Establishment of the Happy Canyon of Santa Barbara Viticultural Area (2007R-311P), 51772-51777 [E9-24329]
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Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations
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BILLING CODE 4910–22–P
DEPARTMENT OF THE TREASURY
27 CFR Part 9
[Docket No. TTB–2008–0008; T.D. TTB–82;
Re: Notice No. 89]
RIN 1513–AB52
Establishment of the Happy Canyon of
Santa Barbara Viticultural Area
(2007R–311P)
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AGENCY: Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
SUMMARY: This Treasury decision
establishes the 23,941-acre ‘‘Happy
Canyon of Santa Barbara’’ American
viticultural area in Santa Barbara
County, California. This viticultural 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.
Effective Date: November 9,
2009.
FOR FURTHER INFORMATION CONTACT:
Brady Groscost, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G St. NW., Room
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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
Alcohol and Tobacco Tax and Trade
Bureau
DATES:
200E, Washington, DC 20220; phone
202–927–8210.
SUPPLEMENTARY INFORMATION:
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
geographical 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.
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;
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• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical 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. The proposed
viticultural area 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 stated 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 USGS
Geographical Names Information
System (GNIS) includes 10 hits for
‘‘Happy Canyon,’’ 3 of which are in
California. The petitioner originally
proposed ‘‘Happy Canyon’’ as the name
of the 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
petitioned-for viticultural area to
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‘‘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-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
points to skirt the steep foothills west of
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
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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
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,
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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
grazing land, 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, 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://
wwwcimis.water.ca.gov/cimis/
welcome.jsp), respectively. The
petitioner used those data in creating
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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
2004
In Happy Canyon ..............................................................
North—Los Alamos ...........................................................
East—Figueroa Mountain .................................................
South—Santa Barbara ......................................................
West—Ballard Canyon ......................................................
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 westto-east. As the elevation of the Santa
Ynez Valley rises from west to east, the
hills and mountains turn from a westeast direction to a generally north-south
direction. The proposed viticultural
area, located inland, lies along
mountains and hills with a north-south
orientation.
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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
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2005
3,414
3,250
3,872
2,795
3,300
3,187
2,700
3,721
2,537
2,950
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 the
current soil survey shows that 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, because of the amount of
positively charged ions in the soils,
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.
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Overall
average
2006
3,419
3,200
3,965
2,721
3,250
3,340
3,050
3,853
2,684
3,167
Percent cooler
or warmer than
Happy Canyon
Same.
9% cooler.
15% warmer.
20% cooler.
5% cooler.
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.
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51775
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
Sodium
Total CEC in
meq/100g
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
34.4
23.1
60.0
0.72
2.0
32.0
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.
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 ................................................................................................
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.
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Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 89
regarding the proposed Happy Canyon
of Santa Barbara viticultural area in the
Federal Register (73 FR 46830) on
August 12, 2008. In that notice, TTB
invited comments by October 14, 2008,
from all interested persons. We
expressed particular interest in
receiving comments on whether the
evidence regarding name and
distinguishing features is sufficient to
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warrant the establishment of this new
viticultural area within the existing
Santa Ynez Valley and the larger Central
Coast viticultural areas. We also
solicited comments on the sufficiency
and accuracy of the name, boundary,
climatic, and other required information
submitted in support of the petition. We
received seven comments from
individuals in response to that notice,
and all supported the establishment of
the Happy Canyon of Santa Barbara
viticultural area as originally proposed.
TTB Finding
As stated above, the proposed
viticultural area 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
Central Coast viticultural area,
established by T.D. ATF–216 published
in the Federal Register on October 24,
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25/17
22/15
13/9
11/8
11/8
2 to 9 percent.
15 to 45 percent.
9 to 15 percent.
30 to 45 percent.
9 to 15 percent.
1985 (50 FR 43128), identified an area
between the Pacific Ocean and the
California Coastal Ranges as being under
marine influence on climate. T.D. ATF–
216 stated that the marine influence
caused precipitation, heat summation,
maximum high temperatures, minimum
low temperatures, length of frost free
season, wind, marine fog incursion, and
relative humidity to be significantly
different from those on the opposite side
of the Coastal Ranges, which is typically
arid or semiarid. It also recognized the
existence of microclimates within this
relatively large AVA. The Santa Ynez
Valley viticultural area, established by
T.D. ATF–132 published in the Federal
Register on April 15, 1983 (48 FR
16250), was recognized as having a cool
Region II climate on the Winkler system,
citing the average degree days in
Solvang in the center of the valley, and
also that summertime temperatures
increase going west to east. T.D. ATF–
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132 also identifies rainfall average of 16
inches, fog, and three major soils
associations (Positas-Ballard-Santa
Ynez, Chamise-Arnold-Crow Hill, and
Shedd Santa Lucia-Diablo) as being
distinguishing geographical features.
Although the proposed Happy Canyon
of Santa Barbara viticultural area shares
some of the characteristics of the Central
Coast and Santa Ynez Valley viticultural
areas, its location furthest inland and
near a north-south mountain ridge
blocking some of the marine influence
and its unique soil characteristic of high
CEC justify recognition of Happy
Canyon of Santa Barbara as a distinct
viticultural area within the two existing
AVAs.
Accordingly, after careful review of
the petition and the comments received,
TTB finds that the evidence submitted
supports the establishment of the
proposed viticultural area. Therefore,
under the authority of the Federal
Alcohol Administration Act and part 4
of our regulations, we establish the
‘‘Happy Canyon of Santa Barbara’’
viticultural area in Santa Barbara
County, California, effective 30 days
from the publication date of this
document.
Boundary Description
See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this document.
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Maps
The maps for determining the
boundary of the viticultural area are
listed below in the 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. With the
establishment of this viticultural area
and its inclusion in part 9 of the TTB
regulations, its name, ‘‘Happy Canyon of
Santa Barbara,’’ is recognized under 27
CFR 4.39(i)(3) as a name of viticultural
significance. The text of the new
regulation clarifies this point.
Once this final rule becomes effective,
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 full name as an appellation of
origin.
For a wine to be labeled with a
viticultural area name or with a brand
name that includes a viticultural area
name or other term identified as being
viticulturally significant in part 9 of the
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TTB regulations, 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). If the wine is not
eligible for labeling with the viticultural
area name or other viticulturally
significant term and that name or term
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 viticulturally significant term
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 establishment 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.
Regulatory Flexibility Act
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is 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 rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, it
requires no regulatory assessment.
Drafting Information
Brady Groscost of the Regulations and
Rulings Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, we amend title 27 CFR,
chapter I, part 9, as follows:
■
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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. Subpart C is amended by adding
§ 9.217 to read as follows:
■
§ 9.217
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 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
E:\FR\FM\08OCR1.SGM
08OCR1
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations
(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 the marked
924-foot elevation point, T6N, R30W;
then
(8) Proceed north-northwest in a
straight line 1.2 miles to 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
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 the marked
1,721-foot elevation point in section 4,
T7N, R30W; then
(11) Proceed north in a straight line
1.4 miles to 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: April 27, 2009.
John J. Manfreda,
Administrator.
Approved: June 11, 2009.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
Editorial Note: This document was
received in the Office of the Federal Register
on October 5, 2009.
[FR Doc. E9–24329 Filed 10–7–09; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
srobinson on DSKHWCL6B1PROD with RULES
Office of the Secretary
31 CFR Part 1
Privacy Act; Implementation
AGENCY: Office of the Secretary,
Treasury.
ACTION: Final rule.
VerDate Nov<24>2008
16:37 Oct 07, 2009
Jkt 220001
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
as amended, the Department of the
Treasury exempts a new Internal
Revenue Service (IRS) system of records
entitled ‘‘Treasury/IRS 50.222—Tax
Exempt/Government Entities (TE/GE)
Case Management Records’’ from certain
provisions of the Privacy Act.
DATES: Effective Date: October 8, 2009.
FOR FURTHER INFORMATION CONTACT:
Telephonic inquiries should be directed
to Marianne Davis, Program Analyst,
Internal Revenue Service, TE/GE
Division, at telephone number (949)
389–4304. Written inquiries should be
directed to Robert Brenneman, TE/GE
Reporting and Electronic Examination
System (TREES) Project Manager, at
Internal Revenue Service, TE/GE
Business Systems Planning (SE:T:BSP),
1111 Constitution Avenue, NW., Attn:
PE–6M4, Washington, DC 20224.
SUPPLEMENTARY INFORMATION: The
Department of the Treasury published a
notice of proposed rule on December 7,
2005 (Volume 70, No. 234), pages
72739–72740, exempting the new
system of records from certain
provisions of the Privacy Act of 1974, as
amended. The IRS published the
proposed system notice in its entirety
on December 7, 2005 (Volume 70,
Number 234), pages 72876–72878.
Under 5 U.S.C. 552a(k)(2), the head of
an agency may promulgate rules to
exempt any system of records within the
agency from certain provisions of the
Privacy Act if the system contains
investigatory material compiled for law
enforcement purposes. Treasury/IRS
52.222—Tax Exempt/Government
Entities (TE/GE) Case Management
Records contains investigatory material
compiled for law enforcement purposes.
The proposed rule requested that
public comments be sent the Office of
Governmental Liaison and Disclosure,
1111 Constitution Avenue, NW.,
Washington, DC 20224, no later than
January 6, 2006.
The IRS received one comment on the
proposed rule and the system of records
notice urging the IRS: (1) not to exempt
the system of records from requirements
that its information be relevant and
necessary for its purpose; and, (2) to
limit the scope of its exemptions from
the Privacy act requirements to provide
access and correction rights to
individuals.
After consideration, the IRS
determined that the public comment did
not present any new information that
would be a basis for changes being made
to the proposed rule or system of
records notice because: (1) Relevance
and necessity can only be established
PO 00000
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Fmt 4700
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51777
with certainty after the information is
evaluated; and, (2) the access
provisions, as written, are consistent
with the language and intent of the
Privacy Act, comport with the Treasury
regulation language for (k)(2), and
explain that the release of information
to the individual covered by the system
would provide the individual or entity
subject to investigation with significant
information concerning the nature of the
investigation and could result in
altering or destruction of documentary
evidence, the improper influencing of
witnesses, and other activities that
could impede or compromise the
investigation. Accordingly, the
Department of the Treasury is hereby
giving notice that the system of records
entitled ‘‘Treasury/IRS 50.222—Tax
Exempt/Government Entities (TE/GE)
Case Management Records’’ is exempt
from certain provisions of the Privacy
Act.
The provisions of the Privacy Act
from which the system of records is
exempt pursuant to 5 U.S.C. 552a(k)(2)
are as follows: 552a(c)(3), (d)(1), (2), (3)
and (4), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) because the system
contains investigatory material
compiled for law enforcement purposes.
The following are the reasons why
this system of records maintained by the
IRS is exempt pursuant to 5 U.S.C.
552a(k)(2) of the Privacy Act of 1974.
(1) 5 U.S.C. 552a(c)(3). This provision
of the Privacy Act provides for the
release of the disclosure accounting
required by 5 U.S.C. 552a(c)(1) and (2)
to the individual named in the record at
his/her request. The reasons for
exempting this system of records from
the foregoing provision are:
(i) The release of disclosure
accounting would put the tax exempt or
government entity subject to
investigation or individuals connected
with those entities on notice that an
investigation exists and that such
person is the subject of that
investigation.
(ii) Such release would provide the
subject of an investigation with an
accurate accounting of the date, nature,
and purpose of each disclosure and the
name and address of the person or
agency to which disclosure was made.
The release of such information to the
individual covered by the system would
provide the individual or entity subject
to investigation with significant
information concerning the nature of the
investigation and could result in the
altering or destruction of documentary
evidence, the improper influencing of
witnesses, and other activities that
could impede or compromise the
investigation.
E:\FR\FM\08OCR1.SGM
08OCR1
]]>Agencies
[Federal Register Volume 74, Number 194 (Thursday, October 8, 2009)]
[Rules and Regulations]
[Pages 51772-51777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24329]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2008-0008; T.D. TTB-82; Re: Notice No. 89]
RIN 1513-AB52
Establishment of the Happy Canyon of Santa Barbara Viticultural
Area (2007R-311P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision establishes the 23,941-acre ``Happy
Canyon of Santa Barbara'' American viticultural area in Santa Barbara
County, California. This viticultural 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.
DATES: Effective Date: November 9, 2009.
FOR FURTHER INFORMATION CONTACT: Brady Groscost, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St.
NW., Room 200E, Washington, DC 20220; phone 202-927-8210.
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 geographical 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. 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 geographical 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.
The proposed viticultural area 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 stated 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 USGS Geographical Names
Information System (GNIS) includes 10 hits for ``Happy Canyon,'' 3 of
which are in California. The petitioner originally proposed ``Happy
Canyon'' as the name of the 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 petitioned-for viticultural area to
[[Page 51773]]
``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 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 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 grazing land, 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, 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://wwwcimis.water.ca.gov/cimis/welcome.jsp), respectively. The petitioner
used those data in creating
[[Page 51774]]
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 the current soil survey shows that 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, because of the amount of positively
charged ions in the soils, 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.
[[Page 51775]]
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 Sodium Total CEC in
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 (1 mile southwest 34.4 60.0 2.0 12.5
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 11/8 9 to 15 percent.
sandy loam.
------------------------------------------------------------------------
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.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 89 regarding the proposed Happy Canyon of
Santa Barbara viticultural area in the Federal Register (73 FR 46830)
on August 12, 2008. In that notice, TTB invited comments by October 14,
2008, from all interested persons. We expressed particular interest in
receiving 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. We also solicited comments
on the sufficiency and accuracy of the name, boundary, climatic, and
other required information submitted in support of the petition. We
received seven comments from individuals in response to that notice,
and all supported the establishment of the Happy Canyon of Santa
Barbara viticultural area as originally proposed.
TTB Finding
As stated above, the proposed viticultural area 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 Central Coast viticultural area, established by T.D.
ATF-216 published in the Federal Register on October 24, 1985 (50 FR
43128), identified an area between the Pacific Ocean and the California
Coastal Ranges as being under marine influence on climate. T.D. ATF-216
stated that the marine influence caused precipitation, heat summation,
maximum high temperatures, minimum low temperatures, length of frost
free season, wind, marine fog incursion, and relative humidity to be
significantly different from those on the opposite side of the Coastal
Ranges, which is typically arid or semiarid. It also recognized the
existence of microclimates within this relatively large AVA. The Santa
Ynez Valley viticultural area, established by T.D. ATF-132 published in
the Federal Register on April 15, 1983 (48 FR 16250), was recognized as
having a cool Region II climate on the Winkler system, citing the
average degree days in Solvang in the center of the valley, and also
that summertime temperatures increase going west to east. T.D. ATF-
[[Page 51776]]
132 also identifies rainfall average of 16 inches, fog, and three major
soils associations (Positas-Ballard-Santa Ynez, Chamise-Arnold-Crow
Hill, and Shedd Santa Lucia-Diablo) as being distinguishing
geographical features. Although the proposed Happy Canyon of Santa
Barbara viticultural area shares some of the characteristics of the
Central Coast and Santa Ynez Valley viticultural areas, its location
furthest inland and near a north-south mountain ridge blocking some of
the marine influence and its unique soil characteristic of high CEC
justify recognition of Happy Canyon of Santa Barbara as a distinct
viticultural area within the two existing AVAs.
Accordingly, after careful review of the petition and the comments
received, TTB finds that the evidence submitted supports the
establishment of the proposed viticultural area. Therefore, under the
authority of the Federal Alcohol Administration Act and part 4 of our
regulations, we establish the ``Happy Canyon of Santa Barbara''
viticultural area in Santa Barbara County, California, effective 30
days from the publication date of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this document.
Maps
The maps for determining the boundary of the viticultural area are
listed below in the 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. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Happy
Canyon of Santa Barbara,'' is recognized under 27 CFR 4.39(i)(3) as a
name of viticultural significance. The text of the new regulation
clarifies this point.
Once this final rule becomes effective, 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 full
name as an appellation of origin.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
identified as being viticulturally significant in part 9 of the TTB
regulations, 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). If the wine is not eligible for labeling with the
viticultural area name or other viticulturally significant term and
that name or term 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 viticulturally significant term 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 establishment 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.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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 rule is not a significant regulatory action as defined by
Executive Order 12866. Therefore, it requires no regulatory assessment.
Drafting Information
Brady Groscost of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend title 27 CFR,
chapter I, part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.217 to read as follows:
Sec. 9.217 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
[[Page 51777]]
(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 the
marked 924-foot elevation point, T6N, R30W; then
(8) Proceed north-northwest in a straight line 1.2 miles to 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 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 the marked 1,721-
foot elevation point in section 4, T7N, R30W; then
(11) Proceed north in a straight line 1.4 miles to 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: April 27, 2009.
John J. Manfreda,
Administrator.
Approved: June 11, 2009.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
Editorial Note: This document was received in the Office of the
Federal Register on October 5, 2009.
[FR Doc. E9-24329 Filed 10-7-09; 8:45 am]
BILLING CODE 4810-31-P
