Expansion of the Santa Maria Valley Viticultural Area, 81846-81849 [2010-32873]
Download as PDF
<![CDATA[
81846
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations
§ 418.3335 What types of unearned income
do we count?
*
*
*
*
*
(b) For claims filed before January 1,
2010, and redeterminations that are
effective before January 1, 2010, we also
count in-kind support and maintenance
as unearned income. In-kind support
and maintenance is any food and shelter
given to you or that you receive because
someone else pays for it.
§ 418.3345
[Removed]
5. Remove § 418.3345.
■ 6. Revise § 418.3350 to read as
follows:
■
§ 418.3350 What types of unearned income
do we not count?
(a) For claims filed on or after January
1, 2010 and redeterminations that are
effective on or after January 1, 2010, we
do not count as income in-kind support
and maintenance.
(b) While we must know the source
and amount of all of your unearned
income, we do not count all of it to
determine your eligibility for the
subsidy. We apply to your unearned
income the exclusions in § 418.3350(c)
in the order listed. However, we do not
reduce your unearned income below
zero, and we do not apply any unused
unearned income exclusion to earned
income except for the $20 per month
exclusion described in § 416.1124(c)(12)
of this chapter. For purposes of
determining eligibility for a subsidy and
whether you should receive a full or
partial subsidy, we treat the $20 per
month exclusion as a $240 per year
exclusion.
(c) We do not count as income the
unearned income described in
§ 416.1124(b) and (c) of this chapter,
except for paragraph (c)(13).
(d) We do not count as income any
dividends or interest earned on
resources you or your spouse owns.
■ 7. Amend § 418.3405 to revise
paragraph (a) to read as follows:
srobinson on DSKHWCL6B1PROD with RULES
§ 418.3405
count?
What types of resources do we
(a) We count liquid resources. Liquid
resources are cash, financial accounts,
and other financial instruments that can
be converted to cash within 20
workdays, excluding certain nonworkdays as explained in § 416.120(d)
of this chapter. Examples of resources
that are ordinarily liquid include:
stocks, bonds, mutual fund shares,
promissory notes, mortgages, life
insurance policies (for claims filed
before January 1, 2010, and
redeterminations that are effective
before January 1, 2010), financial
institution accounts (including savings,
VerDate Mar<15>2010
18:32 Dec 28, 2010
Jkt 223001
checking, and time deposits, also known
as certificates of deposit), retirement
accounts (such as individual retirement
accounts or 401(k) accounts), revocable
trusts, funds in an irrevocable trust if
the trust beneficiary can direct the use
of the funds, and similar items. We will
presume that these types of resources
can be converted to cash within 20
workdays and are countable as
resources for subsidy determinations.
However, if you establish that a
particular resource cannot be converted
to cash within 20 workdays, we will not
count it as a resource.
*
*
*
*
*
■ 8. Amend § 418.3425 to revise
paragraph (f) to read as follows:
§ 418.3425 What resources do we exclude
from counting?
*
*
*
*
*
(f) For claims filed on or after January
1, 2010, and redeterminations that are
effective on or after January 1, 2010, life
insurance owned by an individual (and
spouse, if any).
*
*
*
*
*
[FR Doc. 2010–32848 Filed 12–28–10; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2010–0001; T.D. TTB–88;
Re: Notice No. 103]
RIN 1513–AB31
Expansion of the Santa Maria Valley
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
This Treasury decision
expands 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.
DATES: Effective Date: January 28, 2011.
FOR FURTHER INFORMATION CONTACT:
Elisabeth C. Kann, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street,
NW., Washington, DC 20220; telephone
202–453–2002.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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 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;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations
• 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
srobinson on DSKHWCL6B1PROD with RULES
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 at 46 FR
39811 (August 5, 1981), establishing the
Santa Maria Valley viticultural area (27
CFR 9.28) on 97,483 acres in southern
San Luis Obispo and northern Santa
Barbara counties, largely within the
Central Coast viticultural area (27 CFR
9.75). A small portion of the existing
Santa Maria Valley viticultural area lies
outside of the Central Coast area’s
boundary within the Los Padres
National Forest where no grape-growing
takes place. 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
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
original viticultural area. The petition
also documented significant commercial
viticulture to the south of the original
southern boundary line. TTB returned
the March 2006 petition to expand the
Santa Maria Valley viticultural area
with a letter urging the petitioner to
delete the western expansion portion,
about which sufficient evidence was not
presented.
Ms. Schorske then submitted the
current petition, which requests only a
southern expansion (consisting of
18,790 acres) of the original Santa Maria
Valley viticultural area. The expansion
VerDate Mar<15>2010
18:32 Dec 28, 2010
Jkt 223001
area lies in northern Santa Barbara
County, according to the boundary
description and USGS maps, and is
entirely within the Central Coast
viticultural area. The 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
southern expansion of the Santa Maria
Valley viticultural area 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 original southern boundary line
of the Santa Maria Valley viticultural
area follows Foxen Canyon Road and
Clark Avenue, at Sisquoc, for 4.2 miles
inside the southern perimeter of the
Santa Maria River watershed, according
to the current boundary description and
USGS maps. On the south side of the
Santa Maria Valley watershed, the
creeks drain northward to lower
elevations, through the valley, and into
the Santa Maria River, as shown on
USGS maps. Computer-generated
watershed maps show that the
expansion of the southern boundary line
conforms to the Santa Maria River
watershed, according to the petition.
The boundary line of the southern
expansion of the Santa Maria Valley
viticultural area, going clockwise, starts
at the southeast corner of the current
viticultural area boundary and travels in
a straight line west-northwest, over the
Solomon Hills to its intersection with
U.S. Route 101, according to the
boundary description and USGS maps.
Following U.S. 101, the boundary line
continues north to Clark Avenue in
Orcutt, rejoining the original boundary
line of the Santa Maria Valley
viticultural area.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
81847
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 about 4 miles into the
southeast portion of the original Santa
Maria Valley viticultural area.
According to USGS maps, the original
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
and fertile, and range in texture from
sandy loam to clay loam. The
prevailing, cooling, marine-influenced
ocean winds are also important to the
viticultural area.
Current Petition to Expand the Santa
Maria Valley Viticultural Area
Terrain: The petition states that the
geography of the southern expansion of
the Santa Maria Valley viticultural area
is similar to that inside the original
southern boundary line. The valley lies
along an east-southeast axis, and is
about 16 miles long within the existing
viticultural area and the expansion area
(‘‘Locations of Weather Stations and
Selected Vineyards and Wineries,’’ map,
undated). In the southern expansion
area, gently rolling hills give way to a
more rugged terrain of canyons and
steep slopes, as shown on USGS maps.
Elevations in the southern expansion
area vary between around 440 feet near
Sisquoc to 1,360 feet at the southeast
corner of the original Santa Maria Valley
viticultural area, and are similar to those
in areas on or surrounding the Santa
Maria Valley floor.
The petition includes the table below,
which shows the elevations of
commercial vineyards in the southern
portion of the original Santa Maria
Valley viticultural area and in the
southern expansion area. Elevations of
vineyards within the southern portion
of the original Santa Maria Valley
E:\FR\FM\29DER1.SGM
29DER1
81848
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations
viticultural area range from 600 to 950
feet; likewise, those of vineyards in the
southern expansion area range from 600
to 930 feet.
Vineyard
srobinson on DSKHWCL6B1PROD with RULES
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 .............................................................................
Climate: The petition explains that
the Santa Maria Valley has a ‘‘maritime
fringe’’ climate (‘‘The Climate of
Southern California,’’ 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,
according to the petition.
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 are consistent
throughout the gentle west-to-east rise
in elevations in 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 southern expansion
extends to the Solomon Hills, where the
cooling wind and fog encounter
resistance, according to the petition.
The petition includes a map that
shows the broad, westerly opening
between these mountains and hills and
how they funnel 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 original Santa Maria Valley
viticultural area and one within the
expansion area. Both stations are
VerDate Mar<15>2010
18:32 Dec 28, 2010
Approximate
elevation in
feet
Location
Jkt 223001
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
Within
the
the
the
the
the
the
the
the
the
the
the
the
the
the
AVA ......................................................................................
AVA ......................................................................................
AVA ......................................................................................
AVA ......................................................................................
AVA ......................................................................................
AVA ......................................................................................
proposed expansion ............................................................
proposed expansion ............................................................
proposed expansion ............................................................
proposed expansion ............................................................
proposed expansion ............................................................
proposed expansion ............................................................
proposed expansion .............................................................
proposed expansion ............................................................
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 original
viticultural area and in the expansion
area were both just below 3,000 growing
degree days.
As a measurement of heat
accumulation during the growing
season, 1 growing degree day
accumulates for each degree Fahrenheit
that a day’s mean temperature is above
50 degrees, the minimum temperature
required for grapevine growth (‘‘General
Viticulture,’’ Albert J. Winkler,
University of California Press, 1975,
pages 61–64).
Soils: According to the petition, the
original Santa Maria Valley viticultural
area consists of a wide variety of soils,
without a single dominant type. The
petition provides a table listing the soil
map units in the original Santa Maria
Valley viticultural area and in the
expansion area. The table is divided
into four general areas. Three areas are
within the original 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
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, the soils
in the expansion area are also found in
the original Santa Maria Valley
viticultural area. In both the expansion
area and on hills in the original
viticultural area, the soils are sand,
sandy loam, clay loam, and shaly clay
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
650
700
750–800
950
600–750
720
760–840
640–840
720–800
600
700
800–900
650–930
750–880
loam, but are mostly loam and shaly
loam.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 103
regarding the proposed expansion of the
Santa Maria Valley viticultural area in
the Federal Register at 75 FR 9827
(March 4, 2010). In that notice, TTB
invited comments by May 3, 2010, from
all interested persons. We solicited
comments from interested members of
the public on whether we should
expand the Santa Maria Valley
viticultural area as described above. We
expressed particular interest in
receiving 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.
We received two comments in
response to the notice, both supporting
the expansion of the Santa Maria Valley
viticultural area. An agricultural
property appraiser supports the
expansion and states the boundaries are
reasonably defined by geographic
features. A Farm Advisor employed
with the Cooperative Extension-San
Luis Obispo County, University of
California, Agriculture and Natural
Resources, supports the expansion
based on similarities in temperature
conditions within the existing Santa
Maria Valley viticultural area and the
expansion area. The Advisor included
temperature data, an aerial picture of
the area, and a 2008 and 2009 overview
of the average growing degree days for
E:\FR\FM\29DER1.SGM
29DER1
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations
the Santa Maria Valley viticultural area
that includes the expansion area.
regulatory flexibility analysis is
required.
TTB Finding
After careful review of the petition
and the comments received, TTB finds
that the evidence submitted supports
the expansion of the Santa Maria Valley
viticultural area. Accordingly, under the
authority of the Federal Alcohol
Administration Act and part 4 of our
regulations, we expand the Santa Maria
Valley American viticultural area in
Santa Barbara and San Luis Obispo
Counties, California, effective 30 days
from the publication date of this
document.
Executive Order 12866
This rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, it
requires no regulatory assessment.
Boundary Description
See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this document.
srobinson on DSKHWCL6B1PROD with RULES
For the reasons discussed in the
preamble, we amend title 27 CFR,
chapter 1, part 9, as follows:
■
PART 9—AMERICAN VITICULTURAL
AREAS
Authority: 27 U.S.C. 205.
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
Jkt 223001
The Regulatory Amendment
1. The authority citation for part 9
continues to read as follows:
Impact on Current Wine Labels
The expansion of the Santa Maria
Valley viticultural area will not affect
currently approved wine labels. The
approval of this 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.
18:32 Dec 28, 2010
List of Subjects in 27 CFR Part 9
Wine.
■
Maps
The maps for determining the
boundary of the viticultural area are
listed below in the regulatory text.
VerDate Mar<15>2010
Drafting Information
N.A. Sutton of the Regulations and
Rulings Division drafted this notice.
Subpart C—Approved American
Viticultural Areas
2. Section 9.28 is revised to read as
follows:
■
§ 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 of the Santa
Maria Valley viticultural area is as
follows:
(1) Begin on the Orcutt quadrangle
map at the intersection of U.S. Route
101 and Clark Avenue, section 18 north
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
81849
boundary line, T9N/R33W, then
proceed generally north along U.S.
Route 101 approximately 10 miles onto
the Santa Maria quadrangle map to U.S.
Route 101’s 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 State Route
166’s 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 3,016-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 and a marked
1,116-foot elevation point, T8N/R32W;
then
(6) Proceed west-northwest in a
straight line approximately 6 miles onto
the Sisquoc quadrangle map to the
southeast corner of section 4, T8N/
R32W; then
(7) Proceed west-northwest in a
straight line approximately 6.2 miles,
crossing over the Solomon Hills, to the
line’s 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: August 24, 2010.
John J. Manfreda,
Administrator.
Approved: September 21, 2010.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2010–32873 Filed 12–28–10; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF JUSTICE
28 CFR Part 72
[Docket No. OAG 117; AG Order No. 3239–
2010]
RIN 1105–AB22
Office of the Attorney General;
Applicability of the Sex Offender
Registration and Notification Act
Department of Justice.
Final rule.
AGENCY:
ACTION:
E:\FR\FM\29DER1.SGM
29DER1
]]>Agencies
[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Rules and Regulations]
[Pages 81846-81849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32873]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2010-0001; T.D. TTB-88; Re: Notice No. 103]
RIN 1513-AB31
Expansion of the Santa Maria Valley Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision expands 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.
DATES: Effective Date: January 28, 2011.
FOR FURTHER INFORMATION CONTACT: Elisabeth C. Kann, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street, NW., Washington, DC 20220; telephone 202-453-2002.
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;
[[Page 81847]]
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 at 46 FR 39811 (August 5, 1981), establishing the Santa Maria
Valley viticultural area (27 CFR 9.28) on 97,483 acres in southern San
Luis Obispo and northern Santa Barbara counties, largely within the
Central Coast viticultural area (27 CFR 9.75). A small portion of the
existing Santa Maria Valley viticultural area lies outside of the
Central Coast area's boundary within the Los Padres National Forest
where no grape-growing takes place. 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 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 original viticultural area. The petition
also documented significant commercial viticulture to the south of the
original southern boundary line. TTB returned the March 2006 petition
to expand the Santa Maria Valley viticultural area with a letter urging
the petitioner to delete the western expansion portion, about which
sufficient evidence was not presented.
Ms. Schorske then submitted the current petition, which requests
only a southern expansion (consisting of 18,790 acres) of the original
Santa Maria Valley viticultural area. The expansion area lies in
northern Santa Barbara County, according to the boundary description
and USGS maps, and is entirely within the Central Coast viticultural
area. The 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 southern expansion of the
Santa Maria Valley viticultural area 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 original southern boundary line of the Santa Maria Valley
viticultural area follows Foxen Canyon Road and Clark Avenue, at
Sisquoc, for 4.2 miles inside the southern perimeter of the Santa Maria
River watershed, according to the current boundary description and USGS
maps. On the south side of the Santa Maria Valley watershed, the creeks
drain northward to lower elevations, through the valley, and into the
Santa Maria River, as shown on USGS maps. Computer-generated watershed
maps show that the expansion of the southern boundary line conforms to
the Santa Maria River watershed, according to the petition.
The boundary line of the southern expansion of the Santa Maria
Valley viticultural area, going clockwise, starts at the southeast
corner of the current viticultural area boundary and travels in a
straight line west-northwest, over the Solomon Hills to its
intersection with U.S. Route 101, according to the boundary description
and USGS maps. Following U.S. 101, the boundary line continues north to
Clark Avenue in Orcutt, rejoining the original 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
about 4 miles into the southeast portion of the original Santa Maria
Valley viticultural area. According to USGS maps, the original 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 and fertile, and range
in texture from sandy loam to clay loam. The prevailing, cooling,
marine-influenced ocean winds are also important to the viticultural
area.
Current Petition to Expand the Santa Maria Valley Viticultural Area
Terrain: The petition states that the geography of the southern
expansion of the Santa Maria Valley viticultural area is similar to
that inside the original southern boundary line. The valley lies along
an east-southeast axis, and is about 16 miles long within the existing
viticultural area and the expansion area (``Locations of Weather
Stations and Selected Vineyards and Wineries,'' map, undated). In the
southern expansion area, gently rolling hills give way to a more rugged
terrain of canyons and steep slopes, as shown on USGS maps. Elevations
in the southern expansion area vary between around 440 feet near
Sisquoc to 1,360 feet at the southeast corner of the original Santa
Maria Valley viticultural area, and are similar to those in areas on or
surrounding the Santa Maria Valley floor.
The petition includes the table below, which shows the elevations
of commercial vineyards in the southern portion of the original Santa
Maria Valley viticultural area and in the southern expansion area.
Elevations of vineyards within the southern portion of the original
Santa Maria Valley
[[Page 81848]]
viticultural area range from 600 to 950 feet; likewise, those of
vineyards in the 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,''
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,
according to the petition.
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 are consistent throughout the gentle west-to-east rise in
elevations in 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 southern expansion extends to the Solomon Hills,
where the cooling wind and fog encounter resistance, according to the
petition.
The petition includes a map that shows the broad, westerly opening
between these mountains and hills and how they funnel 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 original Santa Maria Valley viticultural area and one within
the 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 original viticultural area
and in the expansion area were both just below 3,000 growing degree
days.
As a measurement of heat accumulation during the growing season, 1
growing degree day accumulates for each degree Fahrenheit that a day's
mean temperature is above 50 degrees, the minimum temperature required
for grapevine growth (``General Viticulture,'' Albert J. Winkler,
University of California Press, 1975, pages 61-64).
Soils: According to the petition, the original Santa Maria Valley
viticultural area consists of a wide variety of soils, without a single
dominant type. The petition provides a table listing the soil map units
in the original Santa Maria Valley viticultural area and in the
expansion area. The table is divided into four general areas. Three
areas are within the original 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 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, the soils in the expansion
area are also found in the original Santa Maria Valley viticultural
area. In both the expansion area and on hills in the original
viticultural area, the soils are sand, sandy loam, clay loam, and shaly
clay loam, but are mostly loam and shaly loam.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 103 regarding the proposed expansion of
the Santa Maria Valley viticultural area in the Federal Register at 75
FR 9827 (March 4, 2010). In that notice, TTB invited comments by May 3,
2010, from all interested persons. We solicited comments from
interested members of the public on whether we should expand the Santa
Maria Valley viticultural area as described above. We expressed
particular interest in receiving 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.
We received two comments in response to the notice, both supporting
the expansion of the Santa Maria Valley viticultural area. An
agricultural property appraiser supports the expansion and states the
boundaries are reasonably defined by geographic features. A Farm
Advisor employed with the Cooperative Extension-San Luis Obispo County,
University of California, Agriculture and Natural Resources, supports
the expansion based on similarities in temperature conditions within
the existing Santa Maria Valley viticultural area and the expansion
area. The Advisor included temperature data, an aerial picture of the
area, and a 2008 and 2009 overview of the average growing degree days
for
[[Page 81849]]
the Santa Maria Valley viticultural area that includes the expansion
area.
TTB Finding
After careful review of the petition and the comments received, TTB
finds that the evidence submitted supports the expansion of the Santa
Maria Valley viticultural area. Accordingly, under the authority of the
Federal Alcohol Administration Act and part 4 of our regulations, we
expand the Santa Maria Valley American viticultural area in Santa
Barbara and San Luis Obispo Counties, 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
The expansion of the Santa Maria Valley viticultural area will not
affect currently approved wine labels. The approval of this 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.
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
N.A. Sutton 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 1, 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. 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
of the Santa Maria Valley viticultural area is as follows:
(1) Begin 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 U.S. Route 101's
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 State Route 166's 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 3,016-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 and a marked 1,116-foot elevation point,
T8N/R32W; then
(6) Proceed west-northwest in a straight line approximately 6 miles
onto the Sisquoc quadrangle map to the southeast corner of section 4,
T8N/R32W; then
(7) Proceed west-northwest in a straight line approximately 6.2
miles, crossing over the Solomon Hills, to the line's 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: August 24, 2010.
John J. Manfreda,
Administrator.
Approved: September 21, 2010.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2010-32873 Filed 12-28-10; 8:45 am]
BILLING CODE 4810-31-P
