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approximately 0.2 mile, returning to the and quality of the product. The Alcohol Paso Robles Expansion Petition point of beginning. and Tobacco Tax and Trade Bureau Background Signed: December 5, 2008. (TTB) administers the regulations John J. Manfreda, promulgated under the FAA Act. Previous Petitions Part 4 of the TTB regulations (27 CFR On October 4, 1983, the Bureau of Administrator. part 4) allows the establishment of Approved: December 19, 2008. Alcohol, Tobacco and Firearms (ATF) definitive viticultural areas and the use published a final rule, T.D. ATF–148 (48 Timothy E. Skud, of their names as appellations of origin Deputy Assistant Secretary (Tax, Trade, and FR 45239), to establish the ‘‘Paso on wine labels and in wine Robles’’ American viticultural area Tariff Policy). advertisements. Part 9 of the TTB [FR Doc. E9–990 Filed 1–16–09; 8:45 am] (AVA) in northern San Luis Obispo regulations (27 CFR part 9) contains the County, California (see 27 CFR 9.84). As BILLING CODE 4810–31–P list of approved viticultural areas. established, the Paso Robles AVA was Definition entirely within the Central Coast AVA DEPARTMENT OF THE TREASURY Section 4.25(e)(1)(i) of the TTB (27 CFR 9.75) and, to the west, it regulations (27 CFR 4.25(e)(1)(i)) defines bordered the much smaller York Alcohol and Tobacco Tax and Trade a viticultural area for American wine as Mountain AVA (27 CFR 9.80). In 1983, Bureau a delimited grape-growing region the Paso Robles AVA contained distinguishable by geographical approximately 5,000 acres of vineyards. 27 CFR Part 9 features, the boundaries of which have As established, the Paso Robles AVA been recognized and defined in part 9 was defined by the San Luis Obispo- [Docket No. TTB–2008–0005; T.D. TTB–72; Monterey county line in the north, the Re: Notice No. 85] of the regulations. These designations allow vintners and consumers to Cholame Hills to the east, and the Santa RIN 1513–AB47 attribute a given quality, reputation, or Lucia Mountains to the south and west. other characteristic of a wine made from According to T.D. ATF–148, the Santa Expansion of the Paso Robles Lucia Mountains largely protect the Viticultural Area (2008R–073P) grapes grown in an area to its geographical origin. The establishment Paso Robles AVA from the intrusion of AGENCY: Alcohol and Tobacco Tax and of viticultural areas allows vintners to marine air and fog from the Pacific Trade Bureau, Treasury. describe more accurately the origin of Ocean, giving the Paso Robles AVA a ACTION: Final rule; Treasury decision. their wines to consumers and helps drier and warmer summertime climate consumers to identify wines they may than regions to the west and south. SUMMARY: This Treasury decision purchase. Establishment of a viticultural However, in T.D. ATF–216 establishing expands by 2,635 acres the existing area is neither an approval nor an the Central Coast AVA, 50 FR 43128 609,673-acre Paso Robles American endorsement by TTB of the wine (October 24, 1985), ATF recognized that viticultural area in San Luis Obispo produced in that area. there was, to a lesser degree, marine County, California. The expanded Paso influence on the climate in Paso Robles. Robles viticultural area lies entirely Requirements The Paso Robles AVA also is within San Luis Obispo County and the Section 4.25(e)(2) of the TTB characterized by day to night multicounty Central Coast viticultural regulations outlines the procedure for temperature changes of 40 to 50 degrees, area. We designate viticultural areas to proposing an American viticultural area annual rainfall of 10 to 25 inches, 600 allow vintners to better describe the and provides that any interested party to 1,000 foot elevations, and well- origin of their wines and to allow may petition TTB to establish a grape- drained, alluvial soils in terrace consumers to better identify wines they growing region as a viticultural area. deposits. may purchase. Petitioners may use the same procedure Lacking a feasible way to use physical DATES: Effective Dates: February 20, to request changes involving existing features, such as ridge lines, to define 2009. viticultural areas. Section 9.3(b) of the the boundary of the Paso Robles AVA, the original petitioner largely used a FOR FURTHER INFORMATION CONTACT: N.A. TTB regulations requires the petition to series of township and range lines and Sutton, Regulations and Rulings include— • point-to-point lines to delineate the Division, Alcohol and Tobacco Tax and Evidence that the proposed AVA’s boundary. The southernmost Trade Bureau, 925 Lakeville St., No. viticultural area is locally and/or portion of the Paso Robles AVA was 158, Petaluma, CA 94952; phone 415– nationally known by the name specified delineated to the south by the east-west 271–1254. in the petition; • Historical or current evidence that T29S/T30S township boundary line and SUPPLEMENTARY INFORMATION: supports setting the boundary of the to the east by the north-south R13E/ Background on Viticultural Areas proposed viticultural area as the R14E range line. petition specifies; On June 13, 1996, ATF published a TTB Authority • Evidence relating to the final rule, T.D. ATF–377 (61 FR 29952), Section 105(e) of the Federal Alcohol geographical features, such as climate, expanding the Paso Robles AVA along Administration Act (FAA Act), 27 soils, elevation, and physical features a portion of its western boundary. This U.S.C. 205(e), authorizes the Secretary that distinguish the proposed expansion added approximately 52,618 of the Treasury to prescribe regulations viticultural area from surrounding areas; acres of land similar to that contained for the labeling of wine, distilled spirits, • A description of the specific in the original AVA. The expansion and malt beverages. The FAA Act boundary of the proposed viticultural added to the AVA seven vineyards requires that these regulations, among area, based on features found on the containing 235 acres of grapes planted other things, prohibit consumer United States Geological Survey (USGS) after the 1983 establishment of the Paso deception and the use of misleading maps; and Robles AVA. The Paso Robles AVA, as statements on labels, and ensure that • A copy of the appropriate USGS expanded, remained entirely within San labels provide the consumer with map(s) with the proposed viticultural Luis Obispo County and the Central adequate information as to the identity area’s boundary prominently marked. Coast AVA, and this westerly expansion

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did not extend into the York Mountain northward through the valley to the city more closely align the southernmost AVA or change the AVA’s original of Paso Robles than it was going boundary of the Paso Robles AVA with southern boundary. southward over the mountains to the the Santa Lucia Range by encompassing city of San Luis Obispo. The petition most of the portion of the Santa Current Southern Expansion Petition also states that, because of the stated Margarita Valley that is currently In 2007, the Paso Robles AVA historic and other ties, local residents outside the AVA. The petition explains Committee (PRAVAC) submitted a and members of the Paso Robles wine that beyond the proposed expansion petition to TTB requesting a 2,635-acre industry have assumed that the entire area to the south is the narrowed expansion of the Paso Robles AVA. The Santa Margarita Valley was within the terminus of the Santa Margarita Valley, petition states that the PRAVAC original Paso Robles AVA boundary line with steep terrain on three sides and represents a broad cross section of the and have referenced the area as such. inadequate groundwater and warmth to Paso Robles wine industry and notes According to the petition, other sustain commercial viticulture. that its 59 grape grower and winery sources also show the entire Santa According to the petition, the members collectively own or manage Margarita Valley as falling within the viticultural history of the Santa over 10,000 acres of vineyards within Paso Robles region. For example, the Margarita Valley began with the arrival the Paso Robles AVA. Paso Style Living real estate Web site of Spanish missionaries, who, among The proposed expansion area is (http://www.pasostyleliving.com/pages/ other things, brought grapes and immediately south of the current pasoarea.htm) describes the Santa winemaking to the Paso Robles area southernmost boundary of the Paso Margarita area as ‘‘the Southern edge of over 200 years ago. Near present-day Robles AVA, which boundary is Paso wine country.’’ A 1928 soil survey Santa Margarita, the missionaries built delineated by the T29S/T30S township map of the Paso Robles area submitted the Santa Margarita de Cortona line, as shown on the 1:250,000-scale with the petition also shows the entire Asistencia in 1787, which functioned as USGS San Luis Obispo map used to Santa Margarita Land Grant as being an outpost of the mission located at San define the AVA’s boundary. As noted in within the Paso Robles region. In Luis Obispo and which served as a the petition, the Paso Robles AVA’s addition, the ‘‘1978 General Soil Map of current southernmost boundary line chapel, farmstead, and storehouse for the Paso Robles Area—San Luis Obispo grain grown in the valley. See page 39 bisects the southern portion of the Santa County,’’ published by the U.S. Margarita Valley, leaving a significant of the ‘‘History of San Luis Obispo Department of Agriculture, Soil County, California, with Illustrations portion of the valley’s southern end Conservation Service, University of outside the AVA boundary as currently and Biographical Sketches of its California Agricultural Experiment Prominent Men and Pioneers,’’ by defined. The proposed expansion Station, includes the proposed Paso would, therefore, bring most of the Myron Angel, Thompson & West, 1883, Robles AVA expansion area within the reprinted by Howell-North Books, 1966, remainder of the Santa Margarita Valley Paso Robles region of the county. within the AVA, as shown on the which was included with the petition. 1:24,000 USGS Lopez Mountain map Boundary Evidence According to the Angel publication, submitted with the petition. (TTB notes The proposed triangle-shaped in 1861 the land surrounding the that, while not used to formally define expansion of the Paso Robles AVA Asistencia site was purchased by Mary the AVA’s boundary in the proposed would move its southernmost point and Martin Murphy, who also owned regulatory text, the Lopez Mountain approximately 2.6 miles south to portions of other land grants within the map provides significantly more encompass most of that portion of the Paso Robles region. Under their geographical detail regarding the Santa Margarita Valley currently not ownership, the petition states, the Santa expansion area due to its smaller scale.) included within the AVA. Also, the Margarita area developed a strong The proposed southern expansion proposed expansion area would attachment to the more commercialized also lies totally within San Luis Obispo lengthen by the same distance the Paso Robles area to its north. By 1889, County and the existing Central Coast portion of the eastern boundary the petition explains, an extension of AVA, and it would not overlap or commonly shared by the Paso Robles the Southern Pacific Railroad ran south otherwise affect any other established or and Central Coast AVAs. from Paso Robles along the Salinas currently proposed new AVA. The petition describes the proposed River to the small settlement of Santa According to the petition, the expansion area as part of the ‘‘cohesive Margarita. See pages 34 and 75 of ‘‘Rails distinguishing features of the proposed geographical unit’’ of the Santa Across the Ranchos,’’ by Loren expansion area, including its geological Margarita Valley. Nestled between the Nicholson, Valley Publishers, 1993. The history, geomorphology, soils, Santa Lucia Range and the Salinas USGS San Luis Obispo regional map topography, and climate, are similar to River, the Santa Margarita Valley lies on shows the Southern Pacific Railway those found in the southern region of both sides of the existing southern running south from the city of Paso the original Paso Robles AVA. boundary line of the Paso Robles AVA. Robles across the relatively flat valley to The petition describes the southernmost the town of Santa Margarita, where it Name Evidence boundary line of the original Paso begins a twisting climb up and over the The petition states that the ‘‘Paso Robles AVA, which boundary line Santa Lucia Mountains to the city of San Robles’’ geographical name applies to follows the T29S/T30S township line Luis Obispo. the proposed southern expansion of the and bisects the Santa Margarita Valley, In 2000, the petition explains, the Paso Robles AVA due to the historic, as an ‘‘imaginary, indiscernible Robert Mondavi Winery leased more geographic, commercial, and cultural boundary in the landscape, not defined than 1,000 acres in the southern Santa ties between the Santa Margarita Valley by any topographic or other Margarita Valley for commercial and the Paso Robles region of San Luis environmental parameters.’’ vineyard development. This acreage is Obispo County. These ties resulted from As explained in T.D. ATF–148, the bisected by the current southernmost the northward orientation of the valley, Paso Robles AVA is bounded on the boundary of the Paso Robles AVA. At which is enclosed to the south and west west and south by the Santa Lucia the time of the petition, vineyards by the Santa Lucia Mountains. Mountain range. The proposed southern covered 800 of the 1,000 acres, with Historically, travel was easier going expansion, the petition explains, would plantings located on both sides of the

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existing Paso Robles AVA boundary petition states, the global scale climate Santa Margarita Valley area, then line, according to the petition. classification system of Koppen, Geiger deposited a series of broad alluvial fans and Pohl (1953) labels the great majority and terraces across the older Salinas Distinguishing Features of the Paso Robles region as a River alluvial fill, Dr. Elliott-Fisk The proposed expansion of the Paso Mediterranean warm summer climate explains. She notes that these alluvial Robles AVA relies on the Santa (Csb), while the region to the east has a terraces extend north and south of the Margarita Valley’s uniform topography, Mediterranean hot summer climate current Paso Robles AVA boundary line climate, soils, geologic history, and (Csa). and exist throughout the proposed geomorphology. These geographical Dr. Elliott-Fisk states that the climate expansion area. features, the petition notes, are the same of the Santa Margarita Valley is To the east, south, and west of the throughout the valley, which is classified as a cool region II climate of proposed Paso Robles AVA expansion, currently bisected by the southernmost approximately 2,900 degree days under Dr. Elliott-Fisk explains, the geology of boundary line of the existing Paso the Winkler climate classification the landscape is unsuitable for Robles AVA. The Santa Margarita system, which is based on the heat commercial production of wine grapes. Valley, which makes up the portion of accumulation during the growing She states that, to the east, granitic rocks the Salinas River Valley containing season. This classification is found on on the mountainsides make the area Santa Margarita and Rinconada Creeks, both sides of the existing southernmost difficult to farm, and the weathering and extends south from the city of Paso Robles AVA boundary. (As a failure of near-surface rock make road Atascadero, through the town of Santa measurement of heat accumulation building difficult. Also, to the south, Margarita, and continues south- during the growing season, 1 degree day and at the narrowed southern terminus southeastward through the proposed accumulates for each degree Fahrenheit of the Santa Margarita Valley, expansion area, according to the USGS that a day’s mean temperature is above Franciscan conglomerate rock underlies San Luis Obispo regional map and the 50 degrees, which is the minimum the shallow alluvium creating an petition. temperature required for grapevine environment lacking in adequate Professor Deborah L. Elliott-Fisk, growth. In the Winkler system, climatic groundwater. To the west, the landscape Ph.D, of the University of California, region I has less than 2,500 degree days includes massive units of the late Davis, an expert on the geography and per year; region II, 2,501 to 3,000; region Cretaceous Franciscan and Great Valley terroir of California and viticultural area III, 3,001 to 3,500; region IV, 3,501 to formations, consisting of hard marine designations, researched and provided 4,000; and region V, 4,001 or more. See sandstones and conglomerates on steep the data for the distinguishing features pages 61–64 of ‘‘General Viticulture,’’ by mountain slopes, making the terrain discussed in the petition. According to Albert J. Winkler, University of unsuitable for viticulture. the petition, Dr. Elliott-Fisk also California Press, 1974.) coordinated the data and analyses Regarding the southern end of the Soils supplied by meteorologist Donald Santa Margarita Valley that lies beyond Similar soils exist on both sides of the Schukraft, Western Weather Group, the proposed expansion, Dr. Elliott-Fisk current Paso Robles AVA southern LLC, and other experts. explains that the steep topography east, boundary line, according to the current south, and west of the narrow valley USDA soil survey for the Paso Robles Climate floor causes increases in relief Area of San Luis Obispo County The climate of the Paso Robles AVA precipitation and evening settling of (Lindsey, 1978). Climate, parent as a whole, according to Dr. Elliott-Fisk, cold, dense air at the valley’s terminus. material, topography, and time, Dr. has smaller monthly temperature ranges Local farmers, the petition explains, Elliott-Fisk states, all contribute to the and less continental influence than the state that air temperatures at the far soil type similarities that extend the inland areas further to the east, but is southern end of the valley are too cold length of the Santa Margarita Valley. less influenced by Pacific marine air to produce quality wine grapes. The soils of the Santa Margarita Valley, and fog than the coastal regions to the Geology Dr. Elliott-Fisk explains, include the west due to the blocking effect of the deep gravelly loam soils of late mid- Santa Lucia Mountains. As part of the The geological features that Quaternary age, grading into shallower larger Paso Robles region, the Santa characterize the southern region of the clay loam soils against bedrock on the Margarita Valley has climatic conditions Paso Robles AVA continue across the hillsides. Also, younger alluvial similar to the Paso Robles AVA, Dr. southernmost boundary line of the deposits dominate the flood plains of Elliott-Fisk notes, and these conditions viticultural area and are found the valley’s creeks. exist on both sides of the existing throughout the Santa Margarita Valley, The soils and terrain to the south, southernmost boundary of the AVA, including the proposed expansion area. east, and west of the proposed southern which passes from west to east through Dr. Elliott-Fisk explains that the Salinas expansion of the Paso Robles AVA are, the valley. Dr. Elliott-Fisk adds that River originally formed the Santa however, unsuitable for commercial other climate similarities found within Margarita Valley through a process of viticulture, Dr. Elliott-Fisk explains. To the valley on either side of the existing soil erosion and deposition, while the the south, the soils of the valley floor AVA boundary include cold air complex faulting of the Santa Lucia include clay loams with low water drainage, cold air ponding under Range formed a graben basin that permeability, high water capacity, and temperature inversions, and similar extends along the valley floor and moderate shrink-swell potential, while frost patterns, especially early in the crosses the existing Paso Robles AVA the mountain slopes to the east and west growing season. Also, annual southernmost boundary line. Later, Dr. have a shallow topsoil, small rooting precipitation in the valley averages 29 Elliott-Fisk notes, the Salinas River zones for grapevines, and an erosion inches, while regions to the east are carved a new channel to the east potential, making those areas unsuitable drier and the coastal mountains to the through the soft Monterey Formation for viticulture. west are wetter. shales along the Rinconada Fault as the These climatic similarities also are San Andreas Fault zone became more Evidence Summary evidenced by various climate active. Rinconada Creek, a primary The PRAVAC petition, including Dr. classification systems. For example, the tributary of the Salinas River in the Elliott-Fisk’s discussion of the proposed

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expansion area’s distinguishing features proposed extends eastward beyond the Boundary Description and a detailed letter from vineyard Central Coast viticultural area boundary See the modified narrative boundary developer and manager Neil Roberts, line. In contrast, the current Paso Robles description reflecting the expanded emphasizes that similar geological, viticultural area and the southern viticultural area in the regulatory text geographical, and climatic conditions expansion area covered by the PRAVAC amendment published at the end of this extend through the Santa Margarita petition are entirely within the Central document. Valley, which encompasses a portion of Coast viticultural area. Moreover, the the existing Paso Robles AVA as well as eastern boundary line of the PRAVAC- Maps the proposed expansion area. The proposed southern expansion area The petitioner provided the required landforms, topography, and geology shares a portion of, but does not cross map pertaining to the expansion, and features that form the Santa Margarita over, the eastern boundary line of the we list it below in the amended Valley, the petition explains, are similar Central Coast viticultural area. regulatory text. both north and south of the existing Paso Robles AVA southernmost TTB notes that in the final rule that Impact on Current Wine Labels boundary line. Also, the valley’s established the Central Coast The expansion of the Paso Robles climate, as reflected by Winkler’s viticultural area, T.D. ATF–216, the viticultural area does not affect any degree-day values, and its soil types, as ‘‘Geographical Features Which Affect currently approved wine labels. The documented in the 1978 USDA soil Viticultural Features’’ section states that survey for the Paso Robles Area of San ‘‘the eastern boundary of the Central approval of this expansion may allow Luis Obispo County, show strong Coast viticultural area is drawn at the additional vintners to use ‘‘Paso Robles’’ similarities on both sides of the current approximate inland limit of the marine as an appellation of origin on their wine Paso Robles AVA southernmost influence on climate.’’ This finding labels. Part 4 of the TTB regulations boundary line. The petition adds that regarding the Central Coast AVA is prohibits any label reference on a wine vineyards are farmed the same way relevant because it also addressed the that indicates or implies an origin other north and south of the current Paso Paso Robles viticultural area within it. than the wine’s true place of origin. For a wine to be labeled with a viticultural Robles AVA boundary line through the T.D. ATF–216 explains that the marine area name or with a brand name that valley and that these vineyards grow the influence traveling south from Monterey includes a viticultural area name or same varietals. Bay, through the Salinas River Valley, other term identified as being reaches the Paso Robles area but to a Notice of Proposed Rulemaking and viticulturally significant in part 9 of the lesser degree. Thus, the Paso Robles area Comments Received TTB regulations, at least 85 percent of is still under marine influence and the wine must be derived from grapes TTB published Notice No. 85 possesses microclimates characteristic regarding the proposed expansion of the grown within the area represented by of coastal valleys, especially in Paso Robles viticultural area in the that name or other term, and the wine comparison to areas that are farther Federal Register (73 FR 40474) on July must meet the other conditions listed in inland (such as the area identified by 15, 2008. In that notice, TTB invited 27 CFR 4.25(e)(3). Different rules apply comments by September 15, 2008, from Mr. Kahler in his request to further if a wine has a brand name containing all interested persons. We expressed expand the Paso Robles AVA). a viticultural area name or other particular interest in receiving In his comment and request on this viticulturally significant term that was comments concerning the similarity of proposed rulemaking action, Mr. Kahler used as a brand name on a label the proposed expansion area to the did not address the issue that his approved before July 7, 1986. See 27 currently existing Paso Robles proposed further expansion area CFR 4.39(i)(2) for details. viticultural area. extends beyond the current boundary of Regulatory Flexibility Act TTB received eight comments in the Central Coast viticultural area and response to Notice No. 85. Seven of the outside the determined approximate We certify that this regulation will not comments supported the expansion of inland limit of the marine influence on have a significant economic impact on the Paso Robles viticultural area as climate. Thus, TTB has concluded, after a substantial number of small entities. proposed. One commenter, Justin careful consideration, that it does not This regulation imposes no new Kahler, supported a southern expansion have sufficient information to establish reporting, recordkeeping, or other of the Paso Robles viticultural area, but the eastward expansion requested by administrative requirement. Any benefit disagreed with the eastern portion of the Mr. Kahler in this final rule. Such derived from the use of a viticultural proposed new boundary line. expansion may be the subject of a future area name is the result of a proprietor’s Mr. Kahler requested that the rulemaking action. efforts and consumer acceptance of proposed expansion of the Paso Robles wines from that area. Therefore, no viticultural area continue eastward TTB Finding regulatory flexibility analysis is approximately 2.5 miles generally along required. Las Pilitas Road, incorporating sections After careful review of the petition 6, 5, 4, and 33, Township 30 South and and comments received, TTB finds that Executive Order 12866 Range 14 East, of the Lopez Mountain the evidence submitted supports the This rule is not a significant and Santa Margarita Lake USGS expansion of the viticultural area as regulatory action as defined by quadrangle maps. Mr. Kahler stated in proposed by the PRAVAC. Therefore, Executive Order 12866. Therefore, it his request that the additional under the authority of the Federal requires no regulatory assessment. expansion area was entirely within the Alcohol Administration Act and part 4 multi-county Central Coast viticultural of our regulations, we amend our Drafting Information area. Upon review of Mr. Kahler’s regulations to expand the Paso Robles N.A. Sutton of the Regulations and request for an expansion larger than viticultural area in San Luis Obispo Rulings Division drafted this notice. originally proposed for the Paso Robles County, California, effective 30 days List of Subjects in 27 CFR Part 9 viticultural area, TTB found that the from the publication date of this additional area that Mr. Kahler document. Wine.

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The Regulatory Amendment EQUAL EMPLOYMENT OPPORTUNITY within the meaning of section 3(d)(3) of COMMISSION Executive Order 12866. ■ For the reasons discussed in the preamble, we amend title 27 CFR, 29 CFR Parts 1601, 1603, 1605, 1610, Paperwork Reduction Act 1611, 1612, 1614, 1615, 1621 and 1626 chapter 1, part 9, as follows: This regulation contains no new RIN 3046–AA86 information collection requirements PART 9—AMERICAN VITICULTURAL subject to review by the Office of AREAS Change of Address for Headquarters Management and Budget under the and Washington Field Office ■ 1. The authority citation for part 9 Paperwork Reduction Act (44 U.S.C. continues to read as follows: AGENCY: Equal Employment chapter 35). Opportunity Commission. Authority: 27 U.S.C. 205. Regulatory Flexibility Act ACTION: Final rule. The Commission certifies under 5 Subpart C—Approved American SUMMARY: This final rule amends U.S.C. 605(b) that this rule will not have Viticultural Areas existing EEOC regulations by changing a significant economic impact on a two office addresses and one post office substantial number of small entities ■ 2. Section 9.84 is amended by revising box. because it does not affect any small paragraphs (b), (c)(7), and (c)(8), DATES: Effective Date: January 21, 2009. business entities. The regulation affects redesignating paragraphs (c)(9) and FOR FURTHER INFORMATION CONTACT: only the Equal Employment (c)(10) as (c)(10) and (c)(11), and adding Thomas J. Schlageter, Assistant Legal Opportunity Commission. For this a new paragraph (c)(9). The revisions Counsel, (202) 663–4668, or Erin N. reason, a regulatory flexibility analysis and addition read as follows: Norris, Attorney, (202) 663–4876, Office is not required. of Legal Counsel, 131 M St., NE., § 9.84 Paso Robles. Washington, DC 20507. Copies of this Unfunded Mandates Reform Act of 1995 * * * * * final rule are available in the following (b) Approved Map. The appropriate alternate formats: Large print, braille, This final rule will not result in the map for determining the boundary of electronic computer disk, and audio- expenditure by State, local, or tribal governments, in the aggregate, or by the the Paso Robles viticultural area is the tape. Requests for this notice in an private sector, of $100 million or more United States Geological Survey alternative formal should be made to the in any one year, and it will not 1:250,000-scale map of San Luis Obispo, Publications Center at 1–800–699–3362 significantly or uniquely affect small California, 1956, revised 1969, shoreline (voice), 1–800–800–3302 (TTY), or 703– governments. Therefore, no actions were revised and bathymetry added 1979. 821–2098 (FAX—this is not a toll free number). deemed necessary under the provisions (c) Boundaries. *** SUPPLEMENTARY INFORMATION: In of the Unfunded Mandates Reform Act * * * * * November and December of 2008, the of 1995. (7) Then in an easterly direction along Commission’s Headquarters relocated Congressional Review Act the T.29S. and T.30S. line for from 1801 L Street, NW., Washington, approximately 3.1 miles to its DC 20507 to 131 M Street, NE., This action pertains to the intersection with the eastern boundary Washington, DC 20507, and the Commission’s management, personnel line of the Los Padres National Forest; Commission’s Washington Field Office and organization and does not relocated from 1801 L Street, NW., Suite (8) Then in a southeasterly direction substantially affect the rights or 100, Washington, DC 20507 to 131 M along the eastern boundary line of the obligations of non-agency parties and, Street, NE., Fourth Floor, Suite accordingly, is not a ‘‘rule’’ as that term Los Padres National Forest for 4NW02F, Washington, DC 20507. approximately 4.1 miles to its is used by the Congressional Review Act Telephone numbers for Commission (Subtitle E of the Small Business intersection with the R.13E. and R.14E. employees have not changed. In Regulatory Enforcement Fairness Act of line; addition, the Commission’s Office of 1996 (SBREFA)). Therefore, the (9) Then in a northerly direction along Federal Operations began using a new reporting requirement of 5 U.S.C. 801 the R.13E. and R.14E. line for post office box effective December 1, does not apply. approximately 8.7 miles to its 2008: P.O. Box 77960, Washington, DC intersection with the T.28S. and T.29S. 20013. The previous post office box List of Subjects in 29 CFR Parts 1601, line; address will remain in effect 1603, 1605, 1610, 1611, 1612, 1614, temporarily, but individuals wishing to 1615, 1621, 1626 * * * * * file appeals, petitions, notice, etc. under Dated: December 5, 2008. 29 CFR Parts 1603 and 1614 with the Administrative practice and John J. Manfreda, Office of Federal Operations via mail procedure, Equal Employment Opportunity. Administrator. should begin using the new post office Approved: December 16, 2008. box address now. This Final Rule For the Commission. modifies 29 CFR Parts 1601, 1603, 1605, Timothy E. Skud, Dated: January 13, 2009. 1610, 1611, 1612, 1614, 1615, 1621, and Naomi C. Earp, Deputy Assistant Secretary (Tax, Trade, and 1626 to reflect the change of address. Tariff Policy). Chair. Regulatory Procedures [FR Doc. E9–994 Filed 1–16–09; 8:45 am] ■ Accordingly, the Equal Employment BILLING CODE 4810–31–P Executive Order 12866 Opportunity Commission amends 29 This action pertains to agency CFR parts 1601, 1603, 1605, 1610, 1611, organization, management or personnel 1612, 1614, 1615, 1621, and 1626 as matters and therefore is not a rule follows:

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