researched by

historian Cathy Park, stems from a 1911

investment partnership that purchased

land in the petitioned area. Acquisitions

included the existing Rockpile Ranch,

Rockpile Peak and surrounding areas.

To manage this vast sheep-raising and

hunting property, the area was

eventually divided into Rockpile #1,

Rockpile #2 and Rockpile #3 ranches.

During the Depression much of the

property was sold, but 18,000 acres of

the Rockpile Ranch #3 area was

preserved as a working sheep ranch. By

the 1930’s the area became locally

known as Rockpile, and the winding

road to the ranch headquarters was

named Rockpile Road. USGS and AAA

maps identify the area and road as

Rockpile.

The predominant geographic

highlight is the 800′ and above elevation

of the entire petitioned area. This

feature makes it higher than other grapegrowing areas in the immediate

proximity.

Evidence Relating to the Geographical

Features (Climate, Soil, Elevation,

Physical Features, etc.) Which

Distinguish Viticultural Features of the

Proposed Area From Surrounding

Areas

The petitioner has defined the

proposed viticultural area based on a

geographic combination of elevation,

terrain and climate.

The elevation of the Rockpile area, as

shown on the USGS maps, spans from

800′ to approximately 1900′. According

to the petition, the east and north side

boundaries are delineated by the 800′

elevation, while the south and west

boundaries average close to 1,800′ in

elevation. Currently, vineyards are

established from 800′ to 1,800′

elevations, with approximately 95% of

the planted area above the 1,000′

elevation. This higher elevation

provides different climatic influences.

Spring daytime temperatures in the

proposed area run five to ten degrees

cooler than the Healdsburg area,

approximately ten miles southeast,

according to the petition. In the absence

of a marine inversion layer, or fog, the

temperature decreases about six degrees

Fahrenheit for additional 1,000 feet of

elevation. The cool prevailing

northwesterly spring breezes, which are

not as prevalent at the lower elevations

of the protected valley floors, increase

the cooling effect. According to the

petition, the viticultural effect of this

cooling creates a delayed bud break and

slower growth, resulting in delayed

bloom and fruit set.

Summer weather in the Rockpile area,

according to the petition, is slightly

warmer than the area valleys due to less

fog and more clear weather, resulting in

increased sunshine and warmer

temperatures. On days when the marine

inversion is shallower than 1,000 feet,

Rockpile is above the fog.

Fall night temperatures, as stated in

the petition, can be warmer than in the

surrounding areas, with less fog at 800′

and above than at lower elevations. The

crucial grape ripening period of

September and early October is

generally warmer and drier in the

Rockpile locality than in surrounding

viticultural areas.

The soils, according to the petition,

differ from neighboring valley

viticultural areas by the relative absence

of silt and sand, the higher oxidized

iron properties (red color), and the clay

subsoil. The topsoil, generally loam to

clay loam with a red to brown color, is

twelve to twenty-four inches in depth in

the better viticultural locations. There

are areas of small rock and gravel mixed

in the topsoil, some with outcroppings

of larger rock. The topsoil depth, and

amounts of clay, rock and organic

matter vary within the area. The topsoil

is acid to very acid, and the subsoil is

more clay-like in texture; however, areas

of weathered shale and sandstone, in

addition to the topography, contribute

to well-drained vineyard conditions.

Proposed Boundaries

The proposed viticultural area is in

northwest Sonoma County, California.

The approved USGS maps for

determining the boundary of the

proposed Rockpile viticultural area are

Warm Springs Dam Quadrangle,

California—Sonoma Co., 7.5 Minute

Series, edition of 1978; Cloverdale

Quadrangle, California, 7.5 Minute

Series, edition of 1975; Tombs Creek

Quadrangle, California—Sonoma Co.,

7.5 Minute Series, edition of 1978; and

Big Foot Mountain Quadrangle,

California, 7.5 Minute Series, edition of

1991.

The area is of an irregular east-to-west

rectangular shape, with Rockpile Road

running through its length. The eastern

portion starts at the western edge of the

Lake Sonoma Recreational Area and

Warm Springs Dam, and runs in a westnorthwesterly direction. The western

portion of the petitioned area

encompasses Rockpile Peak and

Rockpile Ranch #3.

A portion of Rockpile’s proposed

eastside overlaps with the northwest

corner of the Dry Creek Valley

viticultural area. Approximately 2,500

acres, or 3% of the Dry Creek Valley

viticultural area and 18% of the

Rockpile area, is common territory. This

overlapping area is flanked by the Dry

Creek estuary to the north and Warm

Springs Creek estuary to the south.

Public Participation—Written

Comments

ATF requests comments from all

interested persons. Comments received

on or before the closing date will be

carefully considered. Comments

received after that date will be given the

same consideration if it is practical to

do so. However, assurance of

consideration can only be given to

comments received on or before the

closing date.

ATF will not recognize any submitted

material as confidential and comments

may be disclosed to the public. Any

material which the commenter

considers to be confidential or

inappropriate for disclosure to the

public should not be included in the

comments. The name of the person

submitting a comment is not exempt

from disclosure.

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules 21709

Comments may be submitted by

facsimile transmission to (202) 927–

8602, provided the comments: (1) are

legible; (2) are 81⁄2′′ x 11′′ in size, (3)

contain a written signature, and (4) are

three pages or less in length. This

limitation is necessary to assure

reasonable access to the equipment.

Comments sent by FAX in excess of

three pages will not be accepted.

Receipt of FAX transmittals will not be

acknowledged. Facsimile transmitted

comments will be treated as originals.

Any person who desires an

opportunity to comment orally at a

public hearing on the proposed

regulation should submit his or her

request, in writing, to the Director

within the 60-day comment period. The

Director, however, reserves the right to

determine, in light of all circumstances,

whether a public hearing will be held.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1995, 44 U.S.C.

Chapter 35, and its implementing

regulations, 5 CFR Part 1320, do not

apply to this notice because no

requirement to collect information is

proposed.

Regulatory Flexibility Act

It is hereby certified that this

proposed regulation will not have a

significant impact on a substantial

number of small entities. The

establishment of a viticultural area is

neither an endorsement nor approval by

ATF of the quality of wine produced in

the area, but rather an identification of

an area that is distinct from surrounding

areas. ATF believes that the

establishment of viticultural areas

merely allows wineries to more

accurately describe the origin of their

wines to consumers, and helps

consumers identify the wines they

purchase. Thus, any benefit derived

from the use of a viticultural area name

is the result of the proprietor’s own

efforts and consumer acceptance of

wines from that area.

No new requirements are proposed.

Accordingly, a regulatory flexibility

anlysis is not required.

Executive Order 12866

It has been determined that this

proposed regulation is not a significant

regulatory action as defined by

Executive Order 12866. Accordingly,

this proposal is not subject to the

analysis required by this Executive

Order.

Drafting Information

The principal author of this document

is N.A. Sutton, Regulations Division

(San Francisco), Bureau of Alcohol,

Tobacco, and Firearms.

List Subjects in 27 CFR Part 9

Administrative practices and

procedures, Consumer protection,

Viticultural areas, and Wine.

Authority and Issuance

Title 27, Code of Federal Regulations,

part 9, American Viticultural Areas, is

proposed to be amended as follows:

PART 9—AMERICAN VITICULTURAL

AREAS

Paragraph 1. The authority citation

for part 9 continues to read as follows:

Authority: 27 U.S.C. 205.

Subpart C—Approved American

Viticultural Areas

Par 2. Subpart C is amended by

adding Section 9.173 to read as follows:

§ 9.173 Rockpile.

(a) Name. The name of the viticultural

area described in this section is

‘‘Rockpile.’’

(b) Approved map. The appropriate

maps for determining the boundary of

the Rockpile viticultural area are four

1:24,000 Scale USGS topography maps.

They are titled:

(1) Warm Springs Dam Quadrangle,

CA—Sonoma Co. 1978

(2) Cloverdale Quadrangle, CA 1975

(3) Tombs Creek Quadrangle, CA—

Sonoma Co. 1978

(4) Big Foot Mountain Quadrangle,

CA 1991

(c) Boundary. The proposed

viticultural area is located in northwest

Sonoma County, California. The

boundary encircles the Rockpile Ranch

area, located west of Lake Sonoma. The

point of beginning is the intersection of

Rockpile Road and the boundary line

between Section 14 and 15, Township

10 N, Range 11 W (Warm Springs Dam

Quadrangle);

(1) Then proceed north along the

Sections 15 and 10 east boundary lines

to the intersection of the 800′ contour

line, Township 10N, Range 11W (Warm

Springs Dam Quadrangle);

(2) Then proceed west along the 800′

contour line through Sections 10, 9, 4,

5, 32 and into Section 31, Townships 10

and 11 N, Range 11 W (Warm Springs

Dam and Cloverdale Quadrangles);

(3) Then proceed west along the 800′

contour line in Section 31, following the

line as it reverses to the east direction,

Township 11 N, Range 11 W (Big Foot

Mountain Quadrangle);

(4) Then proceed along the 800′

contour line east through Sections 31,

32 and 33, and northwest through

Sections 33, 32, 29 and 30, Township 11

N, Range 11 W (Cloverdale Quadrangle);

(5) Then proceed west along the 800′

contour line through Sections 30, 25, 24,

23, 14, 15, 22, 21, 20 to the intersection

with the east boundary line of Section

19, Township 11 N, Range 12 W (Big

Foot Mountain Quadrangle);

(6) Then proceed south along the east

boundary line of Sections 19, 30 and 31

to the intersection with the Township

11 N and 10 N boundary line, Township

11 N, Range 12 W (Big Foot Mountain

Quadrangle);

(7) Then proceed east along the

Township 10 and 11 N boundary line to

the intersection with the Sections 2 and

1 boundary line, Township 10 and 11 N,

Range 12 W (Big Foot Mountain

Quadrangle);

(8) Then proceed south along the

Section 1 west boundary line, turning

east at the southwest corner of Section

1 and continuing east to Section 6,

Township 10 N, Range 12 W (Big Foot

Mountain and Tombs Creek

Quadrangles);

(9) Then proceed east along the south

boundary of Section 6 to the

intersection with Section 8, Township

10 N, Range 11 W (Tombs Creek and

Warm Springs Dam Quadrangles);

(10) Then proceed south along the

west boundary of Section 8, turning east

at its southwest corner and continuing

east to the intersection with the 876′

market, Township 10 N, Range 11 W

(Warm Springs Dam Quadrangle);

(11) Then proceed straight south in

Section 16 to the intersection with the

800’ contour line Township 10 N, Range

11 W (Warm Springs Dam Quadrangle);

(12) Then follow the 800′ contour line

as it meanders west, southeast,

southwest and east to its intersection

with Section 14, and continues north

along the west boundary line of Section

14, returning to the point of beginning

at Rockpile Road and the Section 14

west boundary line, Township 10 N,

Range 11 W (Warm Springs Dam

Quadrangle).

Signed: April 13, 2001.

Bradley A. Buckles,

Director.

[FR Doc. 01–10811 Filed 4–30–01; 8:45 am]

BILLING CODE 4810–31–M