Proposed Establishment of the Happy Canyon of Santa Barbara Viticultural Area (2007R-311P), 46830-46835 [E8-18536]
Download as PDF
<![CDATA[
46830
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules
§ 15.303 Procedure for review of demands
for production of material or provision of
testimony in any legal proceeding in which
the United States is a party.
Whenever a demand is made upon the
Department or an employee of the
Department for the production of
material or provision of testimony, the
employee shall immediately notify the
Appropriate Associate General Counsel
or Appropriate Regional Counsel.
13. Revise § 15.304 to read as follows:
§ 15.305 Method of production of material
or provision of testimony.
If the production of material or
provision of testimony has been
authorized, the Department may
respond by producing authenticated
copies of the documents, to which the
seal of the Department has been affixed
in accordance with its authentication
procedures. The authentication shall be
evidence that the documents are true
copies of documents in the
Department’s files and shall be
sufficient for the purposes of Rules
803(8) and 902 of the Federal Rules of
Evidence and Rule 44(a)(1) of the
Federal Rules of Civil Procedure.
15. Revise appendix A to read as
follows:
Appendix A to Part 15—Location
Information for HUD FOIA Reading
Rooms and Contact Information for
Regional Counsel
yshivers on PROD1PC62 with PROPOSALS
The Department maintains a reading room
in Headquarters and in each of the
Secretary’s Representative’s Offices. In
addition, each of the Secretary’s
Representative’s Offices has a Regional
Counsel. The location and contact
information for the HUD FOIA Reading
Rooms and for the Regional Counsel can be
found in HUD’s Local Office Directory
through HUD’s Internet site at https://
www.hud.gov.
Dated: July 14, 2008.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E8–18282 Filed 8–11–08; 8:45 am]
14:12 Aug 11, 2008
Jkt 214001
27 CFR Part 9
[Notice No. 89; Docket No. TTB–2008–0008]
RIN 1513–AB52
Please call 202–927–2400 to make an
appointment.
N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, CA 94952; telephone
415–271–1254.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Proposed Establishment of the Happy
Canyon of Santa Barbara Viticultural
Area (2007R–311P)
Background on Viticultural Areas
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
Consideration of demands shall be
within the province of the attorney
representing the United States, who may
raise any valid objection to the
production of material or provision of
testimony in response to the demand.
14. Add § 15.305 to read as follows:
VerDate Aug<31>2005
Alcohol and Tobacco Tax and Trade
Bureau
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
requires that these regulations, 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 viticultural areas.
AGENCY:
§ 15.304 Consideration of demands for
production of material or provision of
testimony.
BILLING CODE 4210–67–P
DEPARTMENT OF THE TREASURY
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the 23,941-acre ‘‘Happy Canyon of Santa
Barbara’’ American viticultural area in
Santa Barbara County, California. This
area lies within the larger Santa Ynez
Valley viticultural area and 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 addition to our
regulations.
We must receive written
comments on or before October 14,
2008.
DATES:
You may send comments on
this notice 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–
0008 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–2008–0008. A
link to that docket is posted on the TTB
Web site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 89. You also may view copies of this
notice, all related petitions, maps and
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.
ADDRESSES:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
TTB Authority
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.
E:\FR\FM\12AUP1.SGM
12AUP1
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules
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.
yshivers on PROD1PC62 with PROPOSALS
Petition for Happy Canyon of Santa
Barbara
TTB received a petition from Wes
Hagen, Vineyard Manager and
Winemaker at Clos Pepe Vineyards,
Lompoc, California, on behalf of Happy
Canyon vintners and grape growers,
proposing the establishment of the
‘‘Happy Canyon of Santa Barbara’’
American viticultural area. According to
the petitioner, the proposed viticultural
area encompasses 23,941 acres, 492
acres of which are in commercial
viticulture in 6 vineyards. It is entirely
within the Santa Ynez Valley
viticultural area (27 CFR 9.54), which in
turn is completely within the
multicounty Central Coast viticultural
area (27 CFR 9.75).
The petitioner states that the
viticulture of the proposed Happy
Canyon of Santa Barbara viticultural
area, in eastern Santa Ynez Valley, is
distinguishable from that of the rest of
the valley, including the Sta. Rita Hills
viticultural area (27 CFR 9.162), in
western Santa Ynez Valley. We
summarize below the supporting
evidence submitted with the petition.
Name Evidence
According to the petitioner and USGS
maps, the ‘‘Happy Canyon of Santa
Barbara’’ name applies to a canyon
located in Santa Barbara County. TTB
notes that a search of the U.S.
Geological Survey Geographical Names
Information System (GNIS) includes ten
hits for ‘‘Happy Canyon,’’ three of
which are in California. The petitioner
originally considered Happy Canyon for
the name of the proposed viticultural
area. However, based on results of the
GNIS search, TTB determined that the
Happy Canyon name would require a
VerDate Aug<31>2005
14:12 Aug 11, 2008
Jkt 214001
geographical modifier to pinpoint its
physical location and avoid potential
consumer confusion with other
identical or similar names. After careful
consideration, the petitioner modified
the name of the viticultural area petition
to ‘‘Happy Canyon of Santa Barbara.’’
The petitioner believes that the
proposed Happy Canyon of Santa
Barbara viticultural area name will
identify the area as a unique grapegrowing region for both consumers and
industry members.
According to the USGS Lake
Cachuma, Santa Ynez, and Figueroa
Mountain maps that the petitioner
provided, Happy Canyon is a region that
descends in elevation northeast-tosouthwest, north and west of Lake
Cachuma in Santa Barbara County.
Happy Canyon Road, a light-duty road,
meanders through the proposed
viticultural area.
A road map of Santa Barbara County
shows that the Happy Canyon area and
Happy Canyon Road are to the east of
the town of Santa Ynez (Automobile
Club of Southern California, California
State Automobile Association, January
2003 edition). The map also shows that
the Happy Canyon area is within Santa
Barbara County.
Boundary Evidence
The petitioner documents that the
proposed Happy Canyon of Santa
Barbara viticultural area lies in the
eastern part of the 40-mile-wide Santa
Ynez Valley and the northern part of
Santa Barbara County, California. As
shown on USGS maps, Happy Canyon
comprises canyon terrain, hills, and
river and creek basins to the east and
south of the San Rafael Mountains, west
of Lake Cachuma, and north of the Santa
Ynez River.
The petitioner explains that the
proposed boundary line of the Happy
Canyon of Santa Barbara viticultural
area was drawn by a local committee of
viticulturists, consultants, and vintners,
all of whom had formal training in
geology, geography, and agriculture. The
proposed boundary line encompasses a
unique geological and climatic grapegrowing region on the east side of the
Santa Ynez Valley viticultural area. The
proposed boundary line skirts the San
Rafael Mountains to the north, the Los
Padres National Forest to the east, and
the Lake Cachuma Recreation Area on
portions of the south side, according to
the written boundary description. The
proposed boundary line, continuing in a
clockwise direction, incorporates a
portion of the Santa Ynez River as the
south boundary line, and uses a series
of straight lines between elevation
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
46831
points to skirt the steep foothills west of
the Santa Agueda and Figueroa Creeks.
According to the petitioner, the
northern and northeastern portions of
the boundary line of the proposed
Happy Canyon of Santa Barbara
viticultural area are based on the
location of the best grape-growing areas,
viable agricultural soils, sparse and
rocky pine forests, and high elevations.
Photographs and descriptions of the
landscape in the proposed viticultural
area tell of the change from green
pastures to stony, infertile soils at the
Los Padres National Forest to the
northeast. The U.S. Department of
Agriculture, Soil Conservation Service,
did not map the soils in the national
forest. However, as shown on the USGS
maps submitted with the petition,
elevations north of Happy Canyon rise
from 1,200 to 3,200 feet, far exceeding
the average 1,200-foot elevation within
the proposed viticultural area.
The USGS maps show that the eastern
boundary line of the proposed Happy
Canyon of Santa Barbara viticultural
area runs, north to south, along the
border of the Los Padres National
Forest, and continues south along the
dividing line of several land grants. The
proposed boundary line cuts through
steep, mountainous terrain where
elevations are between approximately
800 and 3,400 feet. The petitioner
explains that the proposed eastern
boundary line uses the same line
established in 1983 for the eastern
border of the Santa Ynez Valley
viticultural area. Local winegrowers in
Happy Canyon assert that the eastern
boundary line applies equally well to
the Santa Ynez Valley and the proposed
Happy Canyon of Santa Barbara
viticultural areas.
According to the written boundary
description in the petition and the
USGS maps, the southern boundary line
of the proposed Happy Canyon of Santa
Barbara viticultural area coincides with
the southern boundary line of the Santa
Ynez Valley viticultural area along the
boundary line of the Lake Cachuma
Recreation Area to its intersection with
the Santa Ynez River. The proposed
boundary line then follows the Santa
Ynez River west to its intersection with
a road, where the boundary line turns
north.
The petitioner explains that the
committee, in determining the
southwestern portion of the boundary of
the proposed viticultural area,
considered only areas that were
traditionally known as Happy Canyon
and that had similar potential for
viticulture.
The petitioner explains that the
central and northerly portions of the
E:\FR\FM\12AUP1.SGM
12AUP1
46832
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules
western boundary line of the proposed
Happy Canyon of Santa Barbara
viticultural area define the boundaries
of grazed, rolling hills and deep canyons
with ridge lines 1,200 to 1,800 feet in
elevation. According to the written
boundary description and USGS maps,
the rolling foothills of the Santa Agueda
Creek Valley, where cattle graze both
sides of the creek, lie immediately
inside the proposed western boundary
line. As the Santa Agueda Creek Valley
rises to the west, rolling foothills meet
steep canyons at the western boundary
line of the proposed Happy Canyon of
Santa Barbara viticultural area. The
petitioner notes that the steepness of the
terrain to the west and outside of the
proposed boundary line contrasts with
the topography and geology of the
preserved oak scrubland, open rolling
grazeland, and vineyards to the east,
inside the proposed boundary line.
Distinguishing Features
The petitioner states that the
distinguishing features of the proposed
Happy Canyon of Santa Barbara
viticultural area are climate,
topography, drainage, and soils and
geology. Happy Canyon, in the eastern
portion of the Santa Ynez Valley, and
the western portion of the Santa Ynez
Valley have overt differences in climate,
geological parent material, and soil
drainage patterns.
Climate
According to the petitioner, of all the
grape-growing areas in the Santa Ynez
Valley, Happy Canyon is the furthest
inland and has the warmest climate. It
is located in the easternmost part of the
Santa Ynez Valley, and the daytime
highs and nighttime lows in that part of
the county vary more in a 24-hour
period than those in other parts of the
valley. At about 12 miles west of the
proposed viticultural area, the inland
mountain ranges change direction from
west-east to north-south. The northsouth mountain ridge blocks the Pacific
coastal breezes, preventing them from
cooling the canyon. As a result, the
ridge traps in heat in Happy Canyon
during the warmer growing months.
The petition for the Happy Canyon of
Santa Barbara viticultural area includes
climatic data for the period 2004–6
provided by Kerry Martin of Coastal
Vineyard Care Associates. Some of the
data for the Happy Canyon area and the
areas to the west and north of Happy
Canyon were obtained from data
stations located in vineyards and
maintained by Coastal Vineyard Care
Associates. The data for the areas to the
east and south of Happy Canyon were
retrieved from the Western Regional
Climate Center (at https://
www.wrcc.dri.edu/) and the California
Irrigation Management Information
System (at https://
www.cimis.water.ca.gov/cimis/
welcome.jsp), respectively. The
petitioner used those data in creating
the table below, which compares
growing degree days, based on the
Winkler climate classification system,
for Happy Canyon and the surrounding
areas; see ‘‘General Viticulture,’’ by
Albert J. Winkler, University of
California Press, 1974. In the Winkler
system, as a measurement of heat
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. The data,
in degree days, show that, compared to
the Happy Canyon area, areas to the
north, south, and west of Happy Canyon
average between 5 and 20 percent cooler
and the area to the east averages 15
percent warmer.
GROWING DEGREE DAYS WITHIN AND OUTSIDE OF HAPPY CANYON, 2004–2006
Location relative to
Happy Canyon
In Happy Canyon ...........
North—Los Alamos
East—Figueroa
Mountain.
South—Santa Barbara.
West—Ballard Canyon.
2004
2005
3,187
2,700
3,721
3,419
3,200
3,965
3,340
3,050
3,853
Same.
9% cooler.
15% warmer.
2,795
2,537
2,721
2,684
20% cooler.
3,300
2,950
3,250
3,167
5% cooler.
yshivers on PROD1PC62 with PROPOSALS
The petitioner explains that the
topography of the proposed Happy
Canyon of Santa Barbara viticultural
area includes varying elevations, rolling
foothills, and a distinctive southwest
drainage. According to the USGS maps,
the proposed viticultural area lies on the
east side and in the higher elevations of
the Santa Ynez Valley region. Elevations
within the proposed boundary line
range from 500 feet in the southwest
corner to 3,430 feet in the northeast
corner, in the foothills of the San Rafael
Range.
The petitioner explains that between
the Pacific Ocean and the Santa Ynez
Valley, hills and mountains trend westto-east. As the elevation of the Santa
Ynez Valley rises from west to east, the
hills and mountains turn from a west-
14:12 Aug 11, 2008
Percent cooler or warmer than Happy Canyon
3,414
3,250
3,872
Topography
VerDate Aug<31>2005
Overall
average
2006
Jkt 214001
east direction to a generally north-south
direction. The proposed viticultural
area, located inland, lies along
mountains and hills with a north-south
orientation.
Drainage
According to the petitioner, the
southwest drainage pattern of the
proposed viticultural area is
comparatively unique. To the west of
the proposed boundary line, between
Santa Agueda Creek and Figueroa
Mountain Road, the drainage pattern
trends south-southeast.
Soils and Geology
According to the current soil survey,
the two major soil types in the proposed
Happy Canyon of Santa Barbara
viticultural area are related to
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
topography (‘‘Soil Survey of Northern
Santa Barbara Area, California,’’ issued
by the United States Department of
Agriculture, Soil Conservation Service,
1972).
Alluvial soils are at lower elevations
and on bottoms of canyons; upland soils
are at higher elevations of canyons and
on surrounding peaks and hilltops.
The petitioner explains that based on
the current soil survey, the soil
characteristics of the proposed Happy
Canyon of Santa Barbara viticultural
area include green serpentine
(magnesium silicate hydroxide) parent
material, elevated levels of
exchangeable magnesium, lower levels
of exchangeable sodium, and a high
cation exchange capacity (CEC). High
CEC levels, based on the amount of
positively charged ions in the soils,
E:\FR\FM\12AUP1.SGM
12AUP1
46833
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules
increase the uptake of nutrients by plant
roots.
The proposed viticultural area
comprises the Shedd-Santa Lucia-Diablo
and Toomes-Climara associations on
uplands. The Shedd-Santa Lucia-Diablo
association consists of strongly sloping
to very steep, well drained shaly clay
loams and silty clays. The ToomesClimara association consists of
moderately steep to very steep,
somewhat excessively drained and well
drained clay loams and clays.
The Chamise-Arnold-Crow Hills
association is of greater extent in the
western portion of the Santa Ynez
Valley viticultural area, west of the
proposed Happy Canyon of Santa
Barbara viticultural area. This
association consists of gently sloping to
very steep, well drained and somewhat
excessively drained sands to clay loams
on high terraces and uplands.
The petitioner explains that the soils
in the western portion of the Santa Ynez
Valley viticultural area, compared to the
soils in the proposed Happy Canyon of
Santa Barbara viticultural area, have less
magnesium, a significantly lower CEC
level, and higher amounts of
exchangeable sodium. Although
drainage patterns change along the
proposed western boundary line, the
soils on both sides of the boundary line
are similar.
The Positas-Ballard-Santa Ynez soil
association is scattered throughout
much of the southern part of the
proposed Happy Canyon of Santa
Barbara viticultural area. Sedimentary
rock, unfavorable for viticulture, is
predominant along the south side of the
Santa Ynez River, outside the proposed
boundary line.
The petitioner provides the results of
two soil studies conducted in
connection with the proposed Happy
Canyon of Santa Barbara viticultural
area. The first study details the
differences in CEC among soils tested at
sites in the proposed viticultural area
and in areas immediately southwest and
further west of the proposed boundary
line, in the western end of the Santa
Ynez Valley. The study shows that the
soils in the proposed viticultural area
have significantly more magnesium and
an elevated CEC level as compared to
the soils in areas beyond the proposed
boundary line to the southwest and west
(see table below). The petitioner also
notes that the levels of calcium and
sodium in the soils in the Happy
Canyon are less than half those in the
soils to the southwest and west.
CATION EXCHANGE CAPACITY (CEC) IN SOILS WITHIN AND OUTSIDE OF HAPPY CANYON
[meq/100g=milliequivalents of cations absorbed per 100 grams of soil]
Location
Magnesium
Calcium
Total CEC in
meq/100g
Sodium
Percent of total CEC
Westerly Vineyard (in Happy Canyon) ............................................................
Armour Ranch Road and Hwy 154 .................................................................
(1 mile southwest of Happy Canyon) ..............................................................
Clos Pepe (in the Sta. Rita Hills viticultural area, in the west end of Santa
Ynez Valley) .................................................................................................
The second study that the petitioner
provided examines the differences in
soils in the proposed Happy Canyon of
Santa Barbara viticultural area and in
canyons outside the boundary line, as
far west as Figueroa Mountain Road,
which is located approximately 4 miles
74.1
23.1
0.72
32.0
34.4
60.0
2.0
12.5
26.0
61.0
5.0
11.6
away. The study is based on an acreage
table of the soils on approximately
35,000 acres within the proposed
viticultural area and on an equal
number of acres to the west (see ‘‘Soil
Survey of Northern Santa Barbara Area,
California’’). The results of that study
confirm the differences in total acreage
and slope of soils in areas on either side
of the proposed western boundary line
of the Happy Canyon of Santa Barbara
viticultural area (see table below).
DOMINANT SOIL MAP UNITS WITHIN AND OUTSIDE OF HAPPY CANYON
Number of map
units/percentage
of survey area
Soil symbol and soil name
Percentage slope
Happy Canyon of Santa Barbara (East of Foothills Adjacent to Santa Agueda Creek)
DaF—Diablo silty clay ...........................................................................................................................
SrG3—Shedd silty clay loam .................................................................................................................
SdC—Salinas silty clay loam .................................................................................................................
ChF—Chamise shaly loam ....................................................................................................................
SrG—Shedd silty clay loam ...................................................................................................................
28/14
23/12
11/6
11/6
11/6
30 to 45 percent.
9 to 30 percent.
2 to 9 percent.
15 to 45 percent.
9 to 30 percent.
yshivers on PROD1PC62 with PROPOSALS
Figueroa Area (West of Foothills and Santa Agueda Creek to Figueroa Mountain Road)
PtC—Positas fine sandy loam ...............................................................................................................
ChF—Chamise shaly loam ....................................................................................................................
PtD—Positas fine sandy loam ...............................................................................................................
CkF—Chamise clay loam ......................................................................................................................
SnC—Santa Ynez Gravelly fine sandy loam ........................................................................................
VerDate Aug<31>2005
14:12 Aug 11, 2008
Jkt 214001
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
E:\FR\FM\12AUP1.SGM
25/17
22/15
13/9
11/8
11/8
12AUP1
2 to 9 percent.
15 to 45 percent.
9 to 15 percent.
30 to 45 percent.
9 to 15 percent.
46834
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules
According to the petitioner, the
results of the soil study above show a
unique geological pattern that justifies
placing the western portion of the
proposed boundary line in the vicinity
of the Santa Agueda and Figueroa
Creeks. The results also show that the
Happy Canyon area comprises a group
of soils different from those found to the
west.
TTB Determination
TTB concludes that this petition to
establish the 23,941-acre ‘‘Happy
Canyon of Santa Barbara’’ American
viticultural area merits consideration
and public comment as invited in this
notice.
Boundary Description
See the narrative boundary
description of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this notice.
yshivers on PROD1PC62 with PROPOSALS
Maps
The petitioner provided the required
maps, and we list them below in the
proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. If we
establish this proposed viticultural area,
its name, ‘‘Happy Canyon of Santa
Barbara,’’ will be recognized as a name
of viticultural significance under 27
CFR 4.39(i)(3). The text of the proposed
regulation clarifies this point.
Consequently, wine bottlers using
‘‘Happy Canyon of Santa Barbara’’ in a
brand name, including a trademark, or
in another label reference as to the
origin of the wine, will have to ensure
that the product is eligible to use the
viticultural area’s name as an
appellation of origin.
On the other hand, we do not believe
that any single part of the proposed
viticultural area name standing alone,
such as ‘‘Happy Canyon,’’ would have
viticultural significance if the new area
is established. According to GNIS, the
‘‘Happy Canyon’’ refers to 10 locations
in 6 States within the United States.
TTB believes that a determination of
‘‘Happy Canyon’’ as a term of
viticultural significance would lead to
consumer and industry confusion and
should be avoided. Accordingly, the
proposed part 9 regulatory text set forth
in this document specifies only the full
‘‘Happy Canyon of Santa Barbara’’ name
as a term of viticultural significance for
purposes of part 4 of the TTB
regulations.
VerDate Aug<31>2005
14:12 Aug 11, 2008
Jkt 214001
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 term, and
the wine must meet the other conditions
listed in 27 CFR 4.25(e)(3). If the wine
is not eligible to use the viticultural area
name as an appellation of origin and
that name or other term of viticultural
significance appears in the brand name,
then the label is not in compliance and
the bottler must change the brand name
and obtain approval of a new label.
Similarly, if the viticultural area name
or other term of viticultural significance
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Accordingly, if a previously
approved label uses the name ‘‘Happy
Canyon of Santa Barbara’’ for a wine
that does not meet the 85 percent
standard, the previously approved label
will be subject to revocation upon the
effective date of the approval of the
Happy Canyon of Santa Barbara
viticultural area.
Different rules apply if a wine has a
brand name containing a viticultural
area name or other term of viticultural
significance that was used as a brand
name on a label approved before July 7,
1986. See 27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
We invite comments from interested
members of the public on whether we
should establish the proposed
viticultural area. We are also interested
in receiving comments on the
sufficiency and accuracy of the name,
boundary, climatic, and other required
information submitted in support of the
petition. We are also particularly
interested in any comments on whether
the evidence regarding name and
distinguishing features is sufficient to
warrant the establishment of this new
viticultural area within the existing
Santa Ynez Valley and the larger Central
Coast viticultural areas. Please provide
any available specific information in
support of your comments.
Because of the potential impact of the
establishment of the proposed Happy
Canyon of Santa Barbara viticultural
area on wine labels that include the
words ‘‘Happy Canyon of Santa
Barbara’’ as discussed above under
‘‘Impact on Current Wine Labels,’’ we
also are particularly interested in
comments regarding whether there will
be a conflict between the proposed
viticulturally significant terms and
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
currently used brand names. If a
commenter believes that a conflict will
arise, the comment should describe the
nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed
viticultural area will have on an existing
viticultural enterprise. We are also
interested in receiving suggestions for
ways to avoid conflicts, for example by
adopting a modified or different name
for the viticultural area.
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–2008–0008 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 89 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. 89 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.
E:\FR\FM\12AUP1.SGM
12AUP1
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules
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.
Executive Order 12866. Therefore, it
requires no regulatory assessment.
Drafting Information
N.A. Sutton of the Regulations and
Rulings Division drafted this notice.
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–
0008 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. 89. 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.
yshivers on PROD1PC62 with PROPOSALS
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
VerDate Aug<31>2005
14:12 Aug 11, 2008
Jkt 214001
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.
2. Subpart C is amended by adding
§ 9.___to read as follows:
Subpart C—Approved American
Viticultural Areas
§ 9.___
Happy Canyon of Santa Barbara.
(a) Name. The name of the viticultural
area described in this section is ‘‘Happy
Canyon of Santa Barbara’’. For purposes
of part 4 of this chapter, ‘‘Happy Canyon
of Santa Barbara’’ is a term of
viticultural significance.
(b) Approved maps. The four United
States Geological Survey 1:24,000 scale
topographic maps used to determine the
boundary of the Happy Canyon of Santa
Barbara viticultural area are titled:
(1) Los Olivos, CA, 1995;
(2) Figueroa Mountain, CA, 1995;
(3) Lake Cachuma, CA, 1995; and
(4) Santa Ynez, CA, 1995.
(c) Boundary. The Happy Canyon of
Santa Barbara viticultural area is located
in Santa Barbara County, California. The
boundary of the Happy Canyon of Santa
Barbara viticultural area is as described
below:
(1) The beginning point is on the Los
Olivos map at the intersection of the
Santa Lucia Ranger District diagonal
line and Figueroa Mountain Road, a
light-duty road, section 27, T8N, R30W.
From the beginning point, proceed
southeast along the Santa Lucia Ranger
District diagonal line, crossing onto the
Figueroa Mountain map, and continuing
east to its intersection with the
northwest corner of section 6, T7N,
R29W; then
(2) Proceed straight south along the
R29W and R30W line, which is a
boundary line of the Los Padres
National Forest, to its intersection with
the southwest corner of section 18 that
coincides with one of the two 90-degree,
southwest corners of the Los Padres
National Forest, T7N, R29W; then
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
46835
(3) Proceed east, south, and then east,
along the boundary line of the Los
Padres National Forest, to its
intersection with the boundary line of
˜
the Canada de Los Pinos, or College
Rancho Grant, at the northwest corner of
section 28, T7N, R29W; then
(4) Proceed straight south along the
˜
boundary line of the Canada de Los
Pinos, or College Rancho Grant, crossing
onto the Lake Cachuma map, to its
intersection with the 1,074-foot Bitt
elevation point and the Lake Cachuma
Recreation Area boundary line, section
17 east boundary line, T6N, R29W; then
(5) Proceed generally southwest along
the Lake Cachuma Recreation Area
boundary line to its intersection with
the Santa Ynez River to the west of Lake
Cachuma and Bradbury Dam, T6N,
R30W; then
(6) Proceed generally west along the
Santa Ynez River, crossing onto the
Santa Ynez map, and continuing to its
intersection with California State Road
154, northwest of BM 533, T6N, R30W;
then
(7) Proceed north-northwest in a
straight line 1.2 miles to its intersection
with the marked 924-foot elevation
point, T6N, R30W; then
(8) Proceed north-northwest in a
straight line 1.2 miles to its intersection
with the ‘‘Y’’ in an unimproved road 0.1
mile south of the 800-foot elevation line,
west of Happy Canyon Road, T6N,
R30W; then
(9) Proceed north-northwest in a
straight line for 0.5 mile, crossing onto
the Los Olivos map, and continuing to
its intersection with the marked 1,324foot elevation point, 0.5 mile southwest
of Bar G O Ranch, T7N, R30W; then
(10) Proceed north-northwest in a
straight line for 2.5 miles crossing over
the marked 1,432-foot elevation point in
section 9, then continue in a straight
line northerly 1.4 miles to its
intersection with the marked 1,721-foot
elevation point in section 4, T7N,
R30W; then
(11) Proceed north in a straight line
1.4 miles to its intersection with the
marked 2,334-foot elevation point, west
of a meandering unimproved road and
south of Figueroa Mountain Road, T8N,
R30W; then
(12) Proceed east-northeast in a
straight line, returning to the beginning
point.
Signed: June 9, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8–18536 Filed 8–11–08; 8:45 am]
BILLING CODE 4810–31–P
E:\FR\FM\12AUP1.SGM
12AUP1
]]>Agencies
[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Proposed Rules]
[Pages 46830-46835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18536]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 89; Docket No. TTB-2008-0008]
RIN 1513-AB52
Proposed Establishment of the Happy Canyon of Santa Barbara
Viticultural Area (2007R-311P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the 23,941-acre ``Happy Canyon of Santa Barbara'' American
viticultural area in Santa Barbara County, California. This area lies
within the larger Santa Ynez Valley viticultural area and 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 addition to our regulations.
DATES: We must receive written comments on or before October 14, 2008.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
https://www.regulations.gov (via the online comment form
for this notice as posted within Docket No. TTB-2008-0008 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-2008-0008. A link to that
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine_
rulemaking.shtml under Notice No. 89. You also may view copies of this
notice, all related petitions, maps and 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; telephone 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 requires that these regulations, 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 viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area.
[[Page 46831]]
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.
Petition for Happy Canyon of Santa Barbara
TTB received a petition from Wes Hagen, Vineyard Manager and
Winemaker at Clos Pepe Vineyards, Lompoc, California, on behalf of
Happy Canyon vintners and grape growers, proposing the establishment of
the ``Happy Canyon of Santa Barbara'' American viticultural area.
According to the petitioner, the proposed viticultural area encompasses
23,941 acres, 492 acres of which are in commercial viticulture in 6
vineyards. It is entirely within the Santa Ynez Valley viticultural
area (27 CFR 9.54), which in turn is completely within the multicounty
Central Coast viticultural area (27 CFR 9.75).
The petitioner states that the viticulture of the proposed Happy
Canyon of Santa Barbara viticultural area, in eastern Santa Ynez
Valley, is distinguishable from that of the rest of the valley,
including the Sta. Rita Hills viticultural area (27 CFR 9.162), in
western Santa Ynez Valley. We summarize below the supporting evidence
submitted with the petition.
Name Evidence
According to the petitioner and USGS maps, the ``Happy Canyon of
Santa Barbara'' name applies to a canyon located in Santa Barbara
County. TTB notes that a search of the U.S. Geological Survey
Geographical Names Information System (GNIS) includes ten hits for
``Happy Canyon,'' three of which are in California. The petitioner
originally considered Happy Canyon for the name of the proposed
viticultural area. However, based on results of the GNIS search, TTB
determined that the Happy Canyon name would require a geographical
modifier to pinpoint its physical location and avoid potential consumer
confusion with other identical or similar names. After careful
consideration, the petitioner modified the name of the viticultural
area petition to ``Happy Canyon of Santa Barbara.'' The petitioner
believes that the proposed Happy Canyon of Santa Barbara viticultural
area name will identify the area as a unique grape-growing region for
both consumers and industry members.
According to the USGS Lake Cachuma, Santa Ynez, and Figueroa
Mountain maps that the petitioner provided, Happy Canyon is a region
that descends in elevation northeast-to-southwest, north and west of
Lake Cachuma in Santa Barbara County. Happy Canyon Road, a light-duty
road, meanders through the proposed viticultural area.
A road map of Santa Barbara County shows that the Happy Canyon area
and Happy Canyon Road are to the east of the town of Santa Ynez
(Automobile Club of Southern California, California State Automobile
Association, January 2003 edition). The map also shows that the Happy
Canyon area is within Santa Barbara County.
Boundary Evidence
The petitioner documents that the proposed Happy Canyon of Santa
Barbara viticultural area lies in the eastern part of the 40-mile-wide
Santa Ynez Valley and the northern part of Santa Barbara County,
California. As shown on USGS maps, Happy Canyon comprises canyon
terrain, hills, and river and creek basins to the east and south of the
San Rafael Mountains, west of Lake Cachuma, and north of the Santa Ynez
River.
The petitioner explains that the proposed boundary line of the
Happy Canyon of Santa Barbara viticultural area was drawn by a local
committee of viticulturists, consultants, and vintners, all of whom had
formal training in geology, geography, and agriculture. The proposed
boundary line encompasses a unique geological and climatic grape-
growing region on the east side of the Santa Ynez Valley viticultural
area. The proposed boundary line skirts the San Rafael Mountains to the
north, the Los Padres National Forest to the east, and the Lake Cachuma
Recreation Area on portions of the south side, according to the written
boundary description. The proposed boundary line, continuing in a
clockwise direction, incorporates a portion of the Santa Ynez River as
the south boundary line, and uses a series of straight lines between
elevation points to skirt the steep foothills west of the Santa Agueda
and Figueroa Creeks.
According to the petitioner, the northern and northeastern portions
of the boundary line of the proposed Happy Canyon of Santa Barbara
viticultural area are based on the location of the best grape-growing
areas, viable agricultural soils, sparse and rocky pine forests, and
high elevations. Photographs and descriptions of the landscape in the
proposed viticultural area tell of the change from green pastures to
stony, infertile soils at the Los Padres National Forest to the
northeast. The U.S. Department of Agriculture, Soil Conservation
Service, did not map the soils in the national forest. However, as
shown on the USGS maps submitted with the petition, elevations north of
Happy Canyon rise from 1,200 to 3,200 feet, far exceeding the average
1,200-foot elevation within the proposed viticultural area.
The USGS maps show that the eastern boundary line of the proposed
Happy Canyon of Santa Barbara viticultural area runs, north to south,
along the border of the Los Padres National Forest, and continues south
along the dividing line of several land grants. The proposed boundary
line cuts through steep, mountainous terrain where elevations are
between approximately 800 and 3,400 feet. The petitioner explains that
the proposed eastern boundary line uses the same line established in
1983 for the eastern border of the Santa Ynez Valley viticultural area.
Local winegrowers in Happy Canyon assert that the eastern boundary line
applies equally well to the Santa Ynez Valley and the proposed Happy
Canyon of Santa Barbara viticultural areas.
According to the written boundary description in the petition and
the USGS maps, the southern boundary line of the proposed Happy Canyon
of Santa Barbara viticultural area coincides with the southern boundary
line of the Santa Ynez Valley viticultural area along the boundary line
of the Lake Cachuma Recreation Area to its intersection with the Santa
Ynez River. The proposed boundary line then follows the Santa Ynez
River west to its intersection with a road, where the boundary line
turns north.
The petitioner explains that the committee, in determining the
southwestern portion of the boundary of the proposed viticultural area,
considered only areas that were traditionally known as Happy Canyon and
that had similar potential for viticulture.
The petitioner explains that the central and northerly portions of
the
[[Page 46832]]
western boundary line of the proposed Happy Canyon of Santa Barbara
viticultural area define the boundaries of grazed, rolling hills and
deep canyons with ridge lines 1,200 to 1,800 feet in elevation.
According to the written boundary description and USGS maps, the
rolling foothills of the Santa Agueda Creek Valley, where cattle graze
both sides of the creek, lie immediately inside the proposed western
boundary line. As the Santa Agueda Creek Valley rises to the west,
rolling foothills meet steep canyons at the western boundary line of
the proposed Happy Canyon of Santa Barbara viticultural area. The
petitioner notes that the steepness of the terrain to the west and
outside of the proposed boundary line contrasts with the topography and
geology of the preserved oak scrubland, open rolling grazeland, and
vineyards to the east, inside the proposed boundary line.
Distinguishing Features
The petitioner states that the distinguishing features of the
proposed Happy Canyon of Santa Barbara viticultural area are climate,
topography, drainage, and soils and geology. Happy Canyon, in the
eastern portion of the Santa Ynez Valley, and the western portion of
the Santa Ynez Valley have overt differences in climate, geological
parent material, and soil drainage patterns.
Climate
According to the petitioner, of all the grape-growing areas in the
Santa Ynez Valley, Happy Canyon is the furthest inland and has the
warmest climate. It is located in the easternmost part of the Santa
Ynez Valley, and the daytime highs and nighttime lows in that part of
the county vary more in a 24-hour period than those in other parts of
the valley. At about 12 miles west of the proposed viticultural area,
the inland mountain ranges change direction from west-east to north-
south. The north-south mountain ridge blocks the Pacific coastal
breezes, preventing them from cooling the canyon. As a result, the
ridge traps in heat in Happy Canyon during the warmer growing months.
The petition for the Happy Canyon of Santa Barbara viticultural
area includes climatic data for the period 2004-6 provided by Kerry
Martin of Coastal Vineyard Care Associates. Some of the data for the
Happy Canyon area and the areas to the west and north of Happy Canyon
were obtained from data stations located in vineyards and maintained by
Coastal Vineyard Care Associates. The data for the areas to the east
and south of Happy Canyon were retrieved from the Western Regional
Climate Center (at https://www.wrcc.dri.edu/) and the California
Irrigation Management Information System (at https://
www.cimis.water.ca.gov/cimis/welcome.jsp), respectively. The petitioner
used those data in creating the table below, which compares growing
degree days, based on the Winkler climate classification system, for
Happy Canyon and the surrounding areas; see ``General Viticulture,'' by
Albert J. Winkler, University of California Press, 1974. In the Winkler
system, as a measurement of heat 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. The data, in degree days,
show that, compared to the Happy Canyon area, areas to the north,
south, and west of Happy Canyon average between 5 and 20 percent cooler
and the area to the east averages 15 percent warmer.
Growing Degree Days Within and Outside of Happy Canyon, 2004-2006
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overall Percent cooler or warmer than Happy
Location relative to Happy Canyon 2004 2005 2006 average Canyon
--------------------------------------------------------------------------------------------------------------------------------------------------------
In Happy Canyon................................ 3,414 3,187 3,419 3,340 Same.
North--Los Alamos.......................... 3,250 2,700 3,200 3,050 9% cooler.
East--Figueroa Mountain.................... 3,872 3,721 3,965 3,853 15% warmer.
South--Santa Barbara....................... 2,795 2,537 2,721 2,684 20% cooler.
West--Ballard Canyon....................... 3,300 2,950 3,250 3,167 5% cooler.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Topography
The petitioner explains that the topography of the proposed Happy
Canyon of Santa Barbara viticultural area includes varying elevations,
rolling foothills, and a distinctive southwest drainage. According to
the USGS maps, the proposed viticultural area lies on the east side and
in the higher elevations of the Santa Ynez Valley region. Elevations
within the proposed boundary line range from 500 feet in the southwest
corner to 3,430 feet in the northeast corner, in the foothills of the
San Rafael Range.
The petitioner explains that between the Pacific Ocean and the
Santa Ynez Valley, hills and mountains trend west-to-east. As the
elevation of the Santa Ynez Valley rises from west to east, the hills
and mountains turn from a west-east direction to a generally north-
south direction. The proposed viticultural area, located inland, lies
along mountains and hills with a north-south orientation.
Drainage
According to the petitioner, the southwest drainage pattern of the
proposed viticultural area is comparatively unique. To the west of the
proposed boundary line, between Santa Agueda Creek and Figueroa
Mountain Road, the drainage pattern trends south-southeast.
Soils and Geology
According to the current soil survey, the two major soil types in
the proposed Happy Canyon of Santa Barbara viticultural area are
related to topography (``Soil Survey of Northern Santa Barbara Area,
California,'' issued by the United States Department of Agriculture,
Soil Conservation Service, 1972).
Alluvial soils are at lower elevations and on bottoms of canyons;
upland soils are at higher elevations of canyons and on surrounding
peaks and hilltops.
The petitioner explains that based on the current soil survey, the
soil characteristics of the proposed Happy Canyon of Santa Barbara
viticultural area include green serpentine (magnesium silicate
hydroxide) parent material, elevated levels of exchangeable magnesium,
lower levels of exchangeable sodium, and a high cation exchange
capacity (CEC). High CEC levels, based on the amount of positively
charged ions in the soils,
[[Page 46833]]
increase the uptake of nutrients by plant roots.
The proposed viticultural area comprises the Shedd-Santa Lucia-
Diablo and Toomes-Climara associations on uplands. The Shedd-Santa
Lucia-Diablo association consists of strongly sloping to very steep,
well drained shaly clay loams and silty clays. The Toomes-Climara
association consists of moderately steep to very steep, somewhat
excessively drained and well drained clay loams and clays.
The Chamise-Arnold-Crow Hills association is of greater extent in
the western portion of the Santa Ynez Valley viticultural area, west of
the proposed Happy Canyon of Santa Barbara viticultural area. This
association consists of gently sloping to very steep, well drained and
somewhat excessively drained sands to clay loams on high terraces and
uplands.
The petitioner explains that the soils in the western portion of
the Santa Ynez Valley viticultural area, compared to the soils in the
proposed Happy Canyon of Santa Barbara viticultural area, have less
magnesium, a significantly lower CEC level, and higher amounts of
exchangeable sodium. Although drainage patterns change along the
proposed western boundary line, the soils on both sides of the boundary
line are similar.
The Positas-Ballard-Santa Ynez soil association is scattered
throughout much of the southern part of the proposed Happy Canyon of
Santa Barbara viticultural area. Sedimentary rock, unfavorable for
viticulture, is predominant along the south side of the Santa Ynez
River, outside the proposed boundary line.
The petitioner provides the results of two soil studies conducted
in connection with the proposed Happy Canyon of Santa Barbara
viticultural area. The first study details the differences in CEC among
soils tested at sites in the proposed viticultural area and in areas
immediately southwest and further west of the proposed boundary line,
in the western end of the Santa Ynez Valley. The study shows that the
soils in the proposed viticultural area have significantly more
magnesium and an elevated CEC level as compared to the soils in areas
beyond the proposed boundary line to the southwest and west (see table
below). The petitioner also notes that the levels of calcium and sodium
in the soils in the Happy Canyon are less than half those in the soils
to the southwest and west.
Cation Exchange Capacity (CEC) in Soils Within and Outside of Happy Canyon
[meq/100g=milliequivalents of cations absorbed per 100 grams of soil]
----------------------------------------------------------------------------------------------------------------
Total CEC in
Location Magnesium Calcium Sodium meq/100g
----------------------------------------------------------------------------------------------------------------
Percent of total CEC
------------------------------------------------
Westerly Vineyard (in Happy Canyon)............. 74.1 23.1 0.72 32.0
Armour Ranch Road and Hwy 154................... 34.4 60.0 2.0 12.5
(1 mile southwest of Happy Canyon)..............
Clos Pepe (in the Sta. Rita Hills viticultural 26.0 61.0 5.0 11.6
area, in the west end of Santa Ynez Valley)....
----------------------------------------------------------------------------------------------------------------
The second study that the petitioner provided examines the
differences in soils in the proposed Happy Canyon of Santa Barbara
viticultural area and in canyons outside the boundary line, as far west
as Figueroa Mountain Road, which is located approximately 4 miles away.
The study is based on an acreage table of the soils on approximately
35,000 acres within the proposed viticultural area and on an equal
number of acres to the west (see ``Soil Survey of Northern Santa
Barbara Area, California''). The results of that study confirm the
differences in total acreage and slope of soils in areas on either side
of the proposed western boundary line of the Happy Canyon of Santa
Barbara viticultural area (see table below).
Dominant Soil Map Units Within and Outside of Happy Canyon
----------------------------------------------------------------------------------------------------------------
Number of map
Soil symbol and soil name units/percentage Percentage slope
of survey area
----------------------------------------------------------------------------------------------------------------
Happy Canyon of Santa Barbara (East of Foothills Adjacent to Santa Agueda Creek)
----------------------------------------------------------------------------------------------------------------
DaF--Diablo silty clay......................... 28/14 30 to 45 percent.
SrG3--Shedd silty clay loam.................... 23/12 9 to 30 percent.
SdC--Salinas silty clay loam................... 11/6 2 to 9 percent.
ChF--Chamise shaly loam........................ 11/6 15 to 45 percent.
SrG--Shedd silty clay loam..................... 11/6 9 to 30 percent.
----------------------------------------------------------------------------------------------------------------
Figueroa Area (West of Foothills and Santa Agueda Creek to Figueroa Mountain Road)
----------------------------------------------------------------------------------------------------------------
PtC--Positas fine sandy loam................... 25/17 2 to 9 percent.
ChF--Chamise shaly loam........................ 22/15 15 to 45 percent.
PtD--Positas fine sandy loam................... 13/9 9 to 15 percent.
CkF--Chamise clay loam......................... 11/8 30 to 45 percent.
SnC--Santa Ynez Gravelly fine sandy loam....... 11/8 9 to 15 percent.
----------------------------------------------------------------------------------------------------------------
[[Page 46834]]
According to the petitioner, the results of the soil study above
show a unique geological pattern that justifies placing the western
portion of the proposed boundary line in the vicinity of the Santa
Agueda and Figueroa Creeks. The results also show that the Happy Canyon
area comprises a group of soils different from those found to the west.
TTB Determination
TTB concludes that this petition to establish the 23,941-acre
``Happy Canyon of Santa Barbara'' American viticultural area merits
consideration and public comment as invited in this notice.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. If we establish this proposed viticultural area, its
name, ``Happy Canyon of Santa Barbara,'' will be recognized as a name
of viticultural significance under 27 CFR 4.39(i)(3). The text of the
proposed regulation clarifies this point. Consequently, wine bottlers
using ``Happy Canyon of Santa Barbara'' in a brand name, including a
trademark, or in another label reference as to the origin of the wine,
will have to ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
On the other hand, we do not believe that any single part of the
proposed viticultural area name standing alone, such as ``Happy
Canyon,'' would have viticultural significance if the new area is
established. According to GNIS, the ``Happy Canyon'' refers to 10
locations in 6 States within the United States. TTB believes that a
determination of ``Happy Canyon'' as a term of viticultural
significance would lead to consumer and industry confusion and should
be avoided. Accordingly, the proposed part 9 regulatory text set forth
in this document specifies only the full ``Happy Canyon of Santa
Barbara'' name as a term of viticultural significance for purposes of
part 4 of the TTB regulations.
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 term, and the wine must
meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is
not eligible to use the viticultural area name as an appellation of
origin and that name or other term of viticultural significance appears
in the brand name, then the label is not in compliance and the bottler
must change the brand name and obtain approval of a new label.
Similarly, if the viticultural area name or other term of viticultural
significance appears in another reference on the label in a misleading
manner, the bottler would have to obtain approval of a new label.
Accordingly, if a previously approved label uses the name ``Happy
Canyon of Santa Barbara'' for a wine that does not meet the 85 percent
standard, the previously approved label will be subject to revocation
upon the effective date of the approval of the Happy Canyon of Santa
Barbara viticultural area.
Different rules apply if a wine has a brand name containing a
viticultural area name or other term of viticultural significance that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, climatic, and other required information submitted in
support of the petition. We are also particularly interested in any
comments on whether the evidence regarding name and distinguishing
features is sufficient to warrant the establishment of this new
viticultural area within the existing Santa Ynez Valley and the larger
Central Coast viticultural areas. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Happy Canyon of Santa Barbara viticultural area on wine labels
that include the words ``Happy Canyon of Santa Barbara'' as discussed
above under ``Impact on Current Wine Labels,'' we also are particularly
interested in comments regarding whether there will be a conflict
between the proposed viticulturally significant terms and currently
used brand names. If a commenter believes that a conflict will arise,
the comment should describe the nature of that conflict, including any
anticipated negative economic impact that approval of the proposed
viticultural area will have on an existing viticultural enterprise. We
are also interested in receiving suggestions for ways to avoid
conflicts, for example by adopting a modified or different name for the
viticultural area.
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-
0008 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http:/
/www.regulations.gov. A direct link to that docket is available under
Notice No. 89 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. 89 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.
[[Page 46835]]
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-2008-0008 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. 89. 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.
2. Subpart C is amended by adding Sec. 9.------to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.------ Happy Canyon of Santa Barbara.
(a) Name. The name of the viticultural area described in this
section is ``Happy Canyon of Santa Barbara''. For purposes of part 4 of
this chapter, ``Happy Canyon of Santa Barbara'' is a term of
viticultural significance.
(b) Approved maps. The four United States Geological Survey
1:24,000 scale topographic maps used to determine the boundary of the
Happy Canyon of Santa Barbara viticultural area are titled:
(1) Los Olivos, CA, 1995;
(2) Figueroa Mountain, CA, 1995;
(3) Lake Cachuma, CA, 1995; and
(4) Santa Ynez, CA, 1995.
(c) Boundary. The Happy Canyon of Santa Barbara viticultural area
is located in Santa Barbara County, California. The boundary of the
Happy Canyon of Santa Barbara viticultural area is as described below:
(1) The beginning point is on the Los Olivos map at the
intersection of the Santa Lucia Ranger District diagonal line and
Figueroa Mountain Road, a light-duty road, section 27, T8N, R30W. From
the beginning point, proceed southeast along the Santa Lucia Ranger
District diagonal line, crossing onto the Figueroa Mountain map, and
continuing east to its intersection with the northwest corner of
section 6, T7N, R29W; then
(2) Proceed straight south along the R29W and R30W line, which is a
boundary line of the Los Padres National Forest, to its intersection
with the southwest corner of section 18 that coincides with one of the
two 90-degree, southwest corners of the Los Padres National Forest,
T7N, R29W; then
(3) Proceed east, south, and then east, along the boundary line of
the Los Padres National Forest, to its intersection with the boundary
line of the Ca[ntilde]ada de Los Pinos, or College Rancho Grant, at the
northwest corner of section 28, T7N, R29W; then
(4) Proceed straight south along the boundary line of the
Ca[ntilde]ada de Los Pinos, or College Rancho Grant, crossing onto the
Lake Cachuma map, to its intersection with the 1,074-foot Bitt
elevation point and the Lake Cachuma Recreation Area boundary line,
section 17 east boundary line, T6N, R29W; then
(5) Proceed generally southwest along the Lake Cachuma Recreation
Area boundary line to its intersection with the Santa Ynez River to the
west of Lake Cachuma and Bradbury Dam, T6N, R30W; then
(6) Proceed generally west along the Santa Ynez River, crossing
onto the Santa Ynez map, and continuing to its intersection with
California State Road 154, northwest of BM 533, T6N, R30W; then
(7) Proceed north-northwest in a straight line 1.2 miles to its
intersection with the marked 924-foot elevation point, T6N, R30W; then
(8) Proceed north-northwest in a straight line 1.2 miles to its
intersection with the ``Y'' in an unimproved road 0.1 mile south of the
800-foot elevation line, west of Happy Canyon Road, T6N, R30W; then
(9) Proceed north-northwest in a straight line for 0.5 mile,
crossing onto the Los Olivos map, and continuing to its intersection
with the marked 1,324-foot elevation point, 0.5 mile southwest of Bar G
O Ranch, T7N, R30W; then
(10) Proceed north-northwest in a straight line for 2.5 miles
crossing over the marked 1,432-foot elevation point in section 9, then
continue in a straight line northerly 1.4 miles to its intersection
with the marked 1,721-foot elevation point in section 4, T7N, R30W;
then
(11) Proceed north in a straight line 1.4 miles to its intersection
with the marked 2,334-foot elevation point, west of a meandering
unimproved road and south of Figueroa Mountain Road, T8N, R30W; then
(12) Proceed east-northeast in a straight line, returning to the
beginning point.
Signed: June 9, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8-18536 Filed 8-11-08; 8:45 am]
BILLING CODE 4810-31-P
