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Signed: March 15, 2004. establishment of definitive viticultural the use of brand names of viticultural Arthur J. Libertucci, areas and the use of their names as significance, such as the name of a Administrator. appellations of origin on wine labels State, county, or viticultural area, unless and in wine advertisements. Title 27 the wine meets the appellation of origin Approved: April 27, 2004. CFR Part 9, American Viticultural requirements for the named geographic Timothy E. Skud, Areas, contains the list of approved area. Deputy Assistant Secretary (Tax, Trade, and viticultural areas. With the establishment of the ‘‘San Tariff Policy). Bernabe’’ viticultural area, its name, like [FR Doc. 04–14651 Filed 6–28–04; 8:45 am] Definition that of the existing ‘‘San Lucas’’ BILLING CODE 4810–31–P Title 27 CFR 4.25(e)(1) defines an viticultural area, becomes a term of American viticultural area as a viticultural significance. Wine bottlers delimited grape-growing region using ‘‘San Bernabe’’ or ‘‘San Lucas’’ in DEPARTMENT OF THE TREASURY distinguishable by geographic features a brand name, including a trademark, or whose boundary has been delineated in in another label reference, must ensure Alcohol and Tobacco Tax and Trade subpart C of part 9. The establishment the product is eligible to use that Bureau of viticultural areas allows the viticultural area’s name as an identification of regions where a given appellation of origin. 27 CFR Part 9 quality, reputation, or other For a wine to be eligible to use a [T.D. TTB–14; Re: Notice No. 8] characteristics of the wine is essentially viticultural area name listed in part 9 of attributable to its geographic origin. The the TTB regulations as an appellation of RIN 1513–AA28 establishment of viticultural areas origin, at least 85 percent of the grapes used to make the wine must have been San Bernabe and San Lucas allows vintners to describe more grown within that viticultural area. If Viticultural Areas (2001R–170P) accurately the origin of their wines to consumers and helps consumers to the wine is not eligible to use the AGENCY: Alcohol and Tobacco Tax and identify the wines they purchase. viticultural area name and that name Trade Bureau, Treasury. Establishment of a viticultural area is appears in the wine’s brand name or in ACTION: Final rule; Treasury decision. neither an approval nor endorsement by another label reference, the label is not TTB of the wine produced there. in compliance and the bottler must SUMMARY: This Treasury decision change the brand name or other label establishes the San Bernabe viticultural Requirements reference and obtain approval of a new area and realigns the existing San Lucas Section 4.25(e)(2) outlines the label. viticultural area. Both viticultural areas procedure for proposing an American Different rules apply if a wine has a are within the Monterey viticultural viticultural area. Anyone interested may brand name containing a viticultural area in Monterey County, California, petition TTB to establish a grape- area name that was used as a brand and within California’s multi-county growing region as a viticultural area. name on a label approved before July 7, Central Coast viticultural area. The The petition must include— 1986. See 27 CFR 4.39(i) for details. • establishment of viticultural areas Evidence that the proposed San Bernabe and San Lucas Petitions allows vintners to describe more viticultural area is locally and/or accurately where their wines come from nationally known by the name specified We received two petitions from and enables consumers to better identify in the petition; Claude Hoover of Delicato Family the wines they purchase. • Historical or current evidence that Vineyards, Monterey, California, EFFECTIVE DATE: August 30, 2004. the boundaries of the proposed proposing the establishment of a new viticultural area to be named San FOR FURTHER INFORMATION CONTACT: N. viticultural area are as specified in the Bernabe, and the realignment of the A. Sutton, Program Manager, petition; • adjacent, established San Lucas Regulations and Procedures Division, Evidence relating to the viticultural area (27 CFR 9.56). Both Alcohol and Tobacco Tax and Trade geographical features, such as climate, viticultural areas are located in the Bureau, 6660 Delmonico Dr., #D422, soils, elevation, physical features, etc., Salinas Valley in central Monterey Colorado Springs, CO 80919; telephone that distinguish the proposed area from County, California. The two areas are 415–271–1254. surrounding areas; • A description of the proposed within the Monterey viticultural area SUPPLEMENTARY INFORMATION: viticultural area’s specific boundaries, (27 CFR 9.98) and the multi-county Background on Viticultural Areas based on features found on maps Central Coast viticultural area (27 CFR approved by the United States 9.75). TTB Authority Geological Survey (USGS); and The San Bernabe viticultural area The Federal Alcohol Administration • A copy of the appropriate USGS encompasses 24,796 acres of Act (FAA Act) at 27 U.S.C. 205(e) map(s) with the boundaries prominently predominantly rolling hills with sandy requires that alcohol beverage labels marked. soils and 7,636 acres of vineyards. The provide the consumer with adequate A petition requesting the modification realignment of the San Lucas information regarding a product’s of an established viticultural area must viticultural area transfers 1,281 acres of identity, while prohibiting the use of include the appropriate evidence and rolling, sandy land from the misleading information on such labels. maps as described above to support the northwestern San Lucas area to the The FAA Act also authorizes the requested modification(s). southern San Bernabe area. This Secretary of the Treasury to issue realignment avoids splitting a large regulations to carry out the Act’s Impact on Current Wine Labels vineyard between the two viticultural provisions. The Alcohol and Tobacco Part 4 of the TTB regulations prohibits areas, prevents overlapping boundary Tax and Trade Bureau (TTB) any label reference on a wine that lines between the two viticultural areas, administers these regulations. suggests an origin other than the wine’s and creates one common boundary line Regulations in 27 CFR Part 4, Labeling true place of origin. With certain between the San Bernabe viticultural and Advertising of Wine, allow the exceptions, the regulations also prohibit area and the San Lucas viticultural area.

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Name Evidence southwest boundary lines with the shale, and siltstone, which come from a According to the 1991 publication of surrounding Monterey viticultural area, different source material, according to ‘‘Monterey County Place Names, A which is, in turn, surrounded by the the petitioner. multi-county Central Coast viticultural Geographical Dictionary,’’ by Donald Climate Thomas Clark, Father Pedro Font, a area. The San Bernabe viticultural area The Salinas Valley forms a broad member of the California expedition of shares its south boundary line with the funnel for the strong, cool, afternoon Spanish explorer DeAnza, documented realigned San Lucas viticultural area’s marine winds coming off Monterey Bay the initial reference to San Bernabe on northwestern boundary. The transfer of during the warm months. The winds are March 8, 1776. He wrote in his diary, 1,281 acres of the San Lucas viticultural drawn inland and south through the ‘‘we had passed a spur of the Sierra de area to the San Bernabe viticultural area Salinas Valley by rising warm air that Santa Lucia * * *. The road at first runs helps to better define the geographical moderates the valley’s high and low through a spur of mountains, until it differences between the established San temperatures to varying degrees, descends to a wide valley called the Lucas area and the new San Bernabe producing a graduated effect in the Can˜ ada de San Bernabe.’’ Eventually the area while preventing the split of an valley. As a result, the San Bernabe area area became known as ‘‘Rancho San existing vineyard between the two is warmer than viticultural areas to the Bernabe.’’ viticultural areas. north, and closer to Monterey Bay, and The Thompson Canyon and San Growing Conditions cooler than the adjoining San Lucas Lucas USGS quadrangle maps viticultural area to the immediate south. prominently identify the area as San Topography The winds dissipate gradually as they Bernabe. The relevant Thomas Guide The San Bernabe viticultural area is travel inland from Monterey Bay and labels this area Rancho San Bernabe. located immediately south of King City create a series of temperature-unique, The TopoZone map Web site identifies in the long Salinas Valley. The grape-growing areas within the long this rural area as San Bernabe. approximately 9-mile-long and 7-mile- Salinas Valley. San Bernabe, at 60 miles The 13,000-acre San Bernabe vineyard wide viticultural area occupies the south of the Monterey Bay, averages a estate, owned by Delicato Family valley floor and rolling foothills, 30-degree daily temperature variation, Vineyards, has 7,636 acres planted to extending west from the Salinas River to while Salinas, at 17 miles from the grapes and sits almost entirely within the Santa Lucia Mountains. Unique Monterey Bay, averages a smaller 18- the new viticultural area. A small viticultural qualities of the San Bernabe degree daily temperature variation. portion of the vineyard estate, outside area include its climate, water quality, The cool night air helps retain the the San Bernabe viticultural area wind-produced eolian soils, and rolling grapes’ acid and color, while the daily boundaries, is unplanted and unsuitable hills. The 1,281 acres realigned from the heat encourages ripeness and flavor. for grape cultivation. According to the San Lucas viticultural area possess The San Bernabe area averages 30 frost- Delicato Family Vineyards petition, the similar eolian soils, rolling hills days annually, while Salinas, closer to San Bernabe vineyard estate is topography, and irrigation water quality Monterey Bay, averages only four frost- recognized as the largest continuous as found in the new San Bernabe days. vineyard estate under a single viticultural area. ownership in the free world. More rain falls at the Salinas Valley’s Soils extreme north and south ends, with less Boundary Evidence In the San Bernabe viticultural area, falling in the region between, which According to the 1991 ‘‘Monterey grapes are grown below the 700-foot includes the San Bernabe viticultural County Place Names, A Geographical elevation level on rolling hills in wind- area. At the valley’s north end, the city Dictionary,’’ the San Bernabe area land produced eolian soils. The Oceano, of Salinas averages 17.5 inches of grants were given to Jesus Molina in Garey, and Garey-Oceano complex annual rainfall, and, at the valley’s 1841 and in 1842 to Petronillo Rios. In eolian soil types, which are well to south end, Paso Robles averages 19 1842 Rios bought the Molina land grant excessively well-drained, dominate the inches. The San Bernabe area, between and the Rios family began raising cattle San Bernabe viticultural area. Small the two ends, averages only 13 inches of and crops on this land and producing niches of alluvial soils, derived from the annual rainfall. wine from their own grapes. The Rios shale-based Santa Lucia Mountains, lie Water Resources ranch, known as Rancho San Bernabe, within the area and immediately to the eventually became a successful vineyard north and south of the San Bernabe Irrigation water is used extensively in and wine producing property. boundary lines. the San Bernabe viticultural area’s In the 1970s Prudential-Southdown The larger, surrounding Monterey vineyards. The water comes from area purchased the San Bernabe acreage for viticultural area consists of only 1.6 reservoirs and contains only small vineyard development. In 1988 the percent eolian soils, and the alluvial amounts of carbonates and nitrates, Delicato family bought the San Bernabe Lockwood series soils dominate the which benefits the grapevines and soil. vineyard for its premium and super- adjacent San Lucas viticultural area. Toward the Monterey Bay, water quality premium wine market potential. The The realignment area possesses a declines as nitrate and carbonate levels San Bernabe vineyard estate occupies 52 predominance of the wind-produced increase. percent of the viticultural area of the eolian soils that contrast to the alluvial Notice of Proposed Rulemaking same name. type soils of the San Lucas area. Above The San Bernabe viticultural area and west of the 700-foot contour line, Comments boundary line connects benchmarks, the soils are derived from the shale- TTB published a notice of proposed mountain peaks, and other U.S.G.S. map based Santa Lucia Mountains. The rulemaking regarding the establishment geographical features by using straight bench soils along the east boundary are of the San Bernabe viticultural area and lines and several roads that follow the common to the Salinas River area. East the realignment of the San Lucas hilly terrain and soil changes. of the San Bernabe viticultural area viticultural area in the May 14, 2003, The San Bernabe viticultural area boundary line, the Gabilan Mountain Federal Register as Notice No. 8 (68 FR shares portions of its west and Range includes calcareous sandstone, 25851). In that notice, TTB requested

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comments by July 14, 2003, from all § 9.56 San Lucas. Salinas River, in Township 20 South interested persons. No comments were * * * * * (T20S) and Range 8 East (R8E). Proceed received in response to this Notice No. (c) Boundary. ***. southeast in a straight line for 2.35 miles 8. * * * * * to benchmark 304, at the intersection of a trail and the 300–foot contour line, TTB Finding (24) Then northeasterly approximately 1.3 miles to the 595-foot between U.S. Highway 101 and the TTB finds that the evidence submitted promontory, section 13, T21S, R8E Salinas River, in T20S and R8E (San with the petition supports the (Espinosa Canyon Quadrangle); Lucas Quadrangle); then establishment of the proposed San (25) Then northeasterly (2) Proceed southeast in a straight line Bernabe viticultural area and the approximately 0.6 mile to the for 2.9 miles to benchmark 336, between realignment of the existing San Lucas intersection of a meandering, unnamed, U.S. Highway 101 and the Salinas River, viticultural area. Therefore, under the light duty road and the fork of an in T20S and R8E (San Lucas authority of the Federal Alcohol intermittent stream, then continue Quadrangle); then Administration Act and part 4 of our meandering northeasterly, followed by (3) Proceed southeast in a straight line regulations, we establish the San southeasterly, approximately 1.1 miles for 3 miles to benchmark 340, between Bernabe viticultural area and realign the to its intersection with an unnamed, U.S. Highway 101 and the Salinas River, San Lucas viticultural area as described light duty road south of the windmill, in T21S and R9E (San Lucas in this final rule, effective 60-days from T21, R8E (Espinosa Canyon Quadrangle); then this document’s publication. Quadrangle); (4) Proceed south in a straight line for Regulatory Analyses and Notices (26) Then northeasterly along the 0.8 mile to the intersection of the unnamed road approximately 0.6 mile Salinas River and the Highway 198 Regulatory Flexibility Act to its intersection with the Salinas bridge, in T21S and R9E (Espinosa We certify that this rule will not have River, then continue 0.8 mile north in Canyon Quadrangle); then a significant economic impact on a a straight line to benchmark 340, (5) Proceed southwest along Highway substantial number of small entities. between U.S. Highway 101 and the 198 for 0.6 mile to its intersection with This rule imposes no new reporting, Salinas River, in T21S, R9E (San Lucas an unnamed light duty road, in T21S recordkeeping, or other administrative Quadrangle); and R9E (Espinosa Canyon Quadrangle); requirement. Any benefit derived from (27) Then approximately 0.4 mile then the use of a viticultural area name northwesterly in a straight line to the (6) Proceed northwest, followed by would be the result of a proprietor’s intersection with a water tank, then southwest, about 1.2 miles along the efforts and consumer acceptance of continues northeasterly in a straight line meandering, unnamed, light duty road wines from that area. Therefore, no approximately 0.7 mile, and return to to its intersection with the fork of an regulatory flexibility analysis is the point of beginning in the northwest intermittent stream, in T21S and R8E required. corner of section 5, in T21S, R9E (San (Espinosa Canyon Quadrangle); then Executive Order 12866 Lucas Quadrangle). (7) Proceed southwest in a straight I line for 0.6 mile to the 595-foot peak, This rule is not a significant 3. Subpart C is amended by adding § 9.171 to read as follows: Section 13, in T21S and R8E (Espinosa regulatory action as defined by Canyon Quadrangle); then Executive Order 12866, 58 FR 51735. § 9.171 San Bernabe. (8) Proceed southwest in a straight Therefore, it requires no regulatory (a) Name. The name of the viticultural line for 1.3 miles to the 788-foot peak, assessment. area described in this section is ‘‘San section 23, in T21S and R8E (Espinosa Drafting Information Bernabe’’. Canyon Quadrangle); then (b) Approved Maps. The appropriate (9) Proceed southwest in a straight The principal author of this document maps for determining the boundary of line for 0.7 mile to the intersection of is N.A. Sutton (Colorado) Regulations the San Bernabe viticultural area are the unimproved road and jeep trail, east and Procedures Division, Alcohol and four 1:24,000 scale, USGS topographic of the 73-degree longitudinal line, Tobacco Tax and Trade Bureau. maps. They are titled: section 26, in T21S and R8E (Espinosa List of Subjects in 27 CFR Part 9 (1) Thompson Canyon Quadrangle, Canyon Quadrangle); then Wine. California-Monterey County, 1949 (10) Proceed northwest in a straight (photorevised 1984); line for 3.2 miles to the northwest Authority and Issuance (2) San Lucas Quadrangle, California- corner of section 16, in T21S and R8E I For the reasons discussed in the Monterey County, 1949 (photorevised (Espinosa Canyon Quadrangle); then preamble, we amend 27 CFR, chapter 1, 1984); (11) Proceed southwest in a straight part 9 as follows: (3) Espinosa Canyon Quadrangle, line for 1.5 miles to the northeast corner California-Monterey County, 1949 of section 19, in T21S and R8E (Cosio PART 9—AMERICAN VITICULTURAL (photorevised 1979); and Knob Quadrangle); then AREAS (4) Cosio Knob Quadrangle, (12) Proceed southwest in a straight California-Monterey County, 1949 line for 2.2 miles to the southwest I 1. The authority citation for part 9 (photorevised 1984); corner of section 24, in T21S and R7E continues to read as follows: (c) Boundary. The San Bernabe (Cosio Knob Quadrangle); then Authority: 27 U.S.C. 205. viticultural area is located in central (13) Proceed north in a straight line Monterey County, south of King City, for 2 miles to the northwest corner of Subpart C—Approved American California, and west of U.S. Highway section 13, in T21S and R7E (Cosio Viticultural Areas 101. Knob Quadrangle); then (1) The point of beginning on the (14) Proceed east in a straight line for I 2. Amend § 9.56 to revise paragraphs Thompson Canyon Quadrangle is 1 mile to the northeast corner of section (c)(24) and (c)(25) and add paragraphs benchmark 304, located one-half mile 13, in T21S and R7E (Cosio Knob (c)(26) and (c)(27) to read as follows: southwest of King City, along the Quadrangle); then

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(15) Proceed north in a straight line potential confusion with multiple Accordingly, § 56.9000 has now been for 2 miles, along the R7E and R8E definitions. It provides the metal and deleted since berm and mobile common boundary line, to the nonmetal mining community a central equipment were the only definitions in northwest corner of section 6, in T21S location in the CFR where most that section. and R8E (Thompson Canyon definitions applicable to surface or IV. Part 57 Quadrangle); then underground metal and nonmetal mines (16) Proceed east in a straight line for can be found. Definitions that have a To eliminate potential confusion and 0.1 mile to the southwest corner of specific application to a particular redundancy with the definitions, the section 31 and continue diagonally to subpart have not been moved to subpart definitions for Auxiliary fan found in the northeast corner of section 31, in A. § 57.2 and § 57.22002, Booster fan found T20S and R8E (Thompson Canyon DATES: Effective Date: June 29, 2004. in § 57.2 and § 57.22002, Combustible Quadrangle); then FOR FURTHER INFORMATION CONTACT: material found in § 57.4000 and (17) Proceed west in a straight line for Marvin W. Nichols, Jr., Director, Office § 57.22002, Mobile equipment found in 2 miles to the southwest corner of of Standards, Regulations and § 57.9000 and § 57.14000, and section 25, in T20S and R7E (Thompson Variances, MSHA; 1100 Wilson Noncombustible material found in Canyon Quadrangle); then Boulevard, Room 2350, Arlington, § 57.4000 and § 57.22002, have been (18) Proceed due north in a straight Virginia 22209–3939; telephone (202) combined and moved to § 57.2, the line for 0.1 mile to the intersection with 693–9440; facsimile (202) 693–9441; or general definitions section to 30 CFR a light duty road, named Pine Canyon e-mail: [email protected]. This part 57. The definitions for berm and Road, in section 25, and continue notice is available on the Internet at mobile equipment have been moved to northeast along that road for 3.2 miles http://www.msha.gov/ § 57.2. Accordingly, § 57.9000 has now to its intersection with an unnamed REGSINFOR.HTM. been deleted since berm and mobile secondary highway, north of benchmark SUPPLEMENTARY INFORMATION: equipment were the only two 337, section 18, in T20S and R8E definitions in that section. (Thompson Canyon Quadrangle); then I. Discussion of Changes (19) Proceed northwest along the List of Subjects in 30 CFR Parts 56 and This technical amendment moves 57 unnamed secondary highway for 0.3 several definitions from subparts B, C, mile to its intersection with U.S. E, H, M and R of 30 CFR part 56; and Explosives, Ground control, Fire Highway 101, in T20S and R8E subparts B, C, E, H, M and T of 30 CFR prevention, Loading, hauling, dumping, (Thompson Canyon Quadrangle); then part 57 to the general definition section Machinery and equipment, Metal and (20) Proceed northeast along U.S. of subpart A of 30 CFR parts 56 and 57. nonmetal, Mine safety and health, Highway 101 for 0.7 mile to benchmark This action eliminates redundancy and Personnel hoisting. 304, returning to the point of beginning potential confusion with multiple Dated: June 23, 2004. (Thompson Canyon Quadrangle). definitions. It provides the metal and David Dye, Signed: April 26, 2004. nonmetal mining community a central Deputy Assistant Secretary of Labor for Mine Arthur J. Libertucci, location in the CFR where most Safety and Health. Administrator. definitions applicable to surface or underground metal and nonmetal mines I For the reasons set out in the preamble, Approved: May 26, 2004. can be found. Definitions that have a and under the authority of the Federal Timothy E. Skud, specific application to a particular Mine Safety and Health Act of 1977, Deputy Assistant Secretary, (Tax, Trade, and subpart have not been moved to subpart MSHA is amending chapter I, parts 56 Tariff Policy). A. and 57 of title 30 of the Code of Federal [FR Doc. 04–14652 Filed 6–28–04; 8:45 am] Regulations as follows: II. Procedural Matters BILLING CODE 4810–31–P PART 56—[AMENDED] Administrative Procedures Act The minor revisions contained in this I 1. The authority citation for part 56 DEPARTMENT OF LABOR notice are technical and nonsubstantive continues to read as follows: in nature. Accordingly, pursuant to 5 Mine Safety and Health Administration Authority: 30 U.S.C. 811. U.S.C. 553(b)(B) of the Administrative Procedures Act (APA), it has been I 2. Section 56.2 is revised to read as 30 CFR Parts 56 and 57 determined that the notice and follows: Definitions for Surface and comment procedures do not apply to § 56.2 Definitions. this action. For the same reason, it has Underground Metal and Nonmetal The following definitions apply in Mines been determined that in accordance with 5 U.S.C. 553(d), there is good cause this part. In addition definitions AGENCY: Mine Safety and Health to make these changes effective on the contained in any subpart of part 56 Administration (MSHA), Labor. date of publication in the Federal apply in that subpart. If inconsistent with the general definitions in this ACTION: Final rule; Technical Register. section, the definition in the subpart amendment. III. Part 56 will apply in that subpart: SUMMARY: This technical amendment To eliminate potential confusion and American Table of Distances means moves several definitions from subparts redundancy with the definitions, the the current edition of ‘‘The American B, C, E, H, M, and R of 30 CFR part 56, definition for Explosive found in § 56.2 Table of Distances for Storage of and from subparts B, C, E, H, M and T and § 56.6000, has been combined and Explosives’’ published by the Institute of 30 CFR part 57 to the general moved to § 56.2, the general definitions of Makers of Explosives. definitions section in subpart A of 30 section for 30 CFR part 56. The Approved means tested and accepted CFR parts 56 and 57 respectively. This definitions for berm and mobil for a specific purpose by a nationally action eliminates redundancy and equipment have been moved to § 56.2. recognized agency.

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