29952 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

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

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: May 7, 1996.

Bradley C. Buckles,

Acting Director.

Approved: May 24, 1996.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 96–14857 Filed 6–12–96; 8:45 am]

BILLING CODE 4810–31–P

Bureau of Alcohol, Tobacco, and

Firearms

27 CFR Part 9

[T.D. ATF–377; Ref: Notice No. 818, T.D.

ATF–148]

RIN 1512–AA07

Extension Of The Paso Robles

Viticultural Area (93F–026T)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of

Treasury.

ACTION: Final rule. Treasury decision.

SUMMARY: This final rule extends the

western border of the Paso Robles

viticultural area in San Luis Obispo

County, California. This extension will

include vineyard land similar to land in

the current Paso Robles viticultural area

which was established on October 4,

1983, by the issuance of Treasury

Decision ATF–148 (48 FR 45241). This

extension of the western border adds

approximately 52,618 acres, of which

235 acres are being planted to

vineyards.

EFFECTIVE DATE: August 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Mary Lou Blake, Wine, Beer, and Spirits

Regulations Branch, Bureau of Alcohol,

Tobacco and Firearms, 650

Massachusetts Avenue, NW.,

Washington, DC 20226 (202–927–8210).

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 American

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.

Section 4.25a(e)(1), Title 27 CFR,

defines an American viticultural area as

a delimited grape-growing region

distinguishable by geographical

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 features (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 the features which can be

found on United States Geological

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

applicable scale; and

(e) A copy of the appropriate U.S.G.S.

map with the boundaries prominently

marked.

Petition

The original petition to extend the

western border of the Paso Robles

viticultural area was filed in July 1993,

by Justin C. Baldwin as spokesperson

for his own vineyard and winery and for

five other vineyards in the area. All of

the vineyards and the winery, which are

located outside the western border of

the current Paso Robles viticultural area,

were established after the original Paso

Robles viticultural area was approved.

At the time Mr. Baldwin submitted his

petition additional information was still

needed to complete the petition. Until

the additional information could be

obtained, the original petition was

returned to Mr. Baldwin.

July Ackerman, Executive Director of

the Paso Robles Vintners and Growers

Association, later resubmitted the

petition in December 1994. Ms.

Ackerman, in her official role as

Executive Director, along with members

of the Paso Robles Vintners and Growers

Association, supported the extension.

The petition also included the names of

71 people in the grape and wine
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29953

industries who supported the expansion

area.

Ms. Ackerman stated the expansion

area has always been considered a part

of the Paso Robles Wine Country. In

fact, the petition noted that the

expansion area was included in the

original petition but was removed due

to a petition involving a contiguous

area. The expansion area is between the

boundaries set forth in these two

petitions. In 1989 the Paso Robles

Chamber of Commerce published ‘‘A

History and Tour Guide of the Paso

Robles Wine Country.’’ Included in this

publication was one of the vineyards

and wineries located in the expansion

area. As noted, the expansion area was

also originally included in the petition

for the current Paso Robles viticultural

area. However, a concurrent petition

was being considered for the York

Mountain viticultural area and to

prevent any intrusion into York

Mountain the petitioner for Paso Robles

amended the southwestern border. At

the same time, the western boundary

was amended to begin at the next most

eastern range line. At the time of this

amendment, no vineyards had been

established in the area beyond the

amended western boundary.

The expanded western border of the

Paso Robles viticultural area will

continue to maintain a southwestern

border adjacent to York Mountain’s

northern border. This expansion would

add approximately 52,618 acres to the

existing viticultural area. Since the final

rule for the Paso Robles viticultural area

was published in 1983, seven vineyards

have been planted in the expansion

area.

Notice of Proposed Rulemaking

In response to Ms. Ackerman’s

petition, ATF published a notice of

proposed rulemaking, Notice No. 818, in

the Federal Register on January 10,

1996 (61 FR 706), proposing the

extension of the western border. This

notice requested comments from all

interested persons. Written comments

were to be received on or before April

9, 1996. No comments were received in

response to Notice No. 818.

Historical and Current Evidence

The name of the area comes from the

Spanish name ‘‘El Paso de Robles’’

(meaning ‘‘the Pass of the Oaks’’), which

was given to the area by travelers

between the missions of San Miguel and

San Luis Obispo. A land grant, in this

name, was conveyed by Governor

Micheltorena to Pedro Narvaez on May

12, 1844. This land grant included the

present area of Paso Robles, Templeton,

and Adelaida.

Historically, the Santa Lucia

Mountain range has been known as the

western border of the Paso Robles area.

All seven of the vineyards planted since

1983 are located east of the Santa Lucia

Mountain Range, just beyond the

western border of the current Paso

Robles Viticultural area and north of the

York Mountain viticultural area.

In addition, the expansion area

contains the same telephone number

prefixes and post office zip codes as the

existing viticultural area. Further, the

expansion area utilizes the same

government services (i.e. schools, fire

departments, etc.) as the existing

viticultural area.

Geographical Evidence

The petitioner provided geographical

evidence derived from the ‘‘Soil Survey

of San Luis Obispo County, California’’

—Paso Robles Area. This survey was a

cooperative effort of the Soil

Conservation Service and the University

of California Agriculture Experiment

Station. Petitioner’s data also reflects

information collected from airports,

forestry stations, city and county

historical records and individual

agriculturalists.

The expansion area is characterized

by rolling hills, 750 feet to 1800 feet,

similar to the current Paso Robles

appellation and unlike the more

mountainous area of York Mountain.

Soils generally consist of Nacimiento

Ayar, Nacimento Los Osos Balcom

Series and Linne-Calodo Series, three of

the four soil types found in the current

appellation.

Temperatures in the expansion area

are the same as the current appellation,

ranging between 20–110 degrees

Fahrenheit. Rainfall in the current

appellation is between 10 and 25 inches

per year. The expansion area averages

25 inches per year maintaining a

similarity with the current appellation

and less than the 45 inches per year

within the York Mountain Viticultural

Area. Degree days of 2500—3500 are

also the same for both the current

appellation and the expansion area.

Boundaries

The boundaries for the extension of

the Paso Robles viticultural area use

range and township lines, the county

line and other points of reference. These

same features are used as boundaries for

the existing Paso Robles viticultural

area.

The points of reference for the

boundaries of the current viticultural

area and the expansion area are found

on United States Geological Survey

(U.S.G.S.) map entitled ‘‘San Luis

Obispo,’’ scale 1:250,000 (1956, revised

1969).

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Pub. L. 96–511,

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

implementing regulations, 5 CFR Part

1320, do not apply to this final rule

because no requirement to collect

information is imposed.

Regulatory Flexibility Act

It is hereby certified that this

regulation will not have a significant

economic impact on a substantial

number of small entities. 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 region.

No new recordkeeping or reporting

requirements are imposed. Accordingly,

a regulatory flexibility analysis is not

required.

Executive Order 12866

It has been determined that this

regulation is not a significant regulatory

action as defined by Executive Order

12866. Therefore, a regulatory

assessment is not required.

Drafting Information

The principal author of this document

is Mary Lou Blake, Wine, Beer, and

Spirits Regulations Branch, Bureau of

Alcohol, Tobacco and Firearms.

List of Subject 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

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.

Par. 2. Subpart C is amended by

revising section 9.84(c) to read as

follows:

Subpart C—Approved American

Viticultural Areas

* * * * *

§ 9.84 Paso Robles.

* * * * *

(c) Boundaries. The Paso Robles

viticultural area is located within San

Luis Obispo County, California. From

the point of beginning where the county
29954 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

lines of San Luis Obispo, Kings and

Kern Counties converge, the county line

also being the township line between

T.24S. and T.25S., in R.16E.:

(1) Then in a westerly direction along

this county line for 42 miles to the range

line between R.9E. and R.10E.;

(2) Then in a southerly direction for

12 miles along the range line to the

southwest of corner of T.26S. and

R.10E.;

(3) Then in a southeasterly direction,

approximately 5.5 miles to a point of

intersection of the Dover Canyon Jeep

Trail and Dover Canyon Road;

(4) Then in an easterly direction along

Dover Canyon Road, approximately 1.5

miles, to the western border line of

Rancho Paso de Robles;

(5) Then, following the border of the

Paso Robles land grant, beginning in an

easterly direction, to a point where it

intersects the range line between R.11E.

and R.12E.;

(6) Then southeasterly for

approximately 16.5 miles to the point of

intersection of the township line

between T.29S. and T.30S. and the

range line between R.12E. and R.13E.;

(7) Then in an easterly direction for

approximately 6 miles to the range line

between R.13E. and R.14E.;

(8) Then in a northerly direction for

approximately 6 miles to the township

line between T.28S. and T.29S.;

(9) Then in an easterly direction for

approximately 18 miles to the range line

between R.16E. and R.17E.;

(10) Then in a northerly direction for

approximately 24 miles to the point of

beginning.

Signed: May 17, 1996.

Bradley A. Buckles,

Acting Director.

Approved: May 24, 1996.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 96–14854 Filed 6–12–96; 8:45 am]

BILLING CODE 4810–31–U

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 70 and 71

[T.D. ATF–378; CRT 93–137]

RIN 1512–AB53

Statement of Procedural Rules

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Treasury Decision, final rule.

SUMMARY: This Treasury decision

removes regulations in 27 CFR Part 71,

Statement of Procedural Rules, which

are duplicated in 31 CFR Part 1,

Disclosure of Records. It also transfers

certain regulations from 27 CFR Part 71

to 27 CFR Part 70, resulting in the

elimination of Part 71.

EFFECTIVE DATE: This final rule is

effective August 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Nancy Bryce, Tax Compliance Branch,

(202–927–8220) or Eric O’Neal,

Disclosure Branch, (202–927–8480),

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue,

NW, Washington, DC 20226.

SUPPLEMENTARY INFORMATION:

Background

On February 21, 1995, President

Clinton announced a regulatory reform

initiative. As part of this initiative, each

Federal agency was instructed to

conduct a page by page review of all

agency regulations to identify those

which are obsolete or burdensome and

those whose goals could be better

achieved through the private sector,

self-regulation or state and local

governments. In cases where the

agency’s review disclosed regulations

which should be revised or eliminated,

the agency would, as soon as possible,

propose administrative changes to its

regulations.

The page by page review of all

regulations was completed as directed

by the President. In addition, on April

13, 1995, the Bureau published Notice

No. 809 (60 FR 18783) in the Federal

Register requesting comments from the

public regarding which ATF regulations

could be improved or eliminated. As a

result of the Bureau’s analysis of its

regulations and the public comments

received, a number of regulatory

initiatives were developed which are

intended to accomplish the President’s

goals.

Pursuant to the President’s directive,

ATF reviewed 27 CFR part 71,

Statement of Procedural Rules. ATF

determined that there were regulations

in part 71 which were largely

duplicative of regulations found in 31

CFR part 1, Disclosure of Records. ATF

also decided that certain regulations in

part 71 should be transferred to 27 CFR

part 70, Procedure and Administration,

since they were related to the subject

matter of part 70.

Part 71 deals primarily with the

procedures for the disclosure of records

and the publication of rules, regulations,

forms, and instructions. ATF has

determined that the information

contained in sections 71.21, 71.22,

71.23, 71.24, and 71.25 is largely

duplicative of information already

contained in 31 CFR part 1. Part 1

contains the regulations of the

Department of Treasury concerning

disclosure of records, and provides

Appendices specifically relating to the

component Bureaus of the Treasury

Department, including ATF.

ATF has decided that it is

unnecessary to provide identical

information regarding the disclosure of

records in two separate titles of the

Code of Federal Regulations. Thus, we

are removing sections 71.21—71.25 and

Appendix A. So that users of Title 27

will know where to look for the ATF

regulations on disclosure of records, we

have added a new section which crossreferences the disclosure regulations of

the Department of Treasury. The new

section also informs the public that

inquiries regarding the disclosure of

ATF records may be directed to the

Chief, Disclosure Branch. The appendix

in 31 CFR part 1 relating to ATF will be

updated to reflect the locations where

the public may inspect and copy ATF

documents.

Certain sections within part 71

contain information which is not found

in 31 CFR part 1. Section 71.26 provides

rules for disclosure of certain specified

matters relating to ATF. Section 71.27

explains the procedures for requesting

or demanding disclosure of records or

information in testimony or related

matters. Section 71.41 explains the

procedures for issuing rules and

regulations. Section 71.42 deals with the

issuance of forms and instructions. All

of these sections will be moved to 27

CFR part 70, since they relate to

procedure and administration. In

addition, the pertinent sections in part

70 relating to the scope of the part, and

the definitions of terms used in the part,

are amended to reflect the new sections

incorporated from part 71.

As a result of these changes, part 71

will be removed from the Code of

Federal Regulations. Certain other

minor technical changes have been

made to the regulations which have

been redesignated in this final rule.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Public Law 96–

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

implementing regulations, 5 CFR Part

1320, do not apply to this final rule

because no requirement to collect

information is imposed.

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act relating to a final

regulatory flexibility analysis (5 U.S.C.

604) are not applicable to this final rule

because the agency was not required to