Proposed Establishment of the Los Olivos District Viticultural Area, 11355-11361 [2015-04253]
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Dated: February 24, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2015–04299 Filed 3–2–15; 8:45 am]
BILLING CODE 3510–01–P
viticultural area and the larger,
multicounty Central Coast viticultural
area. TTB designates viticultural areas
to allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on this proposed addition to its
regulations.
Comments must be received by
May 4, 2015.
ADDRESSES: Please send your comments
on this document to one of the
following addresses:
• Internet: https://www.regulations.gov
(via the online comment form for this
document as posted within Docket No.
TTB–2015–0004 at ‘‘Regulations.gov,’’
the Federal e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005; 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 document for specific instructions
and requirements for submitting
comments, and for information on how
to request a public hearing or view or
request copies of the petition and
supporting materials.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
DATES:
Background on Viticultural Areas
TTB Authority
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2015–0004; Notice No.
148]
RIN 1513–AC11
Proposed Establishment of the Los
Olivos District Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 22,820-acre
‘‘Los Olivos District’’ viticultural area in
Santa Barbara County, California. The
proposed viticultural area lies entirely
within the Santa Ynez Valley
SUMMARY:
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Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (Revised),
dated December 10, 2013, to the TTB
Administrator to perform the functions
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and duties in the administration and
enforcement of this law.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to define
viticultural areas and sets out
requirements for 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) sets
forth standards for the preparation and
submission to TTB of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
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 having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established 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 the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA 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 (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes the standards for petitions
requesting the establishment or
modification of AVAs. Petitions to
establish an AVA must include the
following:
• Evidence that the region within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed viticultural AVA;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
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proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
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Los Olivos District Petition
TTB received a petition from C.
Frederic Brander, owner and winemaker
of the Brander Vineyard, proposing the
establishment of the approximately
22,820-acre ‘‘Los Olivos District’’ AVA
in Santa Barbara County, California.
There are 12 bonded wineries and
approximately 47 commercially
producing vineyards covering a total of
1,120 acres within the proposed AVA.
According to the petition, the
distinguishing features of the proposed
Los Olivos District AVA include its
topography, soils, and climate. Unless
otherwise noted, all information and
data pertaining to the proposed AVA
contained in this document are from the
petition for the proposed Los Olivos
District AVA and its supporting
exhibits.
The proposed Los Olivos District
AVA includes the towns of Los Olivos,
Solvang, Ballard, and Santa Ynez. The
proposed AVA lies entirely within the
Santa Ynez Valley AVA (27 CFR 9.54),
which, in turn, lies within the larger,
multicounty Central Coast AVA (27 CFR
9.75). The proposed Los Olivos District
AVA shares its western boundary with
the eastern boundary of the Ballard
Canyon AVA (27 CFR 9.230) and its
eastern boundary with the western
boundary of the Happy Canyon of Santa
Barbara AVA (27 CR 9.217), but it does
not overlap either of these AVAs.
Name Evidence
In the late 1800s, Alden March Boyd
purchased land in Santa Barbara County
and planted a 5,000-tree olive grove he
named ‘‘Rancho Los Olivos.’’ The
community that grew up nearby took
the name ‘‘Los Olivos,’’ after Boyd’s
ranch. The proposed Los Olivos District
AVA takes its name from the ranch and
the town, both of which are located
within the boundaries of the proposed
AVA. The town and the ranch appear on
the USGS Los Olivos quadrangle map.
The town of Los Olivos also appears on
a road map of Santa Barbara County,
published by the American Automobile
Association, which was included with
the petition.
Name evidence for the proposed AVA
is supported by the fact that several
businesses use the moniker ‘‘Los
Olivos’’ in their names, including the
Los Olivos Grand Hotel, the Gallery Los
´
Olivos, the Los Olivos Cafe, and the Los
Olivos Grocery. Additionally, several
public institutions that serve residents
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within the proposed AVA use the name
‘‘Los Olivos,’’ including the Los Olivos
Library, the Los Olivos Post Office, and
the Los Olivos Elementary School.
Boundary Evidence
The boundary of the proposed Los
Olivos District AVA separates the low,
relatively flat plain that comprises the
proposed AVA from the higher
elevations and more rugged and
mountainous terrain that surround the
proposed AVA in all directions. The
northern portion of the proposed
boundary follows the 1,000-foot
elevation contour through the lower
foothills of the San Rafael Mountains
and approximates the point above
which marine fog does not reach. The
eastern portion of the proposed
boundary follows straight lines drawn
between points shown on the USGS
maps and separates the proposed AVA
from the canyon lands of the Happy
Canyon of Santa Barbara AVA. The
southern portion of the proposed
boundary follows the Santa Ynez River
and separates the proposed AVA from
the Santa Ynez Mountains and the Los
Padres National Forest. The western
portion of the proposed boundary
follows several roads and straight lines
drawn between points on the USGS
maps and separates the proposed AVA
from the canyon lands of the Ballard
Canyon AVA to the west.
Distinguishing Features
The distinguishing features of the
proposed Los Olivos District AVA
include its topography, soils, and
climate.
Topography
According to the petition, the
proposed Los Olivos District AVA is
located on the only broad alluvial
terrace plain of the Santa Ynez River.
The topography of the proposed AVA is
relatively uniform, with nearly flat
terrain that gently slopes downward to
the south. Elevations within the AVA
range from approximately 400 feet in
the southern portion of the proposed
AVA, along the Santa Ynez River, to
1,000 feet in the northern portion, in the
foothills of the San Rafael Mountains.
The petition discusses the benefits
that the relatively flat, uniform
topography of the proposed AVA has for
viticulture. The lack of steeply sloped
terrain minimizes the risk of erosion,
allows vineyard owners more options to
space vines and orient rows, and
facilitates mechanical harvesting and
tilling. The flat, open terrain also allows
vineyards within the proposed AVA to
receive uniform amounts of sunlight,
rainfall, and temperature-moderating fog
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because there are no significant hills or
mountains within the proposed AVA to
block the rainfall and fog or to shade the
vineyards.
The proposed Los Olivos District is
surrounded by higher elevations and
mountainous terrain in all directions.
To the north are the San Rafael
Mountains, with steep slopes and
elevations reaching over 2,000 feet. To
the east is the Happy Canyon of Santa
Barbara AVA, which is marked by
steeper terrain, rolling hills, and
canyons. Elevations within the portion
of the Happy Canyon of Santa Barbara
AVA immediately adjacent to the
proposed AVA reach heights of 1,600
feet. To the south of the proposed AVA
are the Santa Ynez Mountains and the
Los Padres National Forest, which have
elevations reaching over 3,000 feet and
steep, rugged terrain unsuitable for
commercial viticulture. To the west of
the proposed AVA is the Ballard
Canyon AVA, which has rolling hills,
maze-like canyons, and elevations
reaching 1,200 feet.
Soils
Over 95 percent of the soils within the
proposed Los Olivos District AVA are
from the Positas-Ballard-Santa Ynez soil
association and are derived from
alluvium, including Orcutt sand and
terrace deposits. The soils are
moderately to well-drained gravelly fine
sandy loams and clay loams with low to
moderate fertility.
According to the petition, the soils
found in the proposed Los Olivos
District AVA are well-suited for
viticulture. The soils drain well enough
that the vines are not susceptible to root
disease and chlorosis but do not drain
so excessively as to require frequent
irrigation. Soil nutrient levels within the
proposed AVA are adequate to produce
healthy vines and fruit without
promoting excessive growth. Finally,
the uniformity of the soils throughout
the proposed Los Olivos District AVA
results in a greater consistency in
growing conditions for vineyards than is
found in regions with greater soil
variations.
To the north of the proposed Los
Olivos District AVA, within the San
Rafael Mountains, approximately 95
percent of the soils are of the ChamiseArnold-Crow Hill association, which is
described as well-drained to excessively
drained and very low to moderately
fertile. To the east and south of the
proposed AVA, the soils are more
diverse. Within the Happy Canyon of
Santa Barbara AVA, to the east of the
proposed AVA, approximately 40
percent of the soils are from the PositasBallard-Santa Ynez association. The
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remaining 60 percent of the soils are
from the Chamise-Arnold-Crow Hill, the
Shedd-Santa Lucia-Diablo, and the
Toomes-Climara associations, which are
all well-drained to excessively drained
and range from very low to highly
fertile. To the south of the proposed
AVA, within the Santa Ynez Mountains,
approximately 60 percent of the soils
are from the Los Osos-Gaviota
association, which is described as welldrained to excessively drained and very
low to moderately fertile. The remaining
40 percent of the soils is a combination
of soils from Shedd-Santa Lucia-Diablo
association and sedimentary rock that is
not suitable for viticulture. To the west,
within the Ballard Canyon AVA,
approximately 95 percent of the soils
are from the Chamise-Arnold-Crow Hill
association, which are characterized as
being well-drained to excessively
drained and having very low to
moderately low fertility.
Climate
Within the Central Coast AVA, where
the proposed Los Olivos District AVA is
located, temperatures are affected by
cooling marine fog. Locations close to
the Pacific Ocean have heavy marine
fog, while locations farther inland, such
as the proposed AVA, receive less fog.
In general, marine fog contributes to
cool daytime temperatures and warm
nighttime temperatures. Because the
proposed Los Olivos District AVA is
located about 30 miles inland from the
Pacific Ocean, much of the marine fog
has diminished by the time it reaches
the proposed AVA in the late afternoon.
However, enough fog remains to
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moderate the evening and nighttime
temperatures. Due to the flat, open
topography, the fog circulates freely
throughout the entire proposed AVA.
In locations where fog is present
throughout most of the day, the
difference between the daily high and
daily low temperatures (diurnal
temperature variation) is usually smaller
than in regions where fog is less
prevalent because fog lowers the
daytime temperatures and warms the
nighttime temperatures. The following
table shows the average monthly diurnal
temperature variation during the
growing season measured at weather
stations in the proposed Los Olivos
District AVA and in regions to the east
and west. Data was not available for
locations to the north and south of the
proposed AVA.
AVERAGE MONTHLY DIURNAL TEMPERATURE VARIATION
[Degrees Fahrenheit]
Lompoc 1
(West of proposed
AVA)
Month
Ballard Canyon
AVA 2
(West of proposed
AVA)
23
20.5
20
19.1
19.3
22.1
25.5
28
30
33
37
38
37
33
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April ..........................................................................................
May ..........................................................................................
June .........................................................................................
July ...........................................................................................
August ......................................................................................
September ...............................................................................
October ....................................................................................
Santa Ynez 3
(Within proposed
AVA)
30
28.5
29.6
30.5
31.9
32.8
34.0
Cachuma Lake 4
(East of proposed
AVA)
29.6
30.8
34.6
38.4
38.1
36.9
34.2
The data shows that the proposed Los
Olivos District AVA generally has
smaller average monthly diurnal
temperature variations than the region
farther inland (Cachuma Lake) and
greater average monthly variations than
the region closer to the coast (Lompoc).
Lompoc, which is located only 9 miles
from the Pacific Ocean, has smaller
average monthly diurnal temperature
variations than the proposed AVA
because the marine fog is heavy
throughout the entire day, keeping
daytime highs cool and allowing for
only small drops in nighttime
temperatures. From May through
September, Cachuma Lake has greater
average monthly diurnal temperature
variations than the proposed AVA
because the lake is farther from the
ocean (approximately 36 miles). The
marine fog has largely dissipated by the
time it reaches Cachuma Lake, allowing
daytime temperatures to rise higher and
nighttime temperatures to drop lower
than within the proposed AVA. During
April and October, fog is lighter and
occurs less frequently within the
proposed AVA, so the diurnal
temperature variations within the
proposed AVA are similar to those at
Cachuma Lake. The Ballard Canyon
AVA is closer to the ocean than the
proposed AVA, but the hills and
canyons block much of the fog from
entering the Ballard Canyon AVA. As a
result, the Ballard Canyon AVA has
generally greater diurnal temperature
variations than the proposed Los Olivos
District AVA.
According to the petition, diurnal
temperature variations during the
growing season affect viticulture. Warm
daytime temperatures encourage fruit
maturation and sugar production, and
cool nighttime temperatures minimize
acid loss. Therefore, grapes in regions
with large diurnal temperature
variations ripen faster and have higher
levels of sugar and acid than regions
with smaller diurnal temperature
variations. Additionally, because
regions with large diurnal temperature
variations generally have less fog, grapes
in those regions are not at as great a risk
of mildew or fungal diseases as areas
with heavier fog and smaller diurnal
temperature variations.
The petition also included a summary
of growing degree day (GDD) data 5
gathered during the 2007–2012 growing
seasons for the proposed Los Olivos
District AVA and the regions to the
north, east, and west. Data was not
available for the region to the south.
1 Source: Western Regional Climate Center period
of record monthly climate summary, 1917–present.
See www.wrcc.dri.edu.
2 Source: Petition to Establish the Ballard Canyon
AVA; data collected from 2005, 2008, and 2009. See
https://www.regulations.gov/#!documentDetail;D=
TTB-2013-0001-0002.
3 Source: California Irrigation Management
Information System Weather Station #64, Santa
Ynez, from 1986-present. See University of
California IPM Online at www.ucipm.ucdavis.edu/
WEATHER/.
4 Source: Western Regional Climate Center period
of record monthly climate summary, 1951–present.
See www.wrcc.dri.edu.
5 Growing Degree Day data was measured using
the University of California Cooperative Extension
method, which collects temperature data hourly in
degrees Celsius. One GDD unit accumulates for
each degree Celsius the hourly temperature reading
is over the baseline of 10 degrees Celsius, the
temperature below which there is virtually no
growth in grape vines.
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SUMMARY OF GROWING DEGREE DAYS
[Degrees Celsius]
Location (direction from proposed AVA)
2007
Proposed Los Olivos District AVA ...........
Ballard Canyon AVA (West) ....................
Happy Canyon of Santa Barbara AVA
(East) ....................................................
San Rafael Mountains (North) .................
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2010
2011
2012
Average
1,688
1,546
1,652
1,540
1,406
1,314
1,479
1,397
1,617
1,494
1,563
1,450
1,592
1,748
Summary of Distinguishing Features
In summary, the topography, soils,
and climate of the proposed Los Olivos
District AVA distinguish it from the
surrounding regions. The proposed
AVA is located on a broad alluvial
plain. The terrain is open and flat,
which reduces the risk of erosion and
allows for the use of mechanized
harvesting and tilling equipment in the
vineyards. The open terrain also allows
thin marine fog to circulate freely
through the proposed AVA. The fog
moderates temperatures, preventing the
grapes from developing levels of sugars
and acids that are too high. The
moderate temperatures allow for a
growing degree day accumulation that is
high enough to grow warm climate
varietals, including cabernet sauvignon
and syrah. Finally, the soils within the
proposed AVA are moderately drained
to well-drained and have low to
moderate fertility levels. As a result,
vines are at a low risk for root disease
or excessive growth, and vineyards do
not require frequent irrigation.
To the north, the high elevations of
the San Rafael Mountains are above the
fog line, and the terrain is higher,
steeper, and more susceptible to erosion
than the flat, gently sloping terrain of
the proposed Los Olivos District AVA.
To the east, the canyons and steeper
terrain of the Happy Canyon of Santa
Barbara AVA prevent marine fog from
entering the AVA, resulting in higher
GDD accumulations than within the
proposed AVA. Additionally, the
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2009
1,534
1,140
The data shows that the proposed Los
Olivos District AVA has more growing
degree days than the region to the
immediate west and fewer than the
regions to the north and east. According
to the petition, GDD accumulation
influences the grape varietals grown in
a region. Warm regions typically grow
Bordeaux and Rhone varietals, such as
cabernet sauvignon and syrah, both of
which are commonly grown within the
proposed AVA. Additionally, warm
temperatures promote vigorous vine
growth and large leaf canopies, which
affect decisions on row spacing, trellis
design, pruning, and canopy
management.
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2008
1,743
1,952
1,697
1,850
1,443
1,521
1,525
1,587
1,629
1,753
1,605
1,735
steepness of the terrain makes
mechanized harvesting and tilling less
practical than within the proposed
AVA. To the south, the Santa Ynez
Mountains and the Los Padres National
Forest have high, rugged, steep terrain
and rocky soils, making the region less
suitable for viticulture than the
proposed AVA. To the west, the Ballard
Canyon AVA has rolling hills and mazelike canyons that block much of the
marine fog from entering, resulting in
greater average diurnal temperature
variations than within the proposed
AVA.
Comparison of the Proposed Los Olivos
District AVA to the Existing Santa Ynez
Valley and Central Coast AVAs
Santa Ynez Valley AVA
The Santa Ynez Valley AVA was
established by T.D. ATF–132, which
was published in the Federal Register
on April 15, 1983 (48 FR 16252). The
Santa Ynez Valley AVA encompasses
the Sta. Rita Hills AVA, the Ballard
Canyon AVA, and the Happy Canyon of
Santa Barbara AVA, as well as the
proposed Los Olivos District AVA.
According to T.D. ATF–132, the Santa
Ynez Valley AVA is a valley that
surrounds the Santa Ynez River and is
bound by the Purisima Hills and San
Rafael Mountains to the north, Cachuma
Lake to the east, the Santa Ynez
Mountains to the south, and the Santa
Rita Hills to the west. Vineyards are
planted on elevations ranging from 200
feet along the Santa Ynez River to 1,500
feet in the foothills of the San Rafael
Mountains. The Santa Ynez Valley AVA
has seven major soil associations, but
vineyards are primarily planted on soils
from the Positas-Ballard-Santa Ynez,
Chamise-Arnold-Crow Hill, SheddSanta Lucia-Diablo, and SorrentoMocho-Camarillo associations.
Temperatures within the Santa Ynez
Valley AVA are generally warmer and
less influenced by coastal breezes and
fog than the region closer to the coast
because the hills to the west of the AVA
prevent much of the marine influence
from reaching deep into the valley. Even
without a heavy marine influence, fog is
still common at elevations between
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1,000 and 1,200 feet within the Santa
Ynez Valley AVA.
The proposed Los Olivos District
AVA is located at the center of the Santa
Ynez Valley AVA and shares some
broad characteristics with the
established AVA. Like much of the
Santa Ynez Valley AVA, the proposed
Los Olivos District AVA receives some
marine fog from the Pacific Ocean.
However, due to its central location, the
proposed AVA is warmer than regions
within the western portion of the Santa
Ynez Valley AVA (such as the Sta. Rita
Hills AVA) and cooler than regions
within the eastern portion (such as the
Happy Canyon of Santa Barbara AVA).
The fairly level alluvial plain
topography of the proposed AVA is
more uniform than the topography of
the larger Santa Ynez Valley AVA,
which also includes mountains and
canyons. In contrast to the varied soils
of the Santa Ynez Valley AVA, the
proposed Los Olivos District AVA soils
are predominately from the PositasBallard-Santa Ynez association.
Central Coast AVA
The large, 1 million-acre Central Coast
AVA was established by T.D. ATF–216,
which was published in the Federal
Register on October 24, 1985 (50 FR
43128). The Central Coast AVA
encompasses all or portions of the
California counties of Contra Costa,
Alameda, San Francisco, San Mateo,
Santa Clara, Santa Cruz, San Benito,
Monterey, San Luis Obispo, and Santa
Barbara, and it contains 28 established
AVAs. T.D. ATF–216 describes the
Central Coast viticultural area as
extending from Santa Barbara to the San
Francisco Bay area and east to the
California Coastal Ranges. The
distinguishing feature of the Central
Coast AVA addressed in T.D. ATF–216
is that all of the included counties
experience marine climate influence
due to their proximity to the Pacific
Ocean.
The proposed Los Olivos District
AVA, located within Santa Barbara
County, is also located within the
Central Coast AVA. Marine fog, which
is the primary characteristic of the
Central Coast AVA, is present within
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the proposed AVA during the growing
season. However, due to its smaller size,
the proposed viticultural area has
greater uniformity in geographical
features, such as topography, climate,
and soils, than the larger Central Coast
AVA.
TTB Determination
TTB concludes that the petition to
establish the approximately 22,820-acre
Los Olivos District AVA merits
consideration and public comment, as
invited in this document of proposed
rulemaking.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
the proposed regulatory text published
at the end of this proposed rule.
TTB notes that although narrative
descriptions of AVA boundaries usually
follow a clockwise direction, the
proposed Los Olivos District AVA
boundary description follows a
counterclockwise direction in order to
align the proposed eastern boundary
more easily with the western boundary
of the established Happy Canyon of
Santa Barbara AVA.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA 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
§ 4.25(e)(3) of the TTB regulations (27
CFR 4.25(e)(3)). If the wine is not
eligible for labeling with an AVA name
or other viticulturally significant term
and that name or term appears in the
brand name, then the label is not in
compliance, and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
or other viticulturally significant term
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Different rules apply if a wine has
a brand name containing an AVA name
or other viticulturally significant term
that was used as a brand name on a
label approved before July 7, 1986. See
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Jkt 235001
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Los Olivos District,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). TTB
also believes that the term ‘‘Los Olivos,’’
standing alone, has viticultural
significance, as this name appears to be
primarily associated with the grapegrowing and wine-producing region of
the proposed AVA. Therefore, if TTB
establishes this proposed AVA, the term
‘‘Los Olivos’’ also will be recognized as
a term of viticultural significance under
27 CFR 4.39(i)(3). The text of the
proposed regulation clarifies this point.
Consequently, wine bottlers using the
name ‘‘Los Olivos District’’ or ‘‘Los
Olivos’’ in a brand name, including a
trademark, or in another label reference
as to the origin of the wine, would have
to ensure that the product is eligible to
use the AVA name as an appellation of
origin if this proposed rule is adopted
as a final rule.
The approval of the proposed Los
Olivos District AVA would not affect
any existing AVA, and any bottlers
using ‘‘Central Coast’’ or ‘‘Santa Ynez
Valley’’ as an appellation of origin or in
a brand name for wines made from
grapes grown within the Central Coast
AVA or Santa Ynez Valley would not be
affected by the establishment of this
new AVA. The establishment of the
proposed Los Olivos District AVA
would allow vintners to use ‘‘Los Olivos
District,’’ ‘‘Santa Ynez Valley,’’ and
‘‘Central Coast’’ as appellations of origin
for wines made from grapes grown
within the proposed Los Olivos District
AVA, if the wines meet the eligibility
requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed AVA.
TTB is also interested in receiving
comments on the sufficiency and
accuracy of the name, boundary, soils,
climate, and other required information
submitted in support of the petition. In
addition, given the proposed Los Olivos
District AVA’s location within the
existing Central Coast AVA and Santa
Ynez Valley AVA, TTB is interested in
comments on whether the evidence
submitted in the petition regarding the
distinguishing features of the proposed
AVA sufficiently differentiates it from
the existing Central Coast AVA and
Santa Ynez Valley AVA. TTB is also
interested in comments on whether the
geographic features of the proposed
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11359
AVA are so distinguishable from the
surrounding Central Coast AVA and
Santa Ynez Valley AVA that the
proposed Los Olivos District AVA
should no longer be part of those AVAs.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Los
Olivos District AVA on wine labels that
include the term ‘‘Los Olivos District’’
or ‘‘Los Olivos’’ as discussed above
under Impact on Current Wine Labels,
TTB is particularly interested in
comments regarding whether there will
be a conflict between the proposed AVA
name and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed AVA will
have on an existing viticultural
enterprise. TTB is also interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the AVA.
Submitting Comments
You may submit comments on this
document by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
document within Docket No. TTB–
2015–0004 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 148 on the TTB Web site at http:/
/www.ttb.gov/wine/winerulemaking.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 the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005.
• 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 the DATES
section of this document. Your
comments must reference Notice No.
148 and include your name and mailing
address. Your comments also must be
made in English, be legible, and be
written in language acceptable for
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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules
public disclosure. TTB does not
acknowledge receipt of comments, and
TTB considers all comments as
originals.
In your comment, please clearly state
if you are commenting for yourself or on
behalf of an association, business, or
other entity. If you are commenting on
behalf of an entity, your comment must
include the entity’s name, as well as
your name and position title. If you
comment via Regulations.gov, please
enter the entity’s name in the
‘‘Organization’’ blank of the online
comment form. If you comment via
postal mail or hand delivery/courier,
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.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
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
TTB will post, and you may view,
copies of this document, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2015–
0004 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB Web
site at https://www.ttb.gov/wine/wine_
rulemaking.shtml under Notice No. 148.
You may also reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
information on how to use
Regulations.gov, click on the site’s
‘‘Help’’ tab.
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 email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
document, all related petitions, maps
and other supporting materials, and any
electronic or mailed comments that TTB
receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW.,
Washington, DC 20005. You may also
obtain copies at 20 cents per 8.5 x 11inch page. Please note that TTB is
VerDate Sep<11>2014
17:16 Mar 02, 2015
Jkt 235001
unable to provide copies of USGS maps
or other similarly-sized documents that
may be included as part of the AVA
petition. Contact TTB’s 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
TTB certifies 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
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.___ to read as follows:
■
§ 9.
Los Olivos District.
(a) Name. The name of the viticultural
area described in this section is ‘‘Los
Olivos District’’. For purposes of part 4
of this chapter, ‘‘Los Olivos District’’
and ‘‘Los Olivos’’ are terms of
viticultural significance.
(b) Approved maps. The four United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Los
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Fmt 4702
Sfmt 4702
Olivos District viticultural area are
titled:
(1) Los Olivos, CA, 1995;
(2) Zaca Creek, Calif., 1959;
(3) Solvang, CA, 1995; and
(4) Santa Ynez, CA, 1995.
(c) Boundary. The Los Olivos District
viticultural area is located in Santa
Barbara County, California. The
boundary of the Los Olivos District
viticultural area is as described below:
(1) The beginning point is on the Los
Olivos map at the intersection of Foxen
Canyon Road with California State Road
154 (known locally as San Marcos Pass
Road/Chumash Highway), section 23,
T7N/R31W.
(2) From the beginning point, proceed
southwesterly in a straight line
approximately 0.3 mile, crossing onto
the Zaca Creek map, to the intersection
of Ballard Canyon Road and an
unnamed, unimproved road known
locally as Los Olivos Meadows Drive,
T7N/R31W; then
(3) Proceed south-southeasterly in a
straight line approximately 1 mile,
crossing onto the Los Olivos map, to a
marked, unnamed structure within a
circular-shaped 920-foot contour line in
the southwest corner of section 26, T7N/
R31W; then
(4) Proceed south-southwesterly in a
straight line approximately 1.25 miles,
crossing onto the Zaca Creek map, to the
point marked by the ‘‘Ball’’ 801-foot
elevation control point, T6N/R31W;
then
(5) Proceed south-southwesterly in a
straight line approximately 1.45 miles,
crossing onto the Solvang map, to a
marked, unnamed 775-foot peak, T6N/
R31W; then
(6) Proceed south-southwesterly in a
straight line approximately 0.55 mile to
a marked communication tower located
within the 760-foot contour line, T6N/
R31W; then
(7) Proceed south in a straight line
approximately 0.6 mile to the
intersection of Chalk Hill Road with an
unnamed creek descending from Adobe
Canyon, northwest of the unnamed road
known locally as Fredensborg Canyon
Road, T6N/R31W; then
(8) Proceed southwesterly
(downstream) along the creek
approximately 1 mile to the creek’s
intersection with the Santa Ynez River,
T6N/R31W; then
(9) Proceed easterly (upstream) along
the Santa Ynez River approximately 8
miles, crossing onto the Santa Ynez
map, to the river’s intersection with
State Highway 154, T6N/R30W; then
(10) Proceed north-northwest in a
straight line approximately 1.2 miles to
the marked 924-foot elevation point,
T6R/R30W; then
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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Proposed Rules
(11) Proceed north-northwest in a
straight line 1.2 miles to the ‘‘Y’’ in an
unimproved road 0.1 mile south of the
800-foot contour line, west of Happy
Canyon Road, T6R/R30W; then
(12) Proceed north-northwest in a
straight line for 0.5 mile, crossing onto
the Los Olivos map, and continuing
approximately 2.3 miles to the third
intersection of the line with the 1,000foot contour line northwest of BM 812,
T7N/R30W; then
(13) Proceed westerly along the
meandering 1,000-foot contour line to
the contour line’s intersection with an
unnamed, unimproved road, an
unnamed light-duty road, and the
northern boundary line of section 23,
T7N/R31W; then
(14) Proceed northerly, then westerly,
along the unnamed, unimproved road to
Figueroa Mountain Road, near the
marked 895-foot elevation, T7N/R31W;
then
(15) Proceed north on Figueroa
Mountain Road approximately 400 feet
to the 920-foot contour line, T7N/R31W;
then
(16) Proceed initially south, then
northeasterly along the meandering 920foot contour line, crossing onto the Zaca
Creek map, to Foxen Canyon Road,
T7N/R31W; then
(17) Proceed southeasterly on Foxen
Canyon Road approximately 1.7 miles,
crossing onto the Los Olivos map,
returning to the beginning point.
Dated: February 23, 2015.
John J. Manfreda,
Administrator.
BILLING CODE 4810–31–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–EPA–HQ–OPPT–2014–
0760; FRL–9923–25]
RIN 2070–AB27
Proposed Significant New Use Rule on
Certain Chemical Substances;
Extension of Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
AGENCY:
Follow the detailed
instructions provided under ADDRESSES
in the Federal Register document of
January 7, 2015 (80 FR 845) (FRL–9919–
23).
ADDRESSES:
For
technical information contact: Kenneth
Moss, Chemical Control Division, Office
of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(202) 564–9232; email address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
This
document extends the public comment
period established in the Federal
Register proposed rule of January 7,
2015. In that document, EPA proposed
significant new use rules for 13
chemical substances which were the
subject of premanufacture notices
(PMNs). EPA is hereby extending the
comment period, which was set to end
on March 9, 2015, to April 23, 2015.
To submit comments, or access the
docket, please follow the detailed
instructions provided under ADDRESSES
in the Federal Register proposed rule of
January 7, 2015. If you have questions,
consult the technical person listed
under FOR FURTHER INFORMATION
CONTACT.
List of Subjects in 40 CFR Part 721
EPA issued a proposed rule in
the Federal Register of January 7, 2015,
concerning proposed significant new
use rules for 13 chemical substances
which were the subject of
premanufacture notices (PMNs). This
document extends the comment period
SUMMARY:
17:16 Mar 02, 2015
The comment period for the
proposed rule published on January 7,
2015 (80 FR 845) is extended.
Comments, identified by docket
identification (ID) number EPA–HQ–
OPPT–2014–0760 must be received on
or before April 23, 2015.
DATES:
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–04253 Filed 3–2–15; 8:45 am]
VerDate Sep<11>2014
for 45 days, from March 9, 2015 to April
23, 2015. Multiple commenters
requested additional time to research
and submit more detailed comments
concerning the proposed SNURs. EPA is
therefore extending the comment period
in order to give all interested persons
the opportunity to comment fully.
Jkt 235001
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: February 20, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
[FR Doc. 2015–04406 Filed 3–2–15; 8:45 am]
BILLING CODE 6560–50–P
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11361
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 67
[Docket No. USCG–2010–0990]
RIN 1625–AB56
Vessel Documentation Renewal Fees
Coast Guard, DHS.
Request for comments.
AGENCY:
ACTION:
The Coast Guard seeks public
comment on whether to increase the
period of validity for renewing
endorsements on Certificates of
Documentation. A separate fee of $26
for annual renewals of endorsements
upon the Certificate of Documentation
was established in a recent rulemaking.
The Coast Guard is considering options
for implementing multiyear renewals
and updating the fee for services, and
seeks information on factors to consider
when implementing these changes.
DATES: Comments and related material
must either be submitted to the online
docket via https://www.regulations.gov
on or before June 1, 2015 or reach the
Docket Management Facility by that
date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0990 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
document, call or email Ms. Mary Jager,
CG–DCO–832, Coast Guard; telephone
202–372–1331, email Mary.K.Jager@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
SUMMARY:
E:\FR\FM\03MRP1.SGM
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Agencies
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Proposed Rules]
[Pages 11355-11361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04253]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2015-0004; Notice No. 148]
RIN 1513-AC11
Proposed Establishment of the Los Olivos District Viticultural
Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 22,820-acre ``Los Olivos District''
viticultural area in Santa Barbara County, California. The proposed
viticultural area lies entirely within the Santa Ynez Valley
viticultural area and the larger, multicounty Central Coast
viticultural area. TTB designates viticultural areas to allow vintners
to better describe the origin of their wines and to allow consumers to
better identify wines they may purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by May 4, 2015.
ADDRESSES: Please send your comments on this document to one of the
following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this document as posted within Docket No. TTB-2015-
0004 at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; 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 document for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or request
copies of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01 (Revised), dated
December 10, 2013, to the TTB Administrator to perform the functions
and duties in the administration and enforcement of this law.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
define viticultural areas and sets out requirements for 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) sets
forth standards for the preparation and submission to TTB of petitions
for the establishment or modification of American viticultural areas
(AVAs) and lists the approved AVAs.
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 having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established 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 the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA 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 (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
the standards for petitions requesting the establishment or
modification of AVAs. Petitions to establish an AVA must include the
following:
Evidence that the region within the proposed AVA boundary
is nationally or locally known by the AVA name specified in the
petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed viticultural
AVA;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the
[[Page 11356]]
proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Los Olivos District Petition
TTB received a petition from C. Frederic Brander, owner and
winemaker of the Brander Vineyard, proposing the establishment of the
approximately 22,820-acre ``Los Olivos District'' AVA in Santa Barbara
County, California. There are 12 bonded wineries and approximately 47
commercially producing vineyards covering a total of 1,120 acres within
the proposed AVA. According to the petition, the distinguishing
features of the proposed Los Olivos District AVA include its
topography, soils, and climate. Unless otherwise noted, all information
and data pertaining to the proposed AVA contained in this document are
from the petition for the proposed Los Olivos District AVA and its
supporting exhibits.
The proposed Los Olivos District AVA includes the towns of Los
Olivos, Solvang, Ballard, and Santa Ynez. The proposed AVA lies
entirely within the Santa Ynez Valley AVA (27 CFR 9.54), which, in
turn, lies within the larger, multicounty Central Coast AVA (27 CFR
9.75). The proposed Los Olivos District AVA shares its western boundary
with the eastern boundary of the Ballard Canyon AVA (27 CFR 9.230) and
its eastern boundary with the western boundary of the Happy Canyon of
Santa Barbara AVA (27 CR 9.217), but it does not overlap either of
these AVAs.
Name Evidence
In the late 1800s, Alden March Boyd purchased land in Santa Barbara
County and planted a 5,000-tree olive grove he named ``Rancho Los
Olivos.'' The community that grew up nearby took the name ``Los
Olivos,'' after Boyd's ranch. The proposed Los Olivos District AVA
takes its name from the ranch and the town, both of which are located
within the boundaries of the proposed AVA. The town and the ranch
appear on the USGS Los Olivos quadrangle map. The town of Los Olivos
also appears on a road map of Santa Barbara County, published by the
American Automobile Association, which was included with the petition.
Name evidence for the proposed AVA is supported by the fact that
several businesses use the moniker ``Los Olivos'' in their names,
including the Los Olivos Grand Hotel, the Gallery Los Olivos, the Los
Olivos Caf[eacute], and the Los Olivos Grocery. Additionally, several
public institutions that serve residents within the proposed AVA use
the name ``Los Olivos,'' including the Los Olivos Library, the Los
Olivos Post Office, and the Los Olivos Elementary School.
Boundary Evidence
The boundary of the proposed Los Olivos District AVA separates the
low, relatively flat plain that comprises the proposed AVA from the
higher elevations and more rugged and mountainous terrain that surround
the proposed AVA in all directions. The northern portion of the
proposed boundary follows the 1,000-foot elevation contour through the
lower foothills of the San Rafael Mountains and approximates the point
above which marine fog does not reach. The eastern portion of the
proposed boundary follows straight lines drawn between points shown on
the USGS maps and separates the proposed AVA from the canyon lands of
the Happy Canyon of Santa Barbara AVA. The southern portion of the
proposed boundary follows the Santa Ynez River and separates the
proposed AVA from the Santa Ynez Mountains and the Los Padres National
Forest. The western portion of the proposed boundary follows several
roads and straight lines drawn between points on the USGS maps and
separates the proposed AVA from the canyon lands of the Ballard Canyon
AVA to the west.
Distinguishing Features
The distinguishing features of the proposed Los Olivos District AVA
include its topography, soils, and climate.
Topography
According to the petition, the proposed Los Olivos District AVA is
located on the only broad alluvial terrace plain of the Santa Ynez
River. The topography of the proposed AVA is relatively uniform, with
nearly flat terrain that gently slopes downward to the south.
Elevations within the AVA range from approximately 400 feet in the
southern portion of the proposed AVA, along the Santa Ynez River, to
1,000 feet in the northern portion, in the foothills of the San Rafael
Mountains.
The petition discusses the benefits that the relatively flat,
uniform topography of the proposed AVA has for viticulture. The lack of
steeply sloped terrain minimizes the risk of erosion, allows vineyard
owners more options to space vines and orient rows, and facilitates
mechanical harvesting and tilling. The flat, open terrain also allows
vineyards within the proposed AVA to receive uniform amounts of
sunlight, rainfall, and temperature-moderating fog because there are no
significant hills or mountains within the proposed AVA to block the
rainfall and fog or to shade the vineyards.
The proposed Los Olivos District is surrounded by higher elevations
and mountainous terrain in all directions. To the north are the San
Rafael Mountains, with steep slopes and elevations reaching over 2,000
feet. To the east is the Happy Canyon of Santa Barbara AVA, which is
marked by steeper terrain, rolling hills, and canyons. Elevations
within the portion of the Happy Canyon of Santa Barbara AVA immediately
adjacent to the proposed AVA reach heights of 1,600 feet. To the south
of the proposed AVA are the Santa Ynez Mountains and the Los Padres
National Forest, which have elevations reaching over 3,000 feet and
steep, rugged terrain unsuitable for commercial viticulture. To the
west of the proposed AVA is the Ballard Canyon AVA, which has rolling
hills, maze-like canyons, and elevations reaching 1,200 feet.
Soils
Over 95 percent of the soils within the proposed Los Olivos
District AVA are from the Positas-Ballard-Santa Ynez soil association
and are derived from alluvium, including Orcutt sand and terrace
deposits. The soils are moderately to well-drained gravelly fine sandy
loams and clay loams with low to moderate fertility.
According to the petition, the soils found in the proposed Los
Olivos District AVA are well-suited for viticulture. The soils drain
well enough that the vines are not susceptible to root disease and
chlorosis but do not drain so excessively as to require frequent
irrigation. Soil nutrient levels within the proposed AVA are adequate
to produce healthy vines and fruit without promoting excessive growth.
Finally, the uniformity of the soils throughout the proposed Los Olivos
District AVA results in a greater consistency in growing conditions for
vineyards than is found in regions with greater soil variations.
To the north of the proposed Los Olivos District AVA, within the
San Rafael Mountains, approximately 95 percent of the soils are of the
Chamise-Arnold-Crow Hill association, which is described as well-
drained to excessively drained and very low to moderately fertile. To
the east and south of the proposed AVA, the soils are more diverse.
Within the Happy Canyon of Santa Barbara AVA, to the east of the
proposed AVA, approximately 40 percent of the soils are from the
Positas-Ballard-Santa Ynez association. The
[[Page 11357]]
remaining 60 percent of the soils are from the Chamise-Arnold-Crow
Hill, the Shedd-Santa Lucia-Diablo, and the Toomes-Climara
associations, which are all well-drained to excessively drained and
range from very low to highly fertile. To the south of the proposed
AVA, within the Santa Ynez Mountains, approximately 60 percent of the
soils are from the Los Osos-Gaviota association, which is described as
well-drained to excessively drained and very low to moderately fertile.
The remaining 40 percent of the soils is a combination of soils from
Shedd-Santa Lucia-Diablo association and sedimentary rock that is not
suitable for viticulture. To the west, within the Ballard Canyon AVA,
approximately 95 percent of the soils are from the Chamise-Arnold-Crow
Hill association, which are characterized as being well-drained to
excessively drained and having very low to moderately low fertility.
Climate
Within the Central Coast AVA, where the proposed Los Olivos
District AVA is located, temperatures are affected by cooling marine
fog. Locations close to the Pacific Ocean have heavy marine fog, while
locations farther inland, such as the proposed AVA, receive less fog.
In general, marine fog contributes to cool daytime temperatures and
warm nighttime temperatures. Because the proposed Los Olivos District
AVA is located about 30 miles inland from the Pacific Ocean, much of
the marine fog has diminished by the time it reaches the proposed AVA
in the late afternoon. However, enough fog remains to moderate the
evening and nighttime temperatures. Due to the flat, open topography,
the fog circulates freely throughout the entire proposed AVA.
In locations where fog is present throughout most of the day, the
difference between the daily high and daily low temperatures (diurnal
temperature variation) is usually smaller than in regions where fog is
less prevalent because fog lowers the daytime temperatures and warms
the nighttime temperatures. The following table shows the average
monthly diurnal temperature variation during the growing season
measured at weather stations in the proposed Los Olivos District AVA
and in regions to the east and west. Data was not available for
locations to the north and south of the proposed AVA.
Average Monthly Diurnal Temperature Variation
[Degrees Fahrenheit]
----------------------------------------------------------------------------------------------------------------
Ballard Canyon Santa Ynez \3\ Cachuma Lake \4\
Month Lompoc \1\ (West AVA \2\ (West of (Within proposed (East of proposed
of proposed AVA) proposed AVA) AVA) AVA)
----------------------------------------------------------------------------------------------------------------
April............................... 23 28 30 29.6
May................................. 20.5 30 28.5 30.8
June................................ 20 33 29.6 34.6
July................................ 19.1 37 30.5 38.4
August.............................. 19.3 38 31.9 38.1
September........................... 22.1 37 32.8 36.9
October............................. 25.5 33 34.0 34.2
----------------------------------------------------------------------------------------------------------------
The data shows that the proposed Los Olivos District AVA generally
has smaller average monthly diurnal temperature variations than the
region farther inland (Cachuma Lake) and greater average monthly
variations than the region closer to the coast (Lompoc). Lompoc, which
is located only 9 miles from the Pacific Ocean, has smaller average
monthly diurnal temperature variations than the proposed AVA because
the marine fog is heavy throughout the entire day, keeping daytime
highs cool and allowing for only small drops in nighttime temperatures.
From May through September, Cachuma Lake has greater average monthly
diurnal temperature variations than the proposed AVA because the lake
is farther from the ocean (approximately 36 miles). The marine fog has
largely dissipated by the time it reaches Cachuma Lake, allowing
daytime temperatures to rise higher and nighttime temperatures to drop
lower than within the proposed AVA. During April and October, fog is
lighter and occurs less frequently within the proposed AVA, so the
diurnal temperature variations within the proposed AVA are similar to
those at Cachuma Lake. The Ballard Canyon AVA is closer to the ocean
than the proposed AVA, but the hills and canyons block much of the fog
from entering the Ballard Canyon AVA. As a result, the Ballard Canyon
AVA has generally greater diurnal temperature variations than the
proposed Los Olivos District AVA.
---------------------------------------------------------------------------
\1\ Source: Western Regional Climate Center period of record
monthly climate summary, 1917-present. See www.wrcc.dri.edu.
\2\ Source: Petition to Establish the Ballard Canyon AVA; data
collected from 2005, 2008, and 2009. See https://www.regulations.gov/#!documentDetail;D=TTB-2013-0001-0002.
\3\ Source: California Irrigation Management Information System
Weather Station #64, Santa Ynez, from 1986-present. See University
of California IPM Online at www.ucipm.ucdavis.edu/WEATHER/.
\4\ Source: Western Regional Climate Center period of record
monthly climate summary, 1951-present. See www.wrcc.dri.edu.
---------------------------------------------------------------------------
According to the petition, diurnal temperature variations during
the growing season affect viticulture. Warm daytime temperatures
encourage fruit maturation and sugar production, and cool nighttime
temperatures minimize acid loss. Therefore, grapes in regions with
large diurnal temperature variations ripen faster and have higher
levels of sugar and acid than regions with smaller diurnal temperature
variations. Additionally, because regions with large diurnal
temperature variations generally have less fog, grapes in those regions
are not at as great a risk of mildew or fungal diseases as areas with
heavier fog and smaller diurnal temperature variations.
The petition also included a summary of growing degree day (GDD)
data \5\ gathered during the 2007-2012 growing seasons for the proposed
Los Olivos District AVA and the regions to the north, east, and west.
Data was not available for the region to the south.
---------------------------------------------------------------------------
\5\ Growing Degree Day data was measured using the University of
California Cooperative Extension method, which collects temperature
data hourly in degrees Celsius. One GDD unit accumulates for each
degree Celsius the hourly temperature reading is over the baseline
of 10 degrees Celsius, the temperature below which there is
virtually no growth in grape vines.
[[Page 11358]]
Summary of Growing Degree Days
[Degrees Celsius]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Location (direction from proposed AVA) 2007 2008 2009 2010 2011 2012 Average
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Los Olivos District AVA............................. 1,534 1,688 1,652 1,406 1,479 1,617 1,563
Ballard Canyon AVA (West).................................... 1,140 1,546 1,540 1,314 1,397 1,494 1,450
Happy Canyon of Santa Barbara AVA (East)..................... 1,592 1,743 1,697 1,443 1,525 1,629 1,605
San Rafael Mountains (North)................................. 1,748 1,952 1,850 1,521 1,587 1,753 1,735
--------------------------------------------------------------------------------------------------------------------------------------------------------
The data shows that the proposed Los Olivos District AVA has more
growing degree days than the region to the immediate west and fewer
than the regions to the north and east. According to the petition, GDD
accumulation influences the grape varietals grown in a region. Warm
regions typically grow Bordeaux and Rhone varietals, such as cabernet
sauvignon and syrah, both of which are commonly grown within the
proposed AVA. Additionally, warm temperatures promote vigorous vine
growth and large leaf canopies, which affect decisions on row spacing,
trellis design, pruning, and canopy management.
Summary of Distinguishing Features
In summary, the topography, soils, and climate of the proposed Los
Olivos District AVA distinguish it from the surrounding regions. The
proposed AVA is located on a broad alluvial plain. The terrain is open
and flat, which reduces the risk of erosion and allows for the use of
mechanized harvesting and tilling equipment in the vineyards. The open
terrain also allows thin marine fog to circulate freely through the
proposed AVA. The fog moderates temperatures, preventing the grapes
from developing levels of sugars and acids that are too high. The
moderate temperatures allow for a growing degree day accumulation that
is high enough to grow warm climate varietals, including cabernet
sauvignon and syrah. Finally, the soils within the proposed AVA are
moderately drained to well-drained and have low to moderate fertility
levels. As a result, vines are at a low risk for root disease or
excessive growth, and vineyards do not require frequent irrigation.
To the north, the high elevations of the San Rafael Mountains are
above the fog line, and the terrain is higher, steeper, and more
susceptible to erosion than the flat, gently sloping terrain of the
proposed Los Olivos District AVA. To the east, the canyons and steeper
terrain of the Happy Canyon of Santa Barbara AVA prevent marine fog
from entering the AVA, resulting in higher GDD accumulations than
within the proposed AVA. Additionally, the steepness of the terrain
makes mechanized harvesting and tilling less practical than within the
proposed AVA. To the south, the Santa Ynez Mountains and the Los Padres
National Forest have high, rugged, steep terrain and rocky soils,
making the region less suitable for viticulture than the proposed AVA.
To the west, the Ballard Canyon AVA has rolling hills and maze-like
canyons that block much of the marine fog from entering, resulting in
greater average diurnal temperature variations than within the proposed
AVA.
Comparison of the Proposed Los Olivos District AVA to the Existing
Santa Ynez Valley and Central Coast AVAs
Santa Ynez Valley AVA
The Santa Ynez Valley AVA was established by T.D. ATF-132, which
was published in the Federal Register on April 15, 1983 (48 FR 16252).
The Santa Ynez Valley AVA encompasses the Sta. Rita Hills AVA, the
Ballard Canyon AVA, and the Happy Canyon of Santa Barbara AVA, as well
as the proposed Los Olivos District AVA. According to T.D. ATF-132, the
Santa Ynez Valley AVA is a valley that surrounds the Santa Ynez River
and is bound by the Purisima Hills and San Rafael Mountains to the
north, Cachuma Lake to the east, the Santa Ynez Mountains to the south,
and the Santa Rita Hills to the west. Vineyards are planted on
elevations ranging from 200 feet along the Santa Ynez River to 1,500
feet in the foothills of the San Rafael Mountains. The Santa Ynez
Valley AVA has seven major soil associations, but vineyards are
primarily planted on soils from the Positas-Ballard-Santa Ynez,
Chamise-Arnold-Crow Hill, Shedd-Santa Lucia-Diablo, and Sorrento-Mocho-
Camarillo associations. Temperatures within the Santa Ynez Valley AVA
are generally warmer and less influenced by coastal breezes and fog
than the region closer to the coast because the hills to the west of
the AVA prevent much of the marine influence from reaching deep into
the valley. Even without a heavy marine influence, fog is still common
at elevations between 1,000 and 1,200 feet within the Santa Ynez Valley
AVA.
The proposed Los Olivos District AVA is located at the center of
the Santa Ynez Valley AVA and shares some broad characteristics with
the established AVA. Like much of the Santa Ynez Valley AVA, the
proposed Los Olivos District AVA receives some marine fog from the
Pacific Ocean. However, due to its central location, the proposed AVA
is warmer than regions within the western portion of the Santa Ynez
Valley AVA (such as the Sta. Rita Hills AVA) and cooler than regions
within the eastern portion (such as the Happy Canyon of Santa Barbara
AVA). The fairly level alluvial plain topography of the proposed AVA is
more uniform than the topography of the larger Santa Ynez Valley AVA,
which also includes mountains and canyons. In contrast to the varied
soils of the Santa Ynez Valley AVA, the proposed Los Olivos District
AVA soils are predominately from the Positas-Ballard-Santa Ynez
association.
Central Coast AVA
The large, 1 million-acre Central Coast AVA was established by T.D.
ATF-216, which was published in the Federal Register on October 24,
1985 (50 FR 43128). The Central Coast AVA encompasses all or portions
of the California counties of Contra Costa, Alameda, San Francisco, San
Mateo, Santa Clara, Santa Cruz, San Benito, Monterey, San Luis Obispo,
and Santa Barbara, and it contains 28 established AVAs. T.D. ATF-216
describes the Central Coast viticultural area as extending from Santa
Barbara to the San Francisco Bay area and east to the California
Coastal Ranges. The distinguishing feature of the Central Coast AVA
addressed in T.D. ATF-216 is that all of the included counties
experience marine climate influence due to their proximity to the
Pacific Ocean.
The proposed Los Olivos District AVA, located within Santa Barbara
County, is also located within the Central Coast AVA. Marine fog, which
is the primary characteristic of the Central Coast AVA, is present
within
[[Page 11359]]
the proposed AVA during the growing season. However, due to its smaller
size, the proposed viticultural area has greater uniformity in
geographical features, such as topography, climate, and soils, than the
larger Central Coast AVA.
TTB Determination
TTB concludes that the petition to establish the approximately
22,820-acre Los Olivos District AVA merits consideration and public
comment, as invited in this document of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
TTB notes that although narrative descriptions of AVA boundaries
usually follow a clockwise direction, the proposed Los Olivos District
AVA boundary description follows a counterclockwise direction in order
to align the proposed eastern boundary more easily with the western
boundary of the established Happy Canyon of Santa Barbara AVA.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA 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 Sec. 4.25(e)(3) of the TTB regulations (27
CFR 4.25(e)(3)). If the wine is not eligible for labeling with an AVA
name or other viticulturally significant term and that name or term
appears in the brand name, then the label is not in compliance, and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name or other viticulturally significant term
appears in another reference on the label in a misleading manner, the
bottler would have to obtain approval of a new label. Different rules
apply if a wine has a brand name containing an AVA name or other
viticulturally significant term that was used as a brand name on a
label approved before July 7, 1986. See Sec. 4.39(i)(2) of the TTB
regulations (27 CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Los Olivos
District,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). TTB
also believes that the term ``Los Olivos,'' standing alone, has
viticultural significance, as this name appears to be primarily
associated with the grape-growing and wine-producing region of the
proposed AVA. Therefore, if TTB establishes this proposed AVA, the term
``Los Olivos'' also will be recognized as a term of viticultural
significance under 27 CFR 4.39(i)(3). The text of the proposed
regulation clarifies this point. Consequently, wine bottlers using the
name ``Los Olivos District'' or ``Los Olivos'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, would have to ensure that the product is eligible to use
the AVA name as an appellation of origin if this proposed rule is
adopted as a final rule.
The approval of the proposed Los Olivos District AVA would not
affect any existing AVA, and any bottlers using ``Central Coast'' or
``Santa Ynez Valley'' as an appellation of origin or in a brand name
for wines made from grapes grown within the Central Coast AVA or Santa
Ynez Valley would not be affected by the establishment of this new AVA.
The establishment of the proposed Los Olivos District AVA would allow
vintners to use ``Los Olivos District,'' ``Santa Ynez Valley,'' and
``Central Coast'' as appellations of origin for wines made from grapes
grown within the proposed Los Olivos District AVA, if the wines meet
the eligibility requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. TTB is also interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils, climate, and other required information submitted in
support of the petition. In addition, given the proposed Los Olivos
District AVA's location within the existing Central Coast AVA and Santa
Ynez Valley AVA, TTB is interested in comments on whether the evidence
submitted in the petition regarding the distinguishing features of the
proposed AVA sufficiently differentiates it from the existing Central
Coast AVA and Santa Ynez Valley AVA. TTB is also interested in comments
on whether the geographic features of the proposed AVA are so
distinguishable from the surrounding Central Coast AVA and Santa Ynez
Valley AVA that the proposed Los Olivos District AVA should no longer
be part of those AVAs. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Los Olivos District AVA on wine labels that include the term
``Los Olivos District'' or ``Los Olivos'' as discussed above under
Impact on Current Wine Labels, TTB is particularly interested in
comments regarding whether there will be a conflict between the
proposed AVA name and currently used brand names. If a commenter
believes that a conflict will arise, the comment should describe the
nature of that conflict, including any anticipated negative economic
impact that approval of the proposed AVA will have on an existing
viticultural enterprise. TTB is also interested in receiving
suggestions for ways to avoid conflicts, for example, by adopting a
modified or different name for the AVA.
Submitting Comments
You may submit comments on this document by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2015-0004 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
http:[sol][sol]www.regulations.gov. A direct link to that docket is
available under Notice No. 148 on the TTB Web site at
http:[sol][sol]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 the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
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 the
DATES section of this document. Your comments must reference Notice No.
148 and include your name and mailing address. Your comments also must
be made in English, be legible, and be written in language acceptable
for
[[Page 11360]]
public disclosure. TTB does not acknowledge receipt of comments, and
TTB considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, 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
TTB will post, and you may view, copies of this document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2015-0004 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 148. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
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 email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this document, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that TTB receives about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street NW., Washington, DC
20005. You may also obtain copies at 20 cents per 8.5 x 11-inch page.
Please note that TTB is unable to provide copies of USGS maps or other
similarly-sized documents that may be included as part of the AVA
petition. Contact TTB's 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
TTB certifies 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
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.___ to read as follows:
Sec. 9. Los Olivos District.
(a) Name. The name of the viticultural area described in this
section is ``Los Olivos District''. For purposes of part 4 of this
chapter, ``Los Olivos District'' and ``Los Olivos'' are terms of
viticultural significance.
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Los Olivos District viticultural area are titled:
(1) Los Olivos, CA, 1995;
(2) Zaca Creek, Calif., 1959;
(3) Solvang, CA, 1995; and
(4) Santa Ynez, CA, 1995.
(c) Boundary. The Los Olivos District viticultural area is located
in Santa Barbara County, California. The boundary of the Los Olivos
District viticultural area is as described below:
(1) The beginning point is on the Los Olivos map at the
intersection of Foxen Canyon Road with California State Road 154 (known
locally as San Marcos Pass Road/Chumash Highway), section 23, T7N/R31W.
(2) From the beginning point, proceed southwesterly in a straight
line approximately 0.3 mile, crossing onto the Zaca Creek map, to the
intersection of Ballard Canyon Road and an unnamed, unimproved road
known locally as Los Olivos Meadows Drive, T7N/R31W; then
(3) Proceed south-southeasterly in a straight line approximately 1
mile, crossing onto the Los Olivos map, to a marked, unnamed structure
within a circular-shaped 920-foot contour line in the southwest corner
of section 26, T7N/R31W; then
(4) Proceed south-southwesterly in a straight line approximately
1.25 miles, crossing onto the Zaca Creek map, to the point marked by
the ``Ball'' 801-foot elevation control point, T6N/R31W; then
(5) Proceed south-southwesterly in a straight line approximately
1.45 miles, crossing onto the Solvang map, to a marked, unnamed 775-
foot peak, T6N/R31W; then
(6) Proceed south-southwesterly in a straight line approximately
0.55 mile to a marked communication tower located within the 760-foot
contour line, T6N/R31W; then
(7) Proceed south in a straight line approximately 0.6 mile to the
intersection of Chalk Hill Road with an unnamed creek descending from
Adobe Canyon, northwest of the unnamed road known locally as
Fredensborg Canyon Road, T6N/R31W; then
(8) Proceed southwesterly (downstream) along the creek
approximately 1 mile to the creek's intersection with the Santa Ynez
River, T6N/R31W; then
(9) Proceed easterly (upstream) along the Santa Ynez River
approximately 8 miles, crossing onto the Santa Ynez map, to the river's
intersection with State Highway 154, T6N/R30W; then
(10) Proceed north-northwest in a straight line approximately 1.2
miles to the marked 924-foot elevation point, T6R/R30W; then
[[Page 11361]]
(11) Proceed north-northwest in a straight line 1.2 miles to the
``Y'' in an unimproved road 0.1 mile south of the 800-foot contour
line, west of Happy Canyon Road, T6R/R30W; then
(12) Proceed north-northwest in a straight line for 0.5 mile,
crossing onto the Los Olivos map, and continuing approximately 2.3
miles to the third intersection of the line with the 1,000-foot contour
line northwest of BM 812, T7N/R30W; then
(13) Proceed westerly along the meandering 1,000-foot contour line
to the contour line's intersection with an unnamed, unimproved road, an
unnamed light-duty road, and the northern boundary line of section 23,
T7N/R31W; then
(14) Proceed northerly, then westerly, along the unnamed,
unimproved road to Figueroa Mountain Road, near the marked 895-foot
elevation, T7N/R31W; then
(15) Proceed north on Figueroa Mountain Road approximately 400 feet
to the 920-foot contour line, T7N/R31W; then
(16) Proceed initially south, then northeasterly along the
meandering 920-foot contour line, crossing onto the Zaca Creek map, to
Foxen Canyon Road, T7N/R31W; then
(17) Proceed southeasterly on Foxen Canyon Road approximately 1.7
miles, crossing onto the Los Olivos map, returning to the beginning
point.
Dated: February 23, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-04253 Filed 3-2-15; 8:45 am]
BILLING CODE 4810-31-P