Proposed Expansion of the Santa Maria Valley Viticultural Area (2008R-287P), 9827-9831 [2010-4569]
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules
16. Amend § 416.1002 by adding a
definition of ‘‘Compassionate
allowance’’ in alphabetical order to read
as follows:
§ 416.1002
Definitions.
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Compassionate allowance means a
determination or decision we make
under a process that identifies for
expedited handling claims that involve
impairments that invariably qualify
under the Listing of Impairments in
appendix 1 to subpart P of part 404 of
this chapter based on minimal, but
sufficient, objective medical evidence.
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17. Amend § 416.1015 by revising
paragraph (c) introductory text,
removing the word ‘‘or’’ at the end of
paragraph (c)(2), redesignating
paragraph (c)(3) as paragraph (c)(4), and
adding a new paragraph (c)(3) to read as
follows:
§ 416.1015 Making disability
determinations.
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(c) Disability determinations will be
made by:
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(3) A State agency disability examiner
alone if you are not a child (a person
who has not attained age 18), and the
claim is adjudicated under the quick
disability determination process (see
§ 416.1019) or as a compassionate
allowance (see § 416.1002), and the
initial or reconsidered determination is
fully favorable to you. This paragraph
will no longer be effective on [INSERT
DATE THREE YEARS AFTER
EFFECTIVE DATE OF FINAL RULES]
unless we terminate it earlier or extend
it beyond that date by notice of a final
rule in the Federal Register; or
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18. Amend § 416.1019 by revising
paragraphs (b) introductory text, (b)(1),
(b)(2), and (c) to read as follows:
§ 416.1019
process.
Quick disability determination
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(b) If we refer a claim to the State
agency for a quick disability
determination, a designated quick
disability determination examiner must
do all of the following:
(1) Subject to the provisions in
paragraph (c) of this section, make the
disability determination after consulting
with a State agency medical or
psychological consultant if the State
agency disability examiner determines
consultation is appropriate or if
consultation is required under
§ 416.926(c). The State agency may
certify the disability determination
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9827
[Docket No. TTB–2010–0001; Notice No.
103]
Trade Bureau, 1310 G Street, NW., Suite
200–E, Washington, DC 20005.
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–2010–0001. A
direct link to this docket is posted on
the TTB Web site at https://www.ttb.gov/
wine/wine_rulemaking.shtml under
Notice No. 103. You also may view
copies of this notice, all related
petitions, maps or other supporting
materials, and any comments we receive
about this proposal by appointment at
the TTB Information Resource Center,
1310 G Street, NW., Washington, DC
20220. Please call 202–453–2270 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:
RIN 1513–AB31
Background on Viticultural Areas
forms to us without the signature of the
medical or psychological consultant.
(2) Make the quick disability
determination based only on the
medical and nonmedical evidence in
the file.
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(c) If the quick disability
determination examiner cannot make a
determination that is fully favorable to
the individual, or if there is an
unresolved disagreement between the
disability examiner and the medical or
psychological consultant (except when a
disability examiner makes the
determination alone under
§ 416.1015(c)(3)), the State agency will
adjudicate the claim using the regularly
applicable procedures in this subpart.
[FR Doc. 2010–4283 Filed 3–3–10; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
Proposed Expansion of the Santa
Maria Valley Viticultural Area (2008R–
287P)
AGENCY: Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to expand
the Santa Maria Valley viticultural area
in Santa Barbara and San Luis Obispo
Counties, California, by 18,790 acres.
We designate viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. We invite comments on this
proposed change to our regulations.
DATES: We must receive your comments
on or before May 3, 2010.
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–2010–
0001 at ‘‘Regulations.gov,’’ the Federal
e-rulemaking portal);
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412,
Washington, DC 20044–4412; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
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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
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allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographic origin. The establishment of
viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Petitioners may use the same procedure
to request changes involving existing
viticultural areas. Section 9.3(b) of the
TTB regulations requires the petition to
include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
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.
Santa Maria Valley Expansion Petition
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Background
On August 5, 1981, the Bureau of
Alcohol, Tobacco, and Firearms (ATF),
our predecessor agency, published T.D.
ATF–89 in the Federal Register (46 FR
39811), establishing the Santa Maria
Valley viticultural area (27 CFR 9.28).
TTB notes that the Santa Maria Valley
viticultural area lies entirely within the
Central Coast viticultural area (27 CFR
9.75) and covers 97,483 acres in
southern San Luis Obispo County and
northern Santa Barbara County,
California. In the Geographical Evidence
section, T.D. ATF–89 stated that
prevailing ocean winds blow west to
east, into and through the Santa Maria
Valley. The winds create a climate
where air temperatures are
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comparatively cooler in summer and
winter, but warmer in fall, than the
surrounding areas.
In March 2006, Sara Schorske of
Compliance Service of America, Inc., on
behalf of a group of local winery and
vineyard owners, submitted a petition
proposing an expansion of the southern
and western boundaries of the current
Santa Maria Valley viticultural area. The
petition presented evidence and
documentation in recognition of the
geographical name of the proposed
southern expansion area and in support
of the similarities of its climate, soils,
terrain, and watershed with those of the
current viticultural area. The petition
also documented significant commercial
viticulture to the south of the current
southern boundary line. However, TTB
returned the March 2006 petition to
expand the Santa Maria Valley
viticultural area with a letter
recommending that the petitioner delete
the western expansion portion, about
which sufficient justification was not
presented.
Ms. Schorske then submitted the
current petition, under consideration in
this notice, which requests only a
southern expansion (consisting of
18,700 acres) of the existing Santa Maria
Valley viticultural area. The proposed
expansion area lies in northern Santa
Barbara County, according to the written
boundary description and
accompanying USGS maps, and also is
within the Central Coast viticultural
area. The proposed expansion area
includes 9 vineyards, 255 acres of
commercial viticulture, and 60 to 200
acres under viticultural development,
according to the petition.
Name Evidence
The current petition explains that the
original petition supporting the
establishment of the Santa Maria Valley
viticultural area in 1981 documented
the ‘‘Santa Maria Valley’’ name for the
geographical area. Hence, T.D. ATF–89,
in establishing the Santa Maria Valley
viticultural area, determined that the
most appropriate name for the
geographical area was Santa Maria
Valley.
The current petition states that the
proposed southern expansion of the
Santa Maria Valley viticultural area
generally follows the watershed
boundary line between the Santa Maria
Valley to the north and the Los Alamos
Valley to the south. The current petition
relies on the Santa Maria River
watershed for name recognition of the
expansion area.
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Boundary Evidence
The current southern boundary line of
the Santa Maria Valley viticultural area
follows Foxen Canyon Road and Clark
Avenue, at Sisquoc, 4.2 miles inside the
southern perimeter of the Santa Maria
River watershed, according to the
current written boundary description
and the accompanying USGS maps. On
the south side of the Santa Maria Valley
watershed, the creeks drain northward
to lower elevations, through the valley,
into the Santa Maria River, as shown on
the USGS Foxen Canyon, Sisquoc, and
Orcutt maps. Computer-generated
watershed maps show that the proposed
expansion of the southern boundary line
conforms to the Santa Maria River
watershed, according to the petition.
The boundary line of the proposed
southern expansion of the Santa Maria
Valley viticultural area, going
clockwise, starts at the southeast corner
of the current viticultural area boundary
and travels generally in a straight line
west-northwest over the Solomon Hills
to its intersection with U.S. Route 101,
according to the written boundary
description and accompanying USGS
maps. Following U.S. 101, the proposed
boundary line continues north to Clark
Avenue in Orcutt, rejoining the current
boundary line of the Santa Maria Valley
viticultural area.
Distinguishing Features
Santa Maria Valley Viticultural Area as
Established by T.D. ATF–89
TTB notes that in establishing the
Santa Maria Valley viticultural area,
T.D. ATF–89 cited terrain, soils, and
climate as distinguishing features.
Terrain: According to T.D. ATF–89,
the boundary line of the Santa Maria
Valley viticultural area surrounds the
Santa Maria Valley floor, adjacent
canyons, and sloping terraces.
Elevations vary from a low of 200 feet
at the Santa Maria River to a high of
3,200 feet at Tepusquet Peak. As shown
on the USGS Foxen Canyon map, a
westward projection of the San Rafael
Mountains, peaking at 1,801 feet in
elevation, extends approximately 4
miles into the southeast portion of the
current Santa Maria Valley viticultural
area. According to the USGS maps, the
current southern boundary line varies
from 600 to 1,000 feet in elevation.
Vineyards within the original
viticultural area were planted between
elevations of 300 feet on the valley floor
and 800 feet on the slopes of the rolling
hillsides.
Soils and Climate: According to T.D.
ATF–89, the soils of the Santa Maria
Valley viticultural area are well drained,
fertile, and range in texture from sandy
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loam to clay loam. Of climatic
importance to the viticultural area, as
compared to the surrounding regions,
are the prevailing, cooling, marineinfluenced ocean winds.
Current Petition To Expand the Santa
Maria Valley Viticultural Area
Terrain: The petition states that the
geography of the proposed southern
expansion of the Santa Maria Valley
viticultural area is similar to that inside
the current southern boundary line. The
valley lies generally along an eastsoutheast axis, and is approximately 16
miles long within the existing
viticultural area and the proposed
expansion area, as shown on ‘‘Locations
of Weather Stations and Selected
Vineyards and Wineries’’ (map,
undated), which the petitioner created
and submitted with the petition. In the
southern expansion area, gently rolling
hills give way to a more rugged terrain
of canyons and steep slopes, as shown
on the USGS Foxen Canyon and Sisquoc
maps. Elevations in the southern
expansion area vary between
approximately 440 feet near Sisquoc to
1,360 feet at the southeast corner of the
current Santa Maria Valley viticultural
area, and are comparable to those in
Vineyard
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Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
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Within
Within
Within
Climate: The petition explains that
the Santa Maria Valley has a ‘‘maritime
fringe’’ climate (‘‘The Climate of
Southern California,’’ by Harry P. Bailey,
University of California Press, 1966).
The maritime fringe climate derives
from the Pacific Ocean, causing foggy
and windy conditions in the Santa
Maria Valley. In contrast, some other
inland, high-elevation areas nearby have
either less or no marine influence.
The petition states that during the
summer growing season, the marine air
moves onshore, passing through lowelevation passes in the Coast Range,
inland to the Santa Maria Valley. (T.D.
ATF–89 describes the Santa Maria
Valley as a ‘‘natural funnel-shaped’’
valley.) Temperatures remain consistent
throughout the gentle west-to-east rise
in elevations of the Santa Maria Valley.
The petition states that the cooling wind
and fog encounter little resistance in
any direction until they meet the Sierra
Madre Mountains on the north side of
the valley and the Solomon Hills on the
south side, where the valley terminates.
The boundary of the proposed southern
expansion extends to the Solomon Hills,
where the petition asserts that the
cooling wind and fog encounter
resistance.
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16:36 Mar 03, 2010
areas on or surrounding the Santa Maria
Valley floor.
The petition includes a table, shown
below, with the elevations of
commercial vineyards in the southern
portion of the current Santa Maria
Valley viticultural area and in the
proposed southern expansion area.
Elevations of vineyards within the
southern portion of the current Santa
Maria Valley viticultural area range
from 600 to 950 feet; similarly, those of
vineyards in the proposed southern
expansion area range from 600 to 930
feet.
Approximate
elevation in
feet
Location
Rancho Ontiveros ......................................
Solomon Hills .............................................
Good Child .................................................
Riverbench .................................................
Rancho Sisquoc .........................................
Foxen .........................................................
Addamo Estate ..........................................
Solomon Hills .............................................
Casa Torres ...............................................
Le Bon Climate ..........................................
Lucas Lewellan ..........................................
Foxen .........................................................
Rancho Real ..............................................
Murphy .......................................................
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AVA ..............................................................................................................
AVA ..............................................................................................................
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proposed expansion ....................................................................................
proposed expansion ....................................................................................
proposed expansion ....................................................................................
proposed expansion ....................................................................................
proposed expansion ....................................................................................
proposed expansion ....................................................................................
proposed expansion ....................................................................................
The petition includes a map that
shows the broad, westerly opening
between these mountains and hills and
how they would funnel the cooling
wind and fog in an east-southeast
direction, into the valley. T.D. ATF–89
states that ‘‘* * * the prevailing winds
from the ocean [cause] the valley to
have a generally cooler summer, warmer
fall, and cooler winter than surrounding
areas.’’
The current petition provides data
from two weather stations, one within
the established Santa Maria Valley
viticultural area and one within the
proposed expansion area. Both stations
are nestled along foothills, slightly
above the valley floor. A graph in the
petition presents heat accumulation
data recorded in 2004 at the two
stations.
The graph shows that growing season
totals for 2004 in the current viticultural
area and in the proposed expansion area
were both just less than 3,000 degree
days. (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,
the minimum temperature required for
grapevine growth. See pages 61–64 of
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650
700
750–800
950
600–750
720
760–840
640–840
720–800
600
700
800–900
650–930
750–880
‘‘General Viticulture,’’ Albert J. Winkler,
University of California Press, 1975.)
Soils: According to the petition, the
current Santa Maria Valley viticultural
area consists of a wide variety of soils
without a single dominant soil type. The
petition provides a table listing the soil
map units in the current Santa Maria
Valley viticultural area and in the
proposed expansion area. The table is
divided into four general areas. Three
areas are within the current Santa Maria
Valley viticultural area: (1) Valley floor,
(2) hills (the Solomon Hills), and (3)
mountains (the foothills of the Sierra
Madre Mountains, northeast of the
Santa Maria River). The fourth is the
proposed southern expansion area.
As shown in the table, the soils are
mainly sand, sandy loam, and loam on
the valley floor, but are mixed sandy
loam, clay loam, shaly loam, and silt
loam on mountains. However, without
exception, the soils that are in the
proposed expansion area are also in the
existing Santa Maria Valley viticultural
area. In both the proposed expansion
area and on hills in the current
viticultural area, the soils are sand,
sandy loam, clay loam, and shaly clay
loam, but are mostly loam and shaly
loam.
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TTB Determination
TTB concludes that the petition to
expand the Santa Maria Valley
American viticultural area merits
consideration and public comment, as
invited in this notice.
Boundary Description
See the narrative boundary
description incorporating the
petitioned-for viticultural area
expansion in the proposed regulatory
text amendments published at the end
of this notice.
Maps
The petitioner provided the required
maps, and we list them below in the
proposed regulatory text amendment.
Impact on Current Wine Labels
The proposed expansion of the Santa
Maria Valley viticultural area will not
affect currently approved wine labels.
The approval of this proposed
expansion may allow additional
vintners to use ‘‘Santa Maria Valley’’ as
an appellation of origin on their wine
labels. Part 4 of the TTB regulations
prohibits any label reference on a wine
that indicates or implies an origin other
than the wine’s true place of origin. For
a wine to be labeled with a viticultural
area name or with a brand name that
includes a viticultural area name or
other term identified as 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). Different rules apply
if a wine has a brand name containing
a viticultural area name or other
viticulturally significant term that was
used as a brand name on a label
approved before July 7, 1986. See 27
CFR 4.39(i)(2) for details.
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Public Participation
Comments Invited
We invite comments from interested
members of the public on whether we
should expand the Santa Maria Valley
viticultural area as described above. We
are especially interested in comments
concerning the similarity of the
proposed expansion area to the current
Santa Maria Valley viticultural area, the
geographical features that distinguish
the viticultural features of the proposed
expansion area from the area beyond it
to the south, and the use of the Santa
Maria River watershed to justify the
proposed expansion of the southern
boundary line. Please support your
comments with specific information
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about the proposed expansion area’s
name, proposed boundaries, or
distinguishing features.
Submitting Comments
You may submit comments on this
notice by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
in Docket No. TTB–2010–0001 on
‘‘Regulations.gov,’’ the Federal
e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 103 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.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street, NW., Suite 200–E, Washington,
DC 20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 103 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 https://
www.regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the comment form. If you
comment via mail, please submit your
entity’s comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
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that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
On the Federal e-rulemaking portal,
Regulations.gov, we will post, and you
may view, copies of this notice, selected
supporting materials, and any electronic
or mailed comments we receive about
this proposal. A direct link to the
Regulations.gov docket containing this
notice and the posted comments
received on it is available on the TTB
Web site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 103. You may also reach the docket
containing this notice and the posted
comments received on it through the
Regulations.gov search page at https://
www.regulations.gov.
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 202–453–2270 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.
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List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend 27 CFR,
chapter I, part 9, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Section 9.28 is revised to read as
follows:
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§ 9.28
Santa Maria Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘Santa
Maria Valley’’. For purposes of part 4 of
this chapter, ‘‘Santa Maria Valley’’ is a
term of viticultural significance.
(b) Approved maps. The six United
States Geological Survey maps used to
determine the boundary of the Santa
Maria Valley viticultural area are titled:
(1) Orcutt Quadrangle, CaliforniaSanta Barbara Co., 7.5 minute series,
1959, photorevised 1967 and 1974,
photoinspected 1978;
(2) Santa Maria Quadrangle,
California, 7.5 minute series, 1959,
photorevised 1982;
(3) ‘‘San Luis Obispo’’, N.I. 10–3,
series V 502, scale 1: 250,000;
(4) ‘‘Santa Maria’’, N.I. 10–6, 9, series
V 502, scale 1: 250,000;
(5) Foxen Canyon Quadrangle,
California-Santa Barbara Co., 7.5-minute
series, 1995; and
(6) Sisquoc Quadrangle, CaliforniaSanta Barbara Co., 7.5 minute series,
1959, photoinspected 1974.
(c) Boundary. The Santa Maria Valley
viticultural area is located in Santa
Barbara and San Luis Obispo Counties,
California. The boundary is as follows:
(1) The point of beginning is on the
Orcutt quadrangle map at the
intersection of U.S. Route 101 and Clark
Avenue, section 18 north boundary line,
T9N/R33W, then proceed generally
north along U.S. Route 101
approximately 10 miles onto the Santa
Maria quadrangle map to its intersection
with State Route 166 (east), T10N/
R34W; then
(2) Proceed generally northeast along
State Route 166 (east) onto the San Luis
Obispo N.I. 10–3 map to its intersection
with the section line southwest of
Chimney Canyon, T11N/R32W; then
(3) Proceed south in a straight line
onto the Santa Maria N.I. 10–6 map to
VerDate Nov<24>2008
16:36 Mar 03, 2010
Jkt 220001
the 3,015-foot summit of Los Coches
Mountain; then
(4) Proceed southeast in a straight line
onto the Foxen Canyon quadrangle map
to the 2,822-foot summit of Bone
Mountain, T9N/R32W; then
(5) Proceed south-southwest in a
straight line approximately 6 miles to
the line’s intersection with secondary
highways Foxen Canyon Road and
Alisos Canyon Road, T8N/R32W; then
(6) Proceed west-northwest in a
straight line approximately 6 miles onto
the Sisquoc quadrangle map to the Gato
Ridge Oil Field and the section 4
southeast corner, T8N/R32W; then
(7) Proceed west-northwest in a
straight line approximately 6.2 miles,
crossing over the Solomon Hills, to its
intersection with U.S. Route 101 and a
private, unnamed light-duty road that
meanders east into the Cat Canyon Oil
Field, T9N/R33W; then
(8) Proceed north 3.75 miles along
U.S. Route 101 onto the Orcutt
quadrangle map and return to the point
of beginning.
Signed: February 5, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010–4569 Filed 3–3–10; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2010–0002; Notice No.
104]
RIN 1513–AB65
Proposed Renaming of the YamhillCarlton District Viticultural Area
(2008R–305P)
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 rename
the established Yamhill-Carlton District
viticultural area located in Yamhill and
Washington Counties, Oregon, as the
‘‘Yamhill-Carlton’’ viticultural area. The
size and boundary description of the
renamed viticultural area would remain
the same. 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.
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
9831
DATES: We must receive written
comments on or before May 3, 2010.
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–2010–
0002 at ‘‘Regulations.gov,’’ the Federal erulemaking portal);
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412,
Washington, DC 20044–4412; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street, NW., Suite
200–E, Washington, DC 20005.
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–2010–0002. A
link to that docket is posted on the TTB
Web site at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 104. You also may view copies of
this notice, all related petitions, maps,
or other supporting materials, and any
comments we receive about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street, NW., Washington, DC 20220.
Please call 202–453–2270 to make an
appointment.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, CA 94952; phone 415–
271–1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
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
E:\FR\FM\04MRP1.SGM
04MRP1
]]>Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Proposed Rules]
[Pages 9827-9831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4569]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2010-0001; Notice No. 103]
RIN 1513-AB31
Proposed Expansion of the Santa Maria Valley Viticultural Area
(2008R-287P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
expand the Santa Maria Valley viticultural area in Santa Barbara and
San Luis Obispo Counties, California, by 18,790 acres. We designate
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase. We invite comments on this proposed change to our
regulations.
DATES: We must receive your comments on or before May 3, 2010.
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-2010-0001 at
``Regulations.gov,'' the Federal e-rulemaking portal);
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC
20005.
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-2010-0001. A direct link to
this docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 103. You also may view copies
of this notice, all related petitions, maps or other supporting
materials, and any comments we receive about this proposal by
appointment at the TTB Information Resource Center, 1310 G Street, NW.,
Washington, DC 20220. Please call 202-453-2270 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
[[Page 9828]]
allow vintners and consumers to attribute a given quality, reputation,
or other characteristic of a wine made from grapes grown in an area to
its geographic origin. The establishment of viticultural areas allows
vintners to describe more accurately the origin of their wines to
consumers and helps consumers to identify wines they may purchase.
Establishment of a viticultural area is neither an approval nor an
endorsement by TTB of the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Petitioners may use the same procedure to
request changes involving existing viticultural areas. Section 9.3(b)
of the TTB regulations requires the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the 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.
Santa Maria Valley Expansion Petition
Background
On August 5, 1981, the Bureau of Alcohol, Tobacco, and Firearms
(ATF), our predecessor agency, published T.D. ATF-89 in the Federal
Register (46 FR 39811), establishing the Santa Maria Valley
viticultural area (27 CFR 9.28). TTB notes that the Santa Maria Valley
viticultural area lies entirely within the Central Coast viticultural
area (27 CFR 9.75) and covers 97,483 acres in southern San Luis Obispo
County and northern Santa Barbara County, California. In the
Geographical Evidence section, T.D. ATF-89 stated that prevailing ocean
winds blow west to east, into and through the Santa Maria Valley. The
winds create a climate where air temperatures are comparatively cooler
in summer and winter, but warmer in fall, than the surrounding areas.
In March 2006, Sara Schorske of Compliance Service of America,
Inc., on behalf of a group of local winery and vineyard owners,
submitted a petition proposing an expansion of the southern and western
boundaries of the current Santa Maria Valley viticultural area. The
petition presented evidence and documentation in recognition of the
geographical name of the proposed southern expansion area and in
support of the similarities of its climate, soils, terrain, and
watershed with those of the current viticultural area. The petition
also documented significant commercial viticulture to the south of the
current southern boundary line. However, TTB returned the March 2006
petition to expand the Santa Maria Valley viticultural area with a
letter recommending that the petitioner delete the western expansion
portion, about which sufficient justification was not presented.
Ms. Schorske then submitted the current petition, under
consideration in this notice, which requests only a southern expansion
(consisting of 18,700 acres) of the existing Santa Maria Valley
viticultural area. The proposed expansion area lies in northern Santa
Barbara County, according to the written boundary description and
accompanying USGS maps, and also is within the Central Coast
viticultural area. The proposed expansion area includes 9 vineyards,
255 acres of commercial viticulture, and 60 to 200 acres under
viticultural development, according to the petition.
Name Evidence
The current petition explains that the original petition supporting
the establishment of the Santa Maria Valley viticultural area in 1981
documented the ``Santa Maria Valley'' name for the geographical area.
Hence, T.D. ATF-89, in establishing the Santa Maria Valley viticultural
area, determined that the most appropriate name for the geographical
area was Santa Maria Valley.
The current petition states that the proposed southern expansion of
the Santa Maria Valley viticultural area generally follows the
watershed boundary line between the Santa Maria Valley to the north and
the Los Alamos Valley to the south. The current petition relies on the
Santa Maria River watershed for name recognition of the expansion area.
Boundary Evidence
The current southern boundary line of the Santa Maria Valley
viticultural area follows Foxen Canyon Road and Clark Avenue, at
Sisquoc, 4.2 miles inside the southern perimeter of the Santa Maria
River watershed, according to the current written boundary description
and the accompanying USGS maps. On the south side of the Santa Maria
Valley watershed, the creeks drain northward to lower elevations,
through the valley, into the Santa Maria River, as shown on the USGS
Foxen Canyon, Sisquoc, and Orcutt maps. Computer-generated watershed
maps show that the proposed expansion of the southern boundary line
conforms to the Santa Maria River watershed, according to the petition.
The boundary line of the proposed southern expansion of the Santa
Maria Valley viticultural area, going clockwise, starts at the
southeast corner of the current viticultural area boundary and travels
generally in a straight line west-northwest over the Solomon Hills to
its intersection with U.S. Route 101, according to the written boundary
description and accompanying USGS maps. Following U.S. 101, the
proposed boundary line continues north to Clark Avenue in Orcutt,
rejoining the current boundary line of the Santa Maria Valley
viticultural area.
Distinguishing Features
Santa Maria Valley Viticultural Area as Established by T.D. ATF-89
TTB notes that in establishing the Santa Maria Valley viticultural
area, T.D. ATF-89 cited terrain, soils, and climate as distinguishing
features.
Terrain: According to T.D. ATF-89, the boundary line of the Santa
Maria Valley viticultural area surrounds the Santa Maria Valley floor,
adjacent canyons, and sloping terraces. Elevations vary from a low of
200 feet at the Santa Maria River to a high of 3,200 feet at Tepusquet
Peak. As shown on the USGS Foxen Canyon map, a westward projection of
the San Rafael Mountains, peaking at 1,801 feet in elevation, extends
approximately 4 miles into the southeast portion of the current Santa
Maria Valley viticultural area. According to the USGS maps, the current
southern boundary line varies from 600 to 1,000 feet in elevation.
Vineyards within the original viticultural area were planted between
elevations of 300 feet on the valley floor and 800 feet on the slopes
of the rolling hillsides.
Soils and Climate: According to T.D. ATF-89, the soils of the Santa
Maria Valley viticultural area are well drained, fertile, and range in
texture from sandy
[[Page 9829]]
loam to clay loam. Of climatic importance to the viticultural area, as
compared to the surrounding regions, are the prevailing, cooling,
marine-influenced ocean winds.
Current Petition To Expand the Santa Maria Valley Viticultural Area
Terrain: The petition states that the geography of the proposed
southern expansion of the Santa Maria Valley viticultural area is
similar to that inside the current southern boundary line. The valley
lies generally along an east-southeast axis, and is approximately 16
miles long within the existing viticultural area and the proposed
expansion area, as shown on ``Locations of Weather Stations and
Selected Vineyards and Wineries'' (map, undated), which the petitioner
created and submitted with the petition. In the southern expansion
area, gently rolling hills give way to a more rugged terrain of canyons
and steep slopes, as shown on the USGS Foxen Canyon and Sisquoc maps.
Elevations in the southern expansion area vary between approximately
440 feet near Sisquoc to 1,360 feet at the southeast corner of the
current Santa Maria Valley viticultural area, and are comparable to
those in areas on or surrounding the Santa Maria Valley floor.
The petition includes a table, shown below, with the elevations of
commercial vineyards in the southern portion of the current Santa Maria
Valley viticultural area and in the proposed southern expansion area.
Elevations of vineyards within the southern portion of the current
Santa Maria Valley viticultural area range from 600 to 950 feet;
similarly, those of vineyards in the proposed southern expansion area
range from 600 to 930 feet.
------------------------------------------------------------------------
Approximate
Vineyard Location elevation in
feet
------------------------------------------------------------------------
Rancho Ontiveros................ Within the AVA.......... 650
Solomon Hills................... Within the AVA.......... 700
Good Child...................... Within the AVA.......... 750-800
Riverbench...................... Within the AVA.......... 950
Rancho Sisquoc.................. Within the AVA.......... 600-750
Foxen........................... Within the AVA.......... 720
Addamo Estate................... Within the proposed 760-840
expansion.
Solomon Hills................... Within the proposed 640-840
expansion.
Casa Torres..................... Within the proposed 720-800
expansion.
Le Bon Climate.................. Within the proposed 600
expansion.
Lucas Lewellan.................. Within the proposed 700
expansion.
Foxen........................... Within the proposed 800-900
expansion.
Rancho Real..................... Within the proposed 650-930
expansion.
Murphy.......................... Within the proposed 750-880
expansion.
------------------------------------------------------------------------
Climate: The petition explains that the Santa Maria Valley has a
``maritime fringe'' climate (``The Climate of Southern California,'' by
Harry P. Bailey, University of California Press, 1966). The maritime
fringe climate derives from the Pacific Ocean, causing foggy and windy
conditions in the Santa Maria Valley. In contrast, some other inland,
high-elevation areas nearby have either less or no marine influence.
The petition states that during the summer growing season, the
marine air moves onshore, passing through low-elevation passes in the
Coast Range, inland to the Santa Maria Valley. (T.D. ATF-89 describes
the Santa Maria Valley as a ``natural funnel-shaped'' valley.)
Temperatures remain consistent throughout the gentle west-to-east rise
in elevations of the Santa Maria Valley. The petition states that the
cooling wind and fog encounter little resistance in any direction until
they meet the Sierra Madre Mountains on the north side of the valley
and the Solomon Hills on the south side, where the valley terminates.
The boundary of the proposed southern expansion extends to the Solomon
Hills, where the petition asserts that the cooling wind and fog
encounter resistance.
The petition includes a map that shows the broad, westerly opening
between these mountains and hills and how they would funnel the cooling
wind and fog in an east-southeast direction, into the valley. T.D. ATF-
89 states that ``* * * the prevailing winds from the ocean [cause] the
valley to have a generally cooler summer, warmer fall, and cooler
winter than surrounding areas.''
The current petition provides data from two weather stations, one
within the established Santa Maria Valley viticultural area and one
within the proposed expansion area. Both stations are nestled along
foothills, slightly above the valley floor. A graph in the petition
presents heat accumulation data recorded in 2004 at the two stations.
The graph shows that growing season totals for 2004 in the current
viticultural area and in the proposed expansion area were both just
less than 3,000 degree days. (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, the
minimum temperature required for grapevine growth. See pages 61-64 of
``General Viticulture,'' Albert J. Winkler, University of California
Press, 1975.)
Soils: According to the petition, the current Santa Maria Valley
viticultural area consists of a wide variety of soils without a single
dominant soil type. The petition provides a table listing the soil map
units in the current Santa Maria Valley viticultural area and in the
proposed expansion area. The table is divided into four general areas.
Three areas are within the current Santa Maria Valley viticultural
area: (1) Valley floor, (2) hills (the Solomon Hills), and (3)
mountains (the foothills of the Sierra Madre Mountains, northeast of
the Santa Maria River). The fourth is the proposed southern expansion
area.
As shown in the table, the soils are mainly sand, sandy loam, and
loam on the valley floor, but are mixed sandy loam, clay loam, shaly
loam, and silt loam on mountains. However, without exception, the soils
that are in the proposed expansion area are also in the existing Santa
Maria Valley viticultural area. In both the proposed expansion area and
on hills in the current viticultural area, the soils are sand, sandy
loam, clay loam, and shaly clay loam, but are mostly loam and shaly
loam.
[[Page 9830]]
TTB Determination
TTB concludes that the petition to expand the Santa Maria Valley
American viticultural area merits consideration and public comment, as
invited in this notice.
Boundary Description
See the narrative boundary description incorporating the
petitioned-for viticultural area expansion in the proposed regulatory
text amendments published at the end of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text amendment.
Impact on Current Wine Labels
The proposed expansion of the Santa Maria Valley viticultural area
will not affect currently approved wine labels. The approval of this
proposed expansion may allow additional vintners to use ``Santa Maria
Valley'' as an appellation of origin on their wine labels. Part 4 of
the TTB regulations prohibits any label reference on a wine that
indicates or implies an origin other than the wine's true place of
origin. For a wine to be labeled with a viticultural area name or with
a brand name that includes a viticultural area name or other term
identified as 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). Different rules apply if a wine has a brand name containing
a viticultural area name or other viticulturally significant term that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should expand the Santa Maria Valley viticultural area as described
above. We are especially interested in comments concerning the
similarity of the proposed expansion area to the current Santa Maria
Valley viticultural area, the geographical features that distinguish
the viticultural features of the proposed expansion area from the area
beyond it to the south, and the use of the Santa Maria River watershed
to justify the proposed expansion of the southern boundary line. Please
support your comments with specific information about the proposed
expansion area's name, proposed boundaries, or distinguishing features.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice in Docket No. TTB-2010-0001
on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 103 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.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street, NW., Suite 200-E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 103 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 https://www.regulations.gov, please enter the entity's name in the
``Organization'' blank of the comment form. If you comment via mail,
please submit your entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, Regulations.gov, we will post,
and you may view, copies of this notice, selected supporting materials,
and any electronic or mailed comments we receive about this proposal. A
direct link to the Regulations.gov docket containing this notice and
the posted comments received on it is available on the TTB Web site at
https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 103.
You may also reach the docket containing this notice and the posted
comments received on it through the Regulations.gov search page at
https://www.regulations.gov.
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-
453-2270 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.
[[Page 9831]]
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend 27
CFR, chapter I, part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
2. Section 9.28 is revised to read as follows:
Sec. 9.28 Santa Maria Valley.
(a) Name. The name of the viticultural area described in this
section is ``Santa Maria Valley''. For purposes of part 4 of this
chapter, ``Santa Maria Valley'' is a term of viticultural significance.
(b) Approved maps. The six United States Geological Survey maps
used to determine the boundary of the Santa Maria Valley viticultural
area are titled:
(1) Orcutt Quadrangle, California-Santa Barbara Co., 7.5 minute
series, 1959, photorevised 1967 and 1974, photoinspected 1978;
(2) Santa Maria Quadrangle, California, 7.5 minute series, 1959,
photorevised 1982;
(3) ``San Luis Obispo'', N.I. 10-3, series V 502, scale 1: 250,000;
(4) ``Santa Maria'', N.I. 10-6, 9, series V 502, scale 1: 250,000;
(5) Foxen Canyon Quadrangle, California-Santa Barbara Co., 7.5-
minute series, 1995; and
(6) Sisquoc Quadrangle, California-Santa Barbara Co., 7.5 minute
series, 1959, photoinspected 1974.
(c) Boundary. The Santa Maria Valley viticultural area is located
in Santa Barbara and San Luis Obispo Counties, California. The boundary
is as follows:
(1) The point of beginning is on the Orcutt quadrangle map at the
intersection of U.S. Route 101 and Clark Avenue, section 18 north
boundary line, T9N/R33W, then proceed generally north along U.S. Route
101 approximately 10 miles onto the Santa Maria quadrangle map to its
intersection with State Route 166 (east), T10N/R34W; then
(2) Proceed generally northeast along State Route 166 (east) onto
the San Luis Obispo N.I. 10-3 map to its intersection with the section
line southwest of Chimney Canyon, T11N/R32W; then
(3) Proceed south in a straight line onto the Santa Maria N.I. 10-6
map to the 3,015-foot summit of Los Coches Mountain; then
(4) Proceed southeast in a straight line onto the Foxen Canyon
quadrangle map to the 2,822-foot summit of Bone Mountain, T9N/R32W;
then
(5) Proceed south-southwest in a straight line approximately 6
miles to the line's intersection with secondary highways Foxen Canyon
Road and Alisos Canyon Road, T8N/R32W; then
(6) Proceed west-northwest in a straight line approximately 6 miles
onto the Sisquoc quadrangle map to the Gato Ridge Oil Field and the
section 4 southeast corner, T8N/R32W; then
(7) Proceed west-northwest in a straight line approximately 6.2
miles, crossing over the Solomon Hills, to its intersection with U.S.
Route 101 and a private, unnamed light-duty road that meanders east
into the Cat Canyon Oil Field, T9N/R33W; then
(8) Proceed north 3.75 miles along U.S. Route 101 onto the Orcutt
quadrangle map and return to the point of beginning.
Signed: February 5, 2010.
John J. Manfreda,
Administrator.
[FR Doc. 2010-4569 Filed 3-3-10; 8:45 am]
BILLING CODE 4810-31-P
