Proposed Expansion of the Paso Robles Viticultural Area (2008R-073P), 40474-40478 [E8-16167]
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and perform other time-sensitive acts falling
on or after September 30, 2008, and on or
before December 2, 2008, has been postponed
to December 2, 2008.
(iii) Because A’s principal residence is in
County W, A is an affected taxpayer. Because
October 15, 2008, the extended due date to
file A’s 2007 Form 1040, falls within the
postponement period described in the IRS’s
published guidance, A’s return is timely if
filed on or before December 2, 2008.
However, the payment due date, April 15,
2008, preceded the postponement period.
Thus, A will continue to be subject to failure
to pay penalties and accrual of interest
during the postponement period.
Example 7. (i) H and W, individual
calendar year taxpayers, intend to file a joint
Form 1040 for the 2007 taxable year. The
joint return is due on April 15, 2008. After
credits for taxes withheld on wages and
estimated tax payments, H and W owe tax for
the 2007 taxable year. H’s and W’s principal
residence is in County J in State W.
(ii) On March 1, 2008, severe flooding
strikes County J. On March 5, 2008, the
President declares a disaster within the
meaning of section 1033(h)(3). Also on March
5, 2008, the IRS determines that County J in
State W is a covered disaster area and
publishes guidance announcing that the time
period for affected taxpayers to file returns,
pay taxes and perform other time-sensitive
acts falling on or after March 1, 2008, and on
or before May 30, 2008, has been postponed
to May 30, 2008.
(iii) Because H’s and W’s principal
residence is in County J, H and W are
affected taxpayers. Pursuant to the IRS’s
grant of relief under section 7508A, H and W
received a postponement of the time to file
the joint return and pay the tax due until
May 30, 2008. Therefore, H’s and W’s joint
return without extension is timely if filed on
or before May 30, 2008. Similarly, H’s and
W’s 2007 income taxes will be timely paid
if paid on or before May 30, 2008.
(iv) On April 30, 2008, H and W timely file
Form 4868, ‘‘Application for Automatic
Extension of Time to File U.S. Individual
Income Tax Return.’’ H’s and W’s extension
will be deemed to have been filed on April
15, 2008. Thus, H’s and W’s 2007 income tax
return is timely filed if filed on or before
October 15, 2008.
(v) H and W did not request or receive an
extension of time to pay. Therefore, pursuant
to section 7508A, H’s and W’s 2007 income
tax payment is due on May 30, 2008. H and
W will be subject to the failure to pay penalty
under section 6651(a)(2) and interest if H and
W do not pay the tax due on the 2007 joint
return on or before May 30, 2008. H and W
will be subject to failure to pay penalties and
accrual of interest beginning on May 31,
2008.
Example 8. The facts are the same as in
Example 7 except that H and W file the joint
2007 return and pay the tax due on June 15,
2008. Later, H and W discover additional
deductions that would lower their taxable
income for 2007. On June 15, 2011, H and W
file a claim for refund under section 6511(a).
The amount of H and W’s overpayment
exceeds the amount of taxes paid on June 15,
2008, the amount paid within three years of
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filing the claim. Section 6511(a) requires that
a claim for refund be filed within three years
from the time the return was filed or two
years from the time the tax was paid,
whichever period expires later. Section
6511(b)(2)(A) includes within the lookback
period the period of an extension of time to
file. Thus, payments that H and W made on
or after May 30, 2008, would be eligible to
be refunded. Since the period from April 15,
2008, to May 30, 2008, is disregarded,
payments H and W made on April 15, 2008
(including withholding or estimated tax
payments deemed to have been made on
April 15, 2008), would also be included in
the section 6511(b)(2)(A) lookback period.
Thus, H and W are entitled to a full refund
in the amount of their overpayment.
[Notice No. 85; Docket No. TTB–2008–0005]
You may send comments to
one of the following addresses:
• https://www.regulations.gov (via the
online comment form for this notice as
posted within Docket No. TTB–2008–
0005 at ‘‘Regulations.gov,’’ the Federal
e-rulemaking portal); or
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412,
Washington, DC 20044–4412.
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.
You may view copies of this notice,
selected supporting materials, and any
comments we receive about this
proposal at https://www.regulations.gov
within Docket No. TTB–2008–0005. A
link to that docket is posted on the TTB
Web site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 85. You also may view copies of this
notice, all related petitions, maps or
other supporting materials, and any
comments we receive about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street, NW., Washington, DC 20220.
Please call 202–927–2400 to make an
appointment.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, CA 94952; phone 415–
271–1254.
SUPPLEMENTARY INFORMATION:
RIN 1513–AB47
Background on Viticultural Areas
(g) Proposed effective date. The
regulation, as proposed, applies to
Presidentially declared disasters or
terroristic or military actions occurring
on or after the date of publication of the
Treasury decision adopting these rules
as final regulations in the Federal
Register.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E8–15939 Filed 7–14–08; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
Proposed Expansion of the Paso
Robles Viticultural Area (2008R–073P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to expand
by 2,635 acres the existing 609,673-acre
Paso Robles American viticultural area
in San Luis Obispo County, California.
If this change is approved, the expanded
Paso Robles viticultural area would
continue to lie entirely within San Luis
Obispo County and within the multicounty Central Coast viticultural area.
We designate viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. We invite comments on this
proposed change to our regulations.
DATES: We must receive written
comments on or before September 15,
2008.
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ADDRESSES:
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the regulations
promulgated under the FAA Act.
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 American viticultural
areas.
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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.
Petitioners may use the same procedure
to request changes involving existing
viticultural areas. 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 geographic
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.
Paso Robles Expansion Petition
Background
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Previous Petitions
On October 4, 1983, the Bureau of
Alcohol, Tobacco and Firearms (ATF)
published a final rule, T.D. ATF–148 (48
FR 45239), to establish the ‘‘Paso
Robles’’ American viticultural area
(AVA) in northern San Luis Obispo
County, California (see 27 CFR 9.84). As
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established, the Paso Robles AVA was
entirely within the Central Coast AVA
(27 CFR 9.75) and, to the west, it
bordered the much smaller York
Mountain AVA (27 CFR 9.80). In 1983,
the Paso Robles AVA contained
approximately 5,000 acres of vineyards.
As established, the Paso Robles AVA
was defined by the San Luis ObispoMonterey county line in the north, the
Cholame Hills to the east, and the Santa
Lucia Mountains to the south and west.
According to T.D. ATF–148, the Santa
Lucia Mountains largely protect the
Paso Robles AVA from the intrusion of
marine air and fog from the Pacific
Ocean, giving the Paso Robles AVA a
drier and warmer summer time climate
than regions to the west and south. The
Paso Robles AVA also is characterized
by day to night temperature changes of
40 to 50 degrees, annual rainfall of 10
to 25 inches, 600 to 1,000 foot
elevations, and well-drained alluvial
soils in terrace deposits.
Lacking a feasible way to use physical
features, such as ridge lines, to define
the Paso Robles AVA’s boundary, the
original petitioner largely used a series
of township and range lines and pointto-point lines to delineate the AVA’s
boundary. The southern-most portion of
the Paso Robles AVA was delineated to
the south by the east-west T29S/T30S
township boundary line and to the east
by the north-south R13E/R14E range
line.
On June 13, 1996, ATF published a
final rule, T.D. ATF–377 (61 FR 29952)
expanding the Paso Robles AVA along
a portion of its western boundary. This
expansion added 52,618 acres of land
similar to that found in the original
AVA. The expansion added to the AVA
seven vineyards planted after the Paso
Robles AVA’s 1983 establishment,
containing 235 acres of grapes. The Paso
Robles AVA, as expanded, remained
entirely within San Luis Obispo County
and the Central Coast AVA, and this
westerly expansion did not extend into
the York Mountain AVA or change the
AVA’s original southern boundary.
Current Southern Expansion Petition
In 2007, the Paso Robles AVA
Committee (PRAVAC) submitted a
petition to TTB requesting a 2,635-acre
expansion of the Paso Robles AVA. The
petition states that the PRAVAC
represents a broad cross-section of the
Paso Robles wine industry and notes
that its 59 grape-grower and winery
members collectively own or manage
over 10,000 acres of vineyards within
the Paso Robles AVA.
The proposed expansion area is
immediately south of the Paso Robles
AVA’s current southern-most boundary,
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which is delineated by the T29S/T30S
township line, as shown on the
1:250,000-scale USGS San Luis Obispo
map used to define the AVA’s
boundary. As noted in the petition, the
Paso Robles AVA’s current southernmost boundary line bisects the southern
portion of the Santa Margarita Valley,
leaving a significant portion of the
valley’s southern end outside the AVA
boundary as currently defined. The
proposed expansion would, therefore,
bring most of the remainder of the Santa
Margarita Valley within the AVA, as
shown on the 1:24,000 USGS Lopez
Mountain map submitted with the
petition. (TTB notes that, while not used
to formally define the AVA’s boundary
in the proposed regulatory text, the
Lopez Mountain map provides
significantly more geographical detail
regarding the expansion area due to its
smaller scale.)
The proposed southern expansion
also lies totally within San Luis Obispo
County and the existing Central Coast
AVA, and it would not overlap or
otherwise affect any other established or
currently-proposed new AVA.
According to the petition, the
distinguishing features of the proposed
expansion area, including its geological
history, geomorphology, soils,
topography, and climate, are similar to
those found in the southern region of
the original Paso Robles AVA.
Name Evidence
The petition states that the ‘‘Paso
Robles’’ geographical name applies to
the proposed southern expansion of the
Paso Robles AVA due to the historic,
geographic, commercial, and cultural
ties between the Santa Margarita Valley
and the Paso Robles region of San Luis
Obispo County. This is due to that
valley’s northward orientation, which is
enclosed to the south and west by the
Santa Lucia Mountains. Historically,
travel was easier going northward
through the valley to the city of Paso
Robles than it was going southward over
the mountains to the city of San Luis
Obispo. The petition also states that,
due to the stated historic and other ties,
local residents and members of the Paso
Robles wine industry have assumed that
the entire Santa Margarita Valley was
within the original Paso Robles AVA
boundary line and reference the area as
such.
According to the petition, other
sources also show the entire Santa
Margarita Valley as falling within the
Paso Robles region. For example, the
Paso Style Living real estate Web site
(https://www.pasostyleliving.com/pages/
pasoarea.htm) describes the Santa
Margarita area as ‘‘the Southern edge of
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Paso wine country.’’ A 1928 soil survey
map of the Paso Robles area submitted
with the petition also shows the entire
Santa Margarita Land Grant as being
within the Paso Robles region. In
addition, the ‘‘1978 General Soil Map of
the Paso Robles Area—San Luis Obispo
County,’’ published by the U.S.
Department of Agriculture, Soil
Conservation Service, University of
California Agricultural Experiment
Station, includes the proposed Paso
Robles AVA expansion area within the
Paso Robles region of the county.
Boundary Evidence
The proposed triangle-shaped
expansion of the Paso Robles AVA
would move its southern-most point
approximately 2.6 miles south in order
to encompass most of that portion of the
Santa Margarita Valley currently not
included within the AVA. Also, the
proposed expansion area would
increase the length of the commonlyshared eastern boundary of the Paso
Robles and Central Coast AVAs by the
same distance.
The petition describes the proposed
expansion area as part of the ‘‘cohesive
geographical unit’’ of the Santa
Margarita Valley. Nestled between the
Santa Lucia Range and the Salinas
River, the Santa Margarita Valley lies on
both sides of the Paso Robles AVA’s
existing southern boundary line. The
petition describes the original Paso
Robles AVA southern-most boundary
line, which follows the T29S/T30
township line and which bisects the
Santa Margarita Valley, as an
‘‘imaginary, indiscernible boundary in
the landscape, not defined by any
topographic or other environmental
parameters.’’
As explained in T.D. ATF–148, the
Paso Robles AVA ‘‘is bounded on the
west and south by the Santa Lucia
Mountain range’’ which protects the
AVA ‘‘from marine air intrusion and
coastal fogs.’’ The proposed southern
expansion, the petition explains, would
more closely align the Paso Robles
AVA’s southern-most boundary with the
Santa Lucia Range by encompassing
most of the portion of the Santa
Margarita Valley that is currently
outside the AVA. The petition explains
that beyond the proposed expansion
area to the south is the narrowed
terminus of the Santa Margarita Valley,
with steep terrain on three sides and
inadequate groundwater and warmth to
sustain commercial viticulture.
According to the petition, the
viticultural history of the Santa
Margarita Valley began with the arrival
of Spanish missionaries, who, among
other things, brought grapes and
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winemaking to the Paso Robles area
over 200 years ago. Near present-day
Santa Margarita, the missionaries built
the Santa Margarita de Cortona
Asistencia in 1787, which functioned as
an outpost of the mission located at San
Luis Obispo. See page 39 of the ‘‘History
of San Luis Obispo County, California,
with Illustrations and Biographical
Sketches of its Prominent Men and
Pioneers’’ (Thompson & West, 1883), by
Myron Angel, (reprinted 1966, HowellNorth Books, Berkeley, California),
which was included with the petition.
The Santa Margarita Asistencia served
as a chapel, farmstead, and storehouse
for grain grown in the valley.
In 1861, the land surrounding the
Asistencia site was purchased by Mary
and Martin Murphy, who also owned
portions of other land grants within the
Paso Robles region, according to page 68
of the Angel publication. Under the
Martin’s ownership, the petition states,
the Santa Margarita area developed a
strong attachment to the more
commercialized Paso Robles area to its
north. By 1889, the petition explains, an
extension of the Southern Pacific
Railroad ran south from Paso Robles
along the Salinas River to the small
settlement of Santa Margarita. See pages
34 and 75 of ‘‘Rails Across the
Ranchos,’’ by Loren Nicholson, 1993.
The USGS San Luis Obispo regional
map shows the Southern Pacific
Railway running south from the city of
Paso Robles across the relatively flat
valley to the town of Santa Margarita
where it begins a twisting climb up and
over the Santa Lucia Mountains to the
city of San Luis Obispo.
In 2000, the petition explains, the
Robert Mondavi Winery leased more
than 1,000 acres in the southern Santa
Margarita Valley for commercial
vineyard development. This acreage is
bisected by the current southern-most
boundary of the Paso Robles AVA. At
the time of the petition, vineyards
covered 800 of the 1,000 acres, with
plantings located on both sides of the
existing Paso Robles AVA boundary
line, according to the petition.
Distinguishing Features
The proposed expansion of the Paso
Robles AVA relies on the Santa
Margarita Valley’s uniform topography,
climate, soils, geologic history, and
geomorphology. These geographical
features, the petition notes, are the same
throughout the valley, which is
currently bisected by the existing Paso
Robles AVA’s southern-most boundary
line. The Santa Margarita Valley, which
makes up the portion of the Salinas
River valley containing Santa Margarita
and Rinconada Creeks, extends south
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from the city of Atascadero, through the
town of Santa Margarita, and continues
south-southeastward through the
proposed expansion area, according to
the USGS San Luis Obispo regional map
and the petition.
Professor Deborah L. Elliott-Fisk,
Ph.D, of the University of California,
Davis, an expert on the geography and
terroir of California and viticultural area
designations, researched and provided
the distinguishing features information
used in the petition. According to the
petition, Dr. Elliott-Fisk also
coordinated the data and analyses
supplied by meteorologist Donald
Schukraft, Western Weather Group,
LLC, and other experts.
Climate
The climate of the Paso Robles AVA
as a whole, according to Dr. Elliott-Fisk,
has smaller monthly temperature ranges
and less continental influence than the
inland areas further to the east, but is
less influenced by Pacific marine air
and fog than the coastal regions to the
west due to the blocking effect of the
Santa Lucia Mountains. As part of the
larger Paso Robles region, the Santa
Margarita Valley has climatic conditions
similar to the AVA, Dr. Elliot-Fisk notes,
and these conditions exist on both sides
of the existing southern-most boundary
of the AVA, which passes from west to
east through the valley. Dr. Elliott-Fisk
adds that other climate similarities
found within the valley on either side
of the existing AVA boundary include
cold air drainage, cold air ponding
under temperature inversions, and
similar frost patterns, especially early in
the growing season. Also, annual
precipitation in the valley averages 29
inches, while regions to the east are
drier and the coastal mountains to the
west are wetter.
These climate similarities also are
evidenced by various climate
classification systems. For example, the
petition states, the global scale climate
classification system of Koppen, Geiger
and Pohl (1953) labels the great majority
of the Paso Robles region as a
Mediterranean warm summer climate
(Csb), while the region to the east has a
Mediterranean hot summer climate
(Csa).
Dr. Elliott-Fisk states that the Santa
Margarita Valley’s climate is classified
as a cool region II climate of
approximately 2,900 growing degreedays under the Winkler climate
classification system, which is based on
annual growing season heat
accumulation. This classification is
found on both sides of the existing
southern-most Paso Robles AVA
boundary. (As a measurement of heat
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accumulation during the growing
season, 1 degree day accumulates for
each degree Fahrenheit that a day’s
mean temperature is above 50 degrees,
which is the minimum temperature
required for grapevine growth. In the
Winkler system, climatic region I has
less than 2,500 growing degree days per
year; region II, 2,501 to 3,000; region III,
3,001 to 3,500; region IV, 3,501 to 4,000;
and region V, 4,001 or more. See pages
61–64 of ‘‘General Viticulture,’’ by
Albert J. Winkler, University of
California Press, 1974.)
Regarding the southern end of the
Santa Margarita Valley that lies beyond
the proposed expansion, Dr. Elliott-Fisk
explains that the steep topography east,
south and west of the narrow valley
floor causes increases in relief
precipitation and evening settling of
cold, dense air at the valley’s terminus.
Local farmers, the petition explains,
state that air temperatures at the far
southern end of the valley are too cold
to produce quality wine grapes.
Geology
The geological features that
characterize the southern region of the
Paso Robles AVA continue across the
AVA’s southern-most boundary line and
are found throughout the Santa
Margarita Valley, including the
proposed expansion area. Dr. ElliottFisk explains that the Salinas River
originally formed the Santa Margarita
Valley through a process of soil erosion
and deposition, while the complex
faulting of the Santa Lucia Range
formed a graben basin that extends
along the valley floor and crosses the
existing Paso Robles AVA southernmost boundary line. Later, Dr. ElliottFisk notes, the Salinas River carved a
new channel to the east through the soft
Monterey Formation shales along the
Rinconada Fault as the San Andreas
Fault zone became more active.
Rinconada Creek, a primary Salinas
River tributary in the Santa Margarita
Valley area, then deposited a series of
broad alluvial fans and terraces across
the older Salinas River alluvial fill, Dr.
Elliott-Fisk explains. She notes that
these alluvial terraces extend north and
south of the current Paso Robles AVA
boundary line and exist throughout the
proposed expansion area.
To the east, south, and west of the
proposed Paso Robles AVA expansion,
Dr. Elliott-Fisk explains, the geology of
the landscape is unsuitable for
commercial production of wine grapes.
She states that, to the east, granitic rocks
on the mountainsides make the area
difficult to farm, and the weathering and
failure of near-surface rock makes road
building difficult. Also, to the south,
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and at the narrowed southern terminus
of the Santa Margarita Valley,
Franciscan conglomerate rock underlies
the shallow alluvium creating an
environment lacking in adequate
groundwater. To the west, the landscape
includes massive units of the late
Cretaceous Franciscan and Great Valley
formations, consisting of hard marine
sandstones and conglomerates on steep
mountain slopes, making the terrain
unsuitable for viticulture.
Soils
Similar soils exist on both sides of the
current Paso Robles AVA southern
boundary line, according to the current
USDA soil survey for the Paso Robles
Area of San Luis Obispo County
(Lindsey, 1978). Climate, parent
material, topography, and time, Dr.
Elliott-Fisk states, all contribute to the
soil type similarities that extend the
length of the Santa Margarita Valley.
The soils of the Santa Margarita Valley,
Dr. Elliott-Fisk explains, include the
deep gravelly loam soils of late-mid
Quaternary age, grading into shallower
clay loam soils against bedrock on the
hillsides. Also, younger alluvial
deposits dominate the flood plains of
the valley’s creeks.
Soils and terrain to the south, east,
and west of the Paso Robles AVA
proposed southern expansion are,
however, unsuitable for commercial
viticulture, Dr. Elliott-Fisk explains. To
the south, the soils of the valley floor
include clay loams with low water
permeability and high water capacity
with moderate shrink-swell potential,
while the mountain slopes to the east
and west have shallow top soil, small
rooting zones for grapevines, and
erosion potential, making those areas
unsuitable for viticulture.
Evidence Summary
The PRAVAC petition, including Dr.
Elliott-Fisk’s discussion of the proposed
expansion area’s distinguishing features
and a detailed letter from vineyard
developer and manger Neil Roberts,
emphasize that similar geological,
geographical, and climatic conditions
extend through the Santa Margarita
Valley, which encompasses a portion of
the existing Paso Robles AVA as well as
the proposed expansion area. The
landforms, topography, and geology
features that form the Santa Margarita
Valley, the petition explains, are similar
both north and south of the existing
Paso Robles AVA southern-most
boundary line. Also, the valley’s
climate, as reflected by Winkler’s
degree-day values, and its soil types, as
documented in the 1978 USDA soil
survey for the Paso Robles Area of San
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Luis Obispo County, show strong
similarities on both sides of the current
Paso Robles AVA southern-most
boundary line. The petition adds that
vineyards are farmed the same way
north and south of the current Paso
Robles AVA boundary line through the
valley and these vineyards grow the
same varietals.
TTB Determination
TTB concludes that the petition to
expand the Paso Robles American
viticultural area merits consideration
and public comment, as invited in this
notice.
Boundary Description
See the narrative boundary
description covering the petitioned-for
viticultural area expansion in the
proposed regulatory text amendment
published at the end of this notice.
Maps
The petitioner provided the required
map to document the proposed
boundary change, and we list that map
below in the proposed regulatory text
amendment.
Impact on Current Wine Labels
The proposed expansion of the Paso
Robles viticultural area will not affect
currently approved wine labels. The
approval of this proposed expansion
may allow additional vintners to use
‘‘Paso Robles’’ as an appellation of
origin on their 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. For a wine to be
eligible to use a viticultural area name
as an appellation of origin or a term of
viticultural significance in a brand
name, at least 85 percent of the wine
must be derived from grapes grown
within the area represented by that
name or other term, and the wine must
meet the other conditions listed in 27
CFR 4.25(e)(3). Different rules apply if a
wine has a brand name containing a
viticultural area name or other
viticulturally significant term 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 expand the Paso Robles
viticultural area as described above. We
are especially interested in comments
concerning the similarity of the
proposed expansion area to the
currently existing Paso Robles
E:\FR\FM\15JYP1.SGM
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40478
Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Proposed Rules
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
viticultural area. Please support your
comments with specific information
about the proposed expansion area’s
name, proposed boundaries, or
distinguishing features.
Submitting Comments
You may submit comments on this
notice by using one of the following two
methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2008–0005 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 85 on the TTB Web site at https://
www.ttb.gov/wine/
wine_rulemaking.shtml. Supplemental
files may be attached to comments
submitted via Regulations.gov. For
complete instructions on how to use
Regulations.gov, visit the site and click
on ‘‘User Guide’’ under ‘‘How to Use
this Site.’’
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, P.O. Box 14412, Washington,
DC 20044–4412.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 85 and include your name and
mailing address. Your comments also
must be made in English, be legible, and
be written in language acceptable for
public disclosure. We do not
acknowledge receipt of comments, and
we consider all comments as originals.
If you are commenting on behalf of an
association, business, or other entity,
your comment must include the entity’s
name as well as your name and position
title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail, please
submit your entity’s comment on
letterhead.
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 whether to hold a public
hearing.
ebenthall on PRODPC60 with PROPOSALS
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
VerDate Aug<31>2005
13:24 Jul 14, 2008
Jkt 214001
Public Disclosure
We will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments we receive about this
proposal within Docket No. TTB–2008–
0005 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB Web
site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 85. You may also reach the relevant
docket through the Regulations.gov
search page at https://
www.regulations.gov. For instructions
on how to use Regulations.gov, visit the
site and click on ‘‘User Guide’’ under
‘‘How to Use this Site.’’
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including e-mail addresses.
We may omit voluminous attachments
or material that we consider unsuitable
for posting.
You also may view copies of this
notice, all related petitions, maps and
other supporting materials, and any
electronic or mailed comments we
receive about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street, NW.,
Washington, DC 20220. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Contact our information
specialist at the above address or by
telephone at 202–927–2400 to schedule
an appointment or to request copies of
comments or other materials.
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. Therefore, it
requires no regulatory assessment.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
Drafting Information
N.A. Sutton of the Regulations and
Rulings 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 title 27,
chapter 1, 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.
Subpart C—Approved American
Viticultural Areas
2. Section 9.84 is amended by revising
paragraphs (b), (c)(7), and (c)(8),
redesignating paragraphs (c)(9) and
(c)(10) as (c)(10) and (c)(11), and adding
a new paragraph (c)(9). The revisions
and addition read as follows:
§ 9.84
Paso Robles.
*
*
*
*
*
(b) Approved Maps. The appropriate
map for determining the boundary of
the Paso Robles viticultural area is the
United States Geological Survey
1:250,000-scale map of San Luis Obispo,
California, 1956, revised 1969, shoreline
revised and bathymetry added 1979.
(c) Boundaries. * * *
*
*
*
*
*
(7) Then in an easterly direction along
the T.29S. and T.30S. line for
approximately 3.1 miles to its
intersection with the eastern boundary
line of the Los Padres National Forest;
(8) Then in a southeasterly direction
along the eastern boundary line of the
Los Padres National Forest for
approximately 4.1 miles to its
intersection with the R.13E. and R.14E.
line;
(9) Then in a northerly direction along
the R.13E. and R.14E. line for
approximately 8.7 miles to its
intersection with the T.28S. and T.29S.
line;
*
*
*
*
*
Signed: July 8, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8–16167 Filed 7–14–08; 8:45 am]
BILLING CODE 4810–31–P
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]]>Agencies
[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Proposed Rules]
[Pages 40474-40478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16167]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 85; Docket No. TTB-2008-0005]
RIN 1513-AB47
Proposed Expansion of the Paso Robles Viticultural Area (2008R-
073P)
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
expand by 2,635 acres the existing 609,673-acre Paso Robles American
viticultural area in San Luis Obispo County, California. If this change
is approved, the expanded Paso Robles viticultural area would continue
to lie entirely within San Luis Obispo County and within the multi-
county Central Coast viticultural area. We designate viticultural areas
to allow vintners to better describe the origin of their wines and to
allow consumers to better identify wines they may purchase. We invite
comments on this proposed change to our regulations.
DATES: We must receive written comments on or before September 15,
2008.
ADDRESSES: You may send comments to one of the following addresses:
https://www.regulations.gov (via the online comment form
for this notice as posted within Docket No. TTB-2008-0005 at
``Regulations.gov,'' the Federal e-rulemaking portal); or
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
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.
You may view copies of this notice, selected supporting materials,
and any comments we receive about this proposal at https://
www.regulations.gov within Docket No. TTB-2008-0005. A link to that
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine_
rulemaking.shtml under Notice No. 85. You also may view copies of this
notice, all related petitions, maps or other supporting materials, and
any comments we receive about this proposal by appointment at the TTB
Information Resource Center, 1310 G Street, NW., Washington, DC 20220.
Please call 202-927-2400 to make an appointment.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 94952; phone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
regulations promulgated under the FAA Act.
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 American viticultural areas.
[[Page 40475]]
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 grape-growing region
as a viticultural area. Petitioners may use the same procedure to
request changes involving existing viticultural areas. 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 geographic 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.
Paso Robles Expansion Petition
Background
Previous Petitions
On October 4, 1983, the Bureau of Alcohol, Tobacco and Firearms
(ATF) published a final rule, T.D. ATF-148 (48 FR 45239), to establish
the ``Paso Robles'' American viticultural area (AVA) in northern San
Luis Obispo County, California (see 27 CFR 9.84). As established, the
Paso Robles AVA was entirely within the Central Coast AVA (27 CFR 9.75)
and, to the west, it bordered the much smaller York Mountain AVA (27
CFR 9.80). In 1983, the Paso Robles AVA contained approximately 5,000
acres of vineyards.
As established, the Paso Robles AVA was defined by the San Luis
Obispo-Monterey county line in the north, the Cholame Hills to the
east, and the Santa Lucia Mountains to the south and west. According to
T.D. ATF-148, the Santa Lucia Mountains largely protect the Paso Robles
AVA from the intrusion of marine air and fog from the Pacific Ocean,
giving the Paso Robles AVA a drier and warmer summer time climate than
regions to the west and south. The Paso Robles AVA also is
characterized by day to night temperature changes of 40 to 50 degrees,
annual rainfall of 10 to 25 inches, 600 to 1,000 foot elevations, and
well-drained alluvial soils in terrace deposits.
Lacking a feasible way to use physical features, such as ridge
lines, to define the Paso Robles AVA's boundary, the original
petitioner largely used a series of township and range lines and point-
to-point lines to delineate the AVA's boundary. The southern-most
portion of the Paso Robles AVA was delineated to the south by the east-
west T29S/T30S township boundary line and to the east by the north-
south R13E/R14E range line.
On June 13, 1996, ATF published a final rule, T.D. ATF-377 (61 FR
29952) expanding the Paso Robles AVA along a portion of its western
boundary. This expansion added 52,618 acres of land similar to that
found in the original AVA. The expansion added to the AVA seven
vineyards planted after the Paso Robles AVA's 1983 establishment,
containing 235 acres of grapes. The Paso Robles AVA, as expanded,
remained entirely within San Luis Obispo County and the Central Coast
AVA, and this westerly expansion did not extend into the York Mountain
AVA or change the AVA's original southern boundary.
Current Southern Expansion Petition
In 2007, the Paso Robles AVA Committee (PRAVAC) submitted a
petition to TTB requesting a 2,635-acre expansion of the Paso Robles
AVA. The petition states that the PRAVAC represents a broad cross-
section of the Paso Robles wine industry and notes that its 59 grape-
grower and winery members collectively own or manage over 10,000 acres
of vineyards within the Paso Robles AVA.
The proposed expansion area is immediately south of the Paso Robles
AVA's current southern-most boundary, which is delineated by the T29S/
T30S township line, as shown on the 1:250,000-scale USGS San Luis
Obispo map used to define the AVA's boundary. As noted in the petition,
the Paso Robles AVA's current southern-most boundary line bisects the
southern portion of the Santa Margarita Valley, leaving a significant
portion of the valley's southern end outside the AVA boundary as
currently defined. The proposed expansion would, therefore, bring most
of the remainder of the Santa Margarita Valley within the AVA, as shown
on the 1:24,000 USGS Lopez Mountain map submitted with the petition.
(TTB notes that, while not used to formally define the AVA's boundary
in the proposed regulatory text, the Lopez Mountain map provides
significantly more geographical detail regarding the expansion area due
to its smaller scale.)
The proposed southern expansion also lies totally within San Luis
Obispo County and the existing Central Coast AVA, and it would not
overlap or otherwise affect any other established or currently-proposed
new AVA. According to the petition, the distinguishing features of the
proposed expansion area, including its geological history,
geomorphology, soils, topography, and climate, are similar to those
found in the southern region of the original Paso Robles AVA.
Name Evidence
The petition states that the ``Paso Robles'' geographical name
applies to the proposed southern expansion of the Paso Robles AVA due
to the historic, geographic, commercial, and cultural ties between the
Santa Margarita Valley and the Paso Robles region of San Luis Obispo
County. This is due to that valley's northward orientation, which is
enclosed to the south and west by the Santa Lucia Mountains.
Historically, travel was easier going northward through the valley to
the city of Paso Robles than it was going southward over the mountains
to the city of San Luis Obispo. The petition also states that, due to
the stated historic and other ties, local residents and members of the
Paso Robles wine industry have assumed that the entire Santa Margarita
Valley was within the original Paso Robles AVA boundary line and
reference the area as such.
According to the petition, other sources also show the entire Santa
Margarita Valley as falling within the Paso Robles region. For example,
the Paso Style Living real estate Web site (https://
www.pasostyleliving.com/pages/pasoarea.htm) describes the Santa
Margarita area as ``the Southern edge of
[[Page 40476]]
Paso wine country.'' A 1928 soil survey map of the Paso Robles area
submitted with the petition also shows the entire Santa Margarita Land
Grant as being within the Paso Robles region. In addition, the ``1978
General Soil Map of the Paso Robles Area--San Luis Obispo County,''
published by the U.S. Department of Agriculture, Soil Conservation
Service, University of California Agricultural Experiment Station,
includes the proposed Paso Robles AVA expansion area within the Paso
Robles region of the county.
Boundary Evidence
The proposed triangle-shaped expansion of the Paso Robles AVA would
move its southern-most point approximately 2.6 miles south in order to
encompass most of that portion of the Santa Margarita Valley currently
not included within the AVA. Also, the proposed expansion area would
increase the length of the commonly-shared eastern boundary of the Paso
Robles and Central Coast AVAs by the same distance.
The petition describes the proposed expansion area as part of the
``cohesive geographical unit'' of the Santa Margarita Valley. Nestled
between the Santa Lucia Range and the Salinas River, the Santa
Margarita Valley lies on both sides of the Paso Robles AVA's existing
southern boundary line. The petition describes the original Paso Robles
AVA southern-most boundary line, which follows the T29S/T30 township
line and which bisects the Santa Margarita Valley, as an ``imaginary,
indiscernible boundary in the landscape, not defined by any topographic
or other environmental parameters.''
As explained in T.D. ATF-148, the Paso Robles AVA ``is bounded on
the west and south by the Santa Lucia Mountain range'' which protects
the AVA ``from marine air intrusion and coastal fogs.'' The proposed
southern expansion, the petition explains, would more closely align the
Paso Robles AVA's southern-most boundary with the Santa Lucia Range by
encompassing most of the portion of the Santa Margarita Valley that is
currently outside the AVA. The petition explains that beyond the
proposed expansion area to the south is the narrowed terminus of the
Santa Margarita Valley, with steep terrain on three sides and
inadequate groundwater and warmth to sustain commercial viticulture.
According to the petition, the viticultural history of the Santa
Margarita Valley began with the arrival of Spanish missionaries, who,
among other things, brought grapes and winemaking to the Paso Robles
area over 200 years ago. Near present-day Santa Margarita, the
missionaries built the Santa Margarita de Cortona Asistencia in 1787,
which functioned as an outpost of the mission located at San Luis
Obispo. See page 39 of the ``History of San Luis Obispo County,
California, with Illustrations and Biographical Sketches of its
Prominent Men and Pioneers'' (Thompson & West, 1883), by Myron Angel,
(reprinted 1966, Howell-North Books, Berkeley, California), which was
included with the petition. The Santa Margarita Asistencia served as a
chapel, farmstead, and storehouse for grain grown in the valley.
In 1861, the land surrounding the Asistencia site was purchased by
Mary and Martin Murphy, who also owned portions of other land grants
within the Paso Robles region, according to page 68 of the Angel
publication. Under the Martin's ownership, the petition states, the
Santa Margarita area developed a strong attachment to the more
commercialized Paso Robles area to its north. By 1889, the petition
explains, an extension of the Southern Pacific Railroad ran south from
Paso Robles along the Salinas River to the small settlement of Santa
Margarita. See pages 34 and 75 of ``Rails Across the Ranchos,'' by
Loren Nicholson, 1993. The USGS San Luis Obispo regional map shows the
Southern Pacific Railway running south from the city of Paso Robles
across the relatively flat valley to the town of Santa Margarita where
it begins a twisting climb up and over the Santa Lucia Mountains to the
city of San Luis Obispo.
In 2000, the petition explains, the Robert Mondavi Winery leased
more than 1,000 acres in the southern Santa Margarita Valley for
commercial vineyard development. This acreage is bisected by the
current southern-most boundary of the Paso Robles AVA. At the time of
the petition, vineyards covered 800 of the 1,000 acres, with plantings
located on both sides of the existing Paso Robles AVA boundary line,
according to the petition.
Distinguishing Features
The proposed expansion of the Paso Robles AVA relies on the Santa
Margarita Valley's uniform topography, climate, soils, geologic
history, and geomorphology. These geographical features, the petition
notes, are the same throughout the valley, which is currently bisected
by the existing Paso Robles AVA's southern-most boundary line. The
Santa Margarita Valley, which makes up the portion of the Salinas River
valley containing Santa Margarita and Rinconada Creeks, extends south
from the city of Atascadero, through the town of Santa Margarita, and
continues south-southeastward through the proposed expansion area,
according to the USGS San Luis Obispo regional map and the petition.
Professor Deborah L. Elliott-Fisk, Ph.D, of the University of
California, Davis, an expert on the geography and terroir of California
and viticultural area designations, researched and provided the
distinguishing features information used in the petition. According to
the petition, Dr. Elliott-Fisk also coordinated the data and analyses
supplied by meteorologist Donald Schukraft, Western Weather Group, LLC,
and other experts.
Climate
The climate of the Paso Robles AVA as a whole, according to Dr.
Elliott-Fisk, has smaller monthly temperature ranges and less
continental influence than the inland areas further to the east, but is
less influenced by Pacific marine air and fog than the coastal regions
to the west due to the blocking effect of the Santa Lucia Mountains. As
part of the larger Paso Robles region, the Santa Margarita Valley has
climatic conditions similar to the AVA, Dr. Elliot-Fisk notes, and
these conditions exist on both sides of the existing southern-most
boundary of the AVA, which passes from west to east through the valley.
Dr. Elliott-Fisk adds that other climate similarities found within the
valley on either side of the existing AVA boundary include cold air
drainage, cold air ponding under temperature inversions, and similar
frost patterns, especially early in the growing season. Also, annual
precipitation in the valley averages 29 inches, while regions to the
east are drier and the coastal mountains to the west are wetter.
These climate similarities also are evidenced by various climate
classification systems. For example, the petition states, the global
scale climate classification system of Koppen, Geiger and Pohl (1953)
labels the great majority of the Paso Robles region as a Mediterranean
warm summer climate (Csb), while the region to the east has a
Mediterranean hot summer climate (Csa).
Dr. Elliott-Fisk states that the Santa Margarita Valley's climate
is classified as a cool region II climate of approximately 2,900
growing degree-days under the Winkler climate classification system,
which is based on annual growing season heat accumulation. This
classification is found on both sides of the existing southern-most
Paso Robles AVA boundary. (As a measurement of heat
[[Page 40477]]
accumulation during the growing season, 1 degree day accumulates for
each degree Fahrenheit that a day's mean temperature is above 50
degrees, which is the minimum temperature required for grapevine
growth. In the Winkler system, climatic region I has less than 2,500
growing degree days per year; region II, 2,501 to 3,000; region III,
3,001 to 3,500; region IV, 3,501 to 4,000; and region V, 4,001 or more.
See pages 61-64 of ``General Viticulture,'' by Albert J. Winkler,
University of California Press, 1974.)
Regarding the southern end of the Santa Margarita Valley that lies
beyond the proposed expansion, Dr. Elliott-Fisk explains that the steep
topography east, south and west of the narrow valley floor causes
increases in relief precipitation and evening settling of cold, dense
air at the valley's terminus. Local farmers, the petition explains,
state that air temperatures at the far southern end of the valley are
too cold to produce quality wine grapes.
Geology
The geological features that characterize the southern region of
the Paso Robles AVA continue across the AVA's southern-most boundary
line and are found throughout the Santa Margarita Valley, including the
proposed expansion area. Dr. Elliott-Fisk explains that the Salinas
River originally formed the Santa Margarita Valley through a process of
soil erosion and deposition, while the complex faulting of the Santa
Lucia Range formed a graben basin that extends along the valley floor
and crosses the existing Paso Robles AVA southern-most boundary line.
Later, Dr. Elliott-Fisk notes, the Salinas River carved a new channel
to the east through the soft Monterey Formation shales along the
Rinconada Fault as the San Andreas Fault zone became more active.
Rinconada Creek, a primary Salinas River tributary in the Santa
Margarita Valley area, then deposited a series of broad alluvial fans
and terraces across the older Salinas River alluvial fill, Dr. Elliott-
Fisk explains. She notes that these alluvial terraces extend north and
south of the current Paso Robles AVA boundary line and exist throughout
the proposed expansion area.
To the east, south, and west of the proposed Paso Robles AVA
expansion, Dr. Elliott-Fisk explains, the geology of the landscape is
unsuitable for commercial production of wine grapes. She states that,
to the east, granitic rocks on the mountainsides make the area
difficult to farm, and the weathering and failure of near-surface rock
makes road building difficult. Also, to the south, and at the narrowed
southern terminus of the Santa Margarita Valley, Franciscan
conglomerate rock underlies the shallow alluvium creating an
environment lacking in adequate groundwater. To the west, the landscape
includes massive units of the late Cretaceous Franciscan and Great
Valley formations, consisting of hard marine sandstones and
conglomerates on steep mountain slopes, making the terrain unsuitable
for viticulture.
Soils
Similar soils exist on both sides of the current Paso Robles AVA
southern boundary line, according to the current USDA soil survey for
the Paso Robles Area of San Luis Obispo County (Lindsey, 1978).
Climate, parent material, topography, and time, Dr. Elliott-Fisk
states, all contribute to the soil type similarities that extend the
length of the Santa Margarita Valley. The soils of the Santa Margarita
Valley, Dr. Elliott-Fisk explains, include the deep gravelly loam soils
of late-mid Quaternary age, grading into shallower clay loam soils
against bedrock on the hillsides. Also, younger alluvial deposits
dominate the flood plains of the valley's creeks.
Soils and terrain to the south, east, and west of the Paso Robles
AVA proposed southern expansion are, however, unsuitable for commercial
viticulture, Dr. Elliott-Fisk explains. To the south, the soils of the
valley floor include clay loams with low water permeability and high
water capacity with moderate shrink-swell potential, while the mountain
slopes to the east and west have shallow top soil, small rooting zones
for grapevines, and erosion potential, making those areas unsuitable
for viticulture.
Evidence Summary
The PRAVAC petition, including Dr. Elliott-Fisk's discussion of the
proposed expansion area's distinguishing features and a detailed letter
from vineyard developer and manger Neil Roberts, emphasize that similar
geological, geographical, and climatic conditions extend through the
Santa Margarita Valley, which encompasses a portion of the existing
Paso Robles AVA as well as the proposed expansion area. The landforms,
topography, and geology features that form the Santa Margarita Valley,
the petition explains, are similar both north and south of the existing
Paso Robles AVA southern-most boundary line. Also, the valley's
climate, as reflected by Winkler's degree-day values, and its soil
types, as documented in the 1978 USDA soil survey for the Paso Robles
Area of San Luis Obispo County, show strong similarities on both sides
of the current Paso Robles AVA southern-most boundary line. The
petition adds that vineyards are farmed the same way north and south of
the current Paso Robles AVA boundary line through the valley and these
vineyards grow the same varietals.
TTB Determination
TTB concludes that the petition to expand the Paso Robles American
viticultural area merits consideration and public comment, as invited
in this notice.
Boundary Description
See the narrative boundary description covering the petitioned-for
viticultural area expansion in the proposed regulatory text amendment
published at the end of this notice.
Maps
The petitioner provided the required map to document the proposed
boundary change, and we list that map below in the proposed regulatory
text amendment.
Impact on Current Wine Labels
The proposed expansion of the Paso Robles viticultural area will
not affect currently approved wine labels. The approval of this
proposed expansion may allow additional vintners to use ``Paso Robles''
as an appellation of origin on their 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. For a
wine to be eligible to use a viticultural area name as an appellation
of origin or a term of viticultural significance in a brand name, at
least 85 percent of the wine must be derived from grapes grown within
the area represented by that name or other term, and the wine must meet
the other conditions listed in 27 CFR 4.25(e)(3). Different rules apply
if a wine has a brand name containing a viticultural area name or other
viticulturally significant term 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 expand the Paso Robles viticultural area as described above.
We are especially interested in comments concerning the similarity of
the proposed expansion area to the currently existing Paso Robles
[[Page 40478]]
viticultural area. Please support your comments with specific
information about the proposed expansion area's name, proposed
boundaries, or distinguishing features.
Submitting Comments
You may submit comments on this notice by using one of the
following two methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2008-
0005 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http:/
/www.regulations.gov. A direct link to that docket is available under
Notice No. 85 on the TTB Web site at https://www.ttb.gov/wine/wine_
rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 85 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position title. If you comment via Regulations.gov,
please enter the entity's name in the ``Organization'' blank of the
online comment form. If you comment via postal mail, please submit your
entity's comment on letterhead.
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 whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
We will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments we receive
about this proposal within Docket No. TTB-2008-0005 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at https://
www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 85. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including e-mail addresses. We may omit voluminous
attachments or material that we consider unsuitable for posting.
You also may view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments we receive about this proposal by appointment at the TTB
Information Resource Center, 1310 G Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents per 8.5- x 11-inch page. Contact
our information specialist at the above address or by telephone at 202-
927-2400 to schedule an appointment or to request copies of comments or
other materials.
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. Therefore, it requires no regulatory
assessment.
Drafting Information
N.A. Sutton of the Regulations and Rulings 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
title 27, chapter 1, 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.
Subpart C--Approved American Viticultural Areas
2. Section 9.84 is amended by revising paragraphs (b), (c)(7), and
(c)(8), redesignating paragraphs (c)(9) and (c)(10) as (c)(10) and
(c)(11), and adding a new paragraph (c)(9). The revisions and addition
read as follows:
Sec. 9.84 Paso Robles.
* * * * *
(b) Approved Maps. The appropriate map for determining the boundary
of the Paso Robles viticultural area is the United States Geological
Survey 1:250,000-scale map of San Luis Obispo, California, 1956,
revised 1969, shoreline revised and bathymetry added 1979.
(c) Boundaries. * * *
* * * * *
(7) Then in an easterly direction along the T.29S. and T.30S. line
for approximately 3.1 miles to its intersection with the eastern
boundary line of the Los Padres National Forest;
(8) Then in a southeasterly direction along the eastern boundary
line of the Los Padres National Forest for approximately 4.1 miles to
its intersection with the R.13E. and R.14E. line;
(9) Then in a northerly direction along the R.13E. and R.14E. line
for approximately 8.7 miles to its intersection with the T.28S. and
T.29S. line;
* * * * *
Signed: July 8, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8-16167 Filed 7-14-08; 8:45 am]
BILLING CODE 4810-31-P
