66538 Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Proposed Rules

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 a 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.

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

3 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.

During the comment period, 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. However, the Director reserves

the right to determine, in light of all

circumstances, whether a public hearing

will be held.

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.

Regulatory Flexibility Act

It is hereby certified that this

proposed regulation will not have a

significant economic 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 describe more

accurately 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.

Accordingly, a regulatory flexibility

analysis is not required because the

proposal, if promulgated as a final rule,

is not expected (1) to have significant

secondary, or incidental effects on a

substantial number of small entities; or

(2) to impose, or otherwise cause a

significant increase in the reporting,

recordkeeping, or other compliance

burdens on a substantial number of

small entities.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Pub. L. No. 96–

511, 44 U.S.C. Chapter 35, and its

implementing regulations, 5 CFR Part

1320, do not apply to this notice of

proposed rulemaking because no

requirement to collect information is

proposed.

Drafting Information

The principal author of this document

is David Brokaw, Wine, Beer and Spirits

Regulations Branch, Bureau of Alcohol,

Tobacco and Firearms.

List of 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

Par. 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 § 9.152 to read as follows:

* * * * *

§ 9.152 Malibu-Newton Canyon.

(a) Name. The name of the viticultural

area described in this petition is

‘‘Malibu-Newton Canyon.’’

(b) Approved maps. The appropriate

map for determining the boundary of

the Malibu-Newton Canyon viticultural

area is the U.S.G.S. map, ‘‘Point Dume

Quadrangle, California’’ (7.5 Minute

Series 1:24,000 Topographic map,

photorevised 1981).

(c) Boundary. The Malibu-Newton

Canyon viticultural area is located in

Los Angeles County, California. The

boundary is as follows:

(1) Beginning at the intersection of the

Newton Canyon creek (lowest elevation)

and an unnamed medium duty road

referred to by the petitioner as Kanan

Dume Road at the boundary of section

13 and 18 on the U.S.G.S. map ‘‘Point

Dume Quadrangle.’’

(2) Then south along Kanan Dume

Road to the point where an unnamed,

unimproved dirt road referred to by the

petitioner as Ramerez Mountain Way

crosses over Kanan Dume Road at the

tunnel in the northwest corner of

section 19.

(3) Then east along Ramerez

Mountain Way, following the southern

ridgeline of Newton Canyon, to Latigo

Canyon Road in the southwest corner of

section 17.

(4) Then south along Latigo Canyon

Road to an unnamed, unimproved dirt

road referred to by the petitioner as

Newton Mountain Way at the southern

boundary of section 17.

(5) Then northeast along Newton

Mountain Way, following the

southeastern ridgeline of Newton

Canyon, to an unnamed, unimproved

dirt road referred to by the petitioner as

Castro Mountain Way in section 16.

(6) Then west along Castro Mountain

Way, past Castro Peak, following the

northern ridgeline of Newton Canyon to

Latigo Canyon Road in section 18.

(7) Then southwest along the natural

ridgeline of Newton Canyon to the

intersection of Kanan Dume Road and

the 1,600 foot contour line in the

southeastern portion of section 13.

(8) Then southeasterly along Kanan

Dume Road to the beginning point.

Signed: December 11, 1995.

Daniel R. Black,

Acting Director.

[FR Doc. 95–31169 Filed 12–21–95; 8:45 am]

BILLING CODE 4810–31–P

ARCHITECTURAL AND

TRANSPORTATION BARRIERS

COMPLIANCE BOARD

36 CFR Parts 1190 and 1191

Accessibility Guidelines for Play

Facilities

AGENCY: Architectural and

Transportation Barriers Compliance

Board.

ACTION: Notice of intent to form a

regulatory negotiation committee.

SUMMARY: The Architectural and

Transportation Barriers Compliance

Board (Access Board) proposes to

establish a regulatory negotiation

committee to develop a proposed rule

on accessibility guidelines for newly
Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Proposed Rules 66539

1The Americans with Disabilities Act (42 U.S.C.

12101 et seq.) is a comprehensive civil rights law

which prohibits discrimination on the basis of

disability and requires, among other things, that

newly constructed and altered State and local

government facilities, places of public

accommodation, and commercial facilities be

readily accessible to and usable by individuals with

disabilities.

The Architectural Barriers Act (42 U.S.C. 4151 et

seq.) requires that certain federally financed

facilities be readily accessible to and usable by

individuals with disabilities.

The Access Board is an independent Federal

agency established by section 502 of the

Rehabilitation Act (29 U.S.C. 792) whose primary

mission is to promote accessibility for individuals

with disabilities. The Access Board consists of 25

members. Thirteen are appointed by the President

from among the public, a majority of who are

required to be individuals with disabilities. The

other twelve are heads of the following Federal

agencies or their designees whose positions are

Executive Level IV or above: The Departments of

Health and Human Services, Education,

Transportation, Housing and Urban Development,

Labor, Interior, Defense, Justice, Veterans Affairs,

and Commerce; General Services Administration;

and United States Postal Services.

2The Association for Persons with Severe

Handicaps.

3American Society for Testing and Materials.

constructed and altered play facilities

covered by the Americans with

Disabilities Act and the Architectural

Barriers Act. The regulatory negotiation

committee will be composed of

organizations who represent the

interests affected by the accessibility

guidelines for play facilities. The Access

Board invites comments on the proposal

to establish the regulatory negotiation

committee and the proposed committee

membership.

DATES: Comments should be received by

January 22, 1996.

ADDRESSES: Comments should be sent to

the Office of Technical and Information

Services, Architectural and

Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, D.C. 20004–1111. Fax

number (202) 272–5447.

FOR FURTHER INFORMATION CONTACT:

Peggy Greenwell, Office of Technical

and Information Services, Architectural

and Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, D.C. 20004–1111.

Telephone number (202) 272–5434

extension 34 (Voice); (202) 272–5449

(TTY). This document is available in

alternate formats (cassette tape, braille,

large print, or computer disc) upon

request.

SUPPLEMENTARY INFORMATION: The

Architectural and Transportation

Barriers Compliance Board (Access

Board) is responsible for developing

accessibility guidelines under the

Americans with Disabilities Act and the

Architectural Barriers Act to ensure that

new construction and alterations of

facilities covered by the laws are readily

accessible to and usable by individuals

with disabilities.1 In July 1993, the

Access Board established the Recreation

Access Advisory Committee to examine

various types of recreation facilities and

make recommendations for accessibility

guidelines for the facilities. The

committee presented its

recommendations in July 1994 covering

six types of recreation facilities: sports

facilities; places of amusement; play

facilities; golf facilities; boating and

fishing facilities; and outdoor developed

areas. The Access Board issued an

advance notice of proposed rulemaking

(ANPRM) in September 1994 inviting

public comment on the committee’s

recommendations. 59 FR 48542

(September 21, 1994). Comments

received in response to the ANPRM

generally supported the committee’s

recommendations. However, the

comments revealed that there is not

presently consensus on some major

issues regarding play facilities and

outdoor developed area among interests

that potentially would be affected by

accessibility guidelines for those

facilities.

The Access Board proposes to

establish a regulatory negotiation

committee to develop a proposed rule

on accessibility guidelines for play

facilities. Regulatory negotiation is a

supplement to the traditional

rulemaking process that allows for faceto-face negotiations among

representatives of affected interests,

including the agency, with a goal of

arriving at a consensus decision on the

text of a proposed rule. The proposed

rule is then published in the Federal

Register and the public has an

opportunity to comment.

Play facilities are commonly found in

schools, parks, day care centers, and

other settings designed for children.

Play facilities include equipment such

as slides, swings and ladders; areas

designed for play activities such as sand

play areas; and soft contained play

structures. Among the issues to be

considered in developing the

accessibility guidelines are providing an

accessible route within play facilities

and providing access to elevated play

equipment and structures.

The following interests are likely to be

significantly affected by accessibility

guidelines for play facilities:

• Manufactures and designers;

• State and local governments;

• Schools, parks, and day care

centers;

• Individuals with disabilities;

• Voluntary standard groups; and

• Federal government.

The Access Board proposes to appoint

the following organizations to represent

the interests identified above on the

regulatory negotiation committee:

Playground Equipment Manufacturers

Association

American Society of Landscape Architects

International City/County Management

Association

National Association of Counties

National League of Cities

National Association of Elementary School

Principals

National Recreation and Park Association

National Child Care Association

National Council on Independent Living

National Easter Seal Society

TASH 2

Spina Bifida Association of America

The Council for Exceptional Children

United Cerebral Palsy Association

ASTM 3 Public Playground Committee (F

15.29)

ASTM 3 Soft Contained Play Committee (F

15.36)

Access Board

Comments are invited on the proposal

to establish the regulatory negotiation

committee and the proposed

membership of the committee. Persons

who will be significantly affected by the

accessibility guidelines for play

facilities and who believe that their

interests will not be adequately

represented by the above organizations

may apply for, or nominate another

person for, membership on the

regulatory negotiation committee.

Applications or nominations should

include the following information: (i)

The name of the applicant or nominee

and the interest that the person

proposes to represent; (ii) evidence that

the applicant or nominee is authorized

to represent an organization or other

parties having interests similar to the

interests the person proposes to

represent; (iii) a written commitment

that the applicant or nominee would

participate in good faith; and (iv) the

reasons that the organizations specified

in this notice do not adequately

represent the interests that applicant or

nominee proposes to represent.

For regulatory negotiation to be

effective, the size of the committee will

be limited. Each person or organization

affected by accessibility guidelines for

play facilities need not have its own

representative on the regulatory

negotiation committee. Rather, each

interest must be adequately represented

and the membership must be fairly

balanced. Meetings of the regulatory

negotiation committee will be

announced in the Federal Register. The

meeting will be open to the public and

anyone may attend the meetings and

confer with or provide their views to

members of the regulatory negotiation

committee.
66540 Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Proposed Rules

The Access Board has arranged for the

Federal Mediation and Conciliation

Service to provide facilitators for the

regulatory negotiation committee. Staff

support would be provided by the

Access Board. Members of the

regulatory negotiation committee will

not be compensated for their service.

The Access Board may pay travel

expenses for a limited number of

persons who would otherwise be unable

to serve on the regulatory negotiation

committee. Members of the regulatory

negotiation committee will not be

considered special government

employees since they will serve as

representatives of their organizations

and will not be required to file

confidential financial disclosure reports.

After reviewing the comments

received in response to this notice, the

Access Board will issue a notice in the

Federal Register announcing the

establishment of the regulatory

negotiation committee and the

committee membership, unless it is

determined based on the comments that

regulatory negotiation would be

inappropriate.

The first meeting of the regulatory

negotiation committee is tentatively

scheduled for March 5, 6 and 7, 1996 in

Washington, D.C.

The Access Board expects that the

regulatory negotiation committee will

develop a proposed rule on accessibility

guidelines for play facilities within nine

months of the first meeting. However, if

unforseen delays occur, the Chairman of

the Access Board may agree to an

extension of that time if a consensus of

the regulatory negotiation committee

believes that additional time will result

in agreement.

After the regulatory negotiation

committee develops a proposed rule on

accessibility guidelines for play

facilities, the Access Board will issue a

notice of proposed rulemaking (NPRM)

inviting public comment on the

proposed rule. The NPRM will also

include proposed rules on accessibility

guidelines for sports facilities, places of

amusement, golf facilities, and boating

and fishing facilities based upon the

recommendations of the Recreation

Access Advisory Committee and the

comments received on those

recommendations. The Access Board

intends to establish another regulatory

negotiation committee to develop a

proposed rule on accessibility

guidelines for outdoor developed areas

after the proposed rule on accessibility

guidelines for play facilities is

developed. A separate notice will be

issued in a future edition of the Federal

Register inviting comment on the

establishment of a regulatory

negotiation committee to develop a

proposed rule on assessibility

guidelines for outdoor developed areas

and that committee membership.

Issued on December 18, 1995.

John H. Catlin,

Chairman, Architectural and Transportation

Barriers Compliance Board.

[FR Doc. 95–31192 Filed 12–21–95; 8:45 am]

BILLING CODE 8150–01–P