40474 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Proposed Rules

and perform other time-sensitive acts falling filing the claim. Section 6511(a) requires that ADDRESSES: You may send comments to on or after September 30, 2008, and on or a claim for refund be filed within three years one of the following addresses: before December 2, 2008, has been postponed from the time the return was filed or two • http://www.regulations.gov (via the to December 2, 2008. years from the time the tax was paid, online comment form for this notice as (iii) Because A’s principal residence is in whichever period expires later. Section posted within Docket No. TTB–2008– County W, A is an affected taxpayer. Because 6511(b)(2)(A) includes within the lookback October 15, 2008, the extended due date to period the period of an extension of time to 0005 at ‘‘Regulations.gov,’’ the Federal e-rulemaking portal); or file A’s 2007 Form 1040, falls within the file. Thus, payments that H and W made on • postponement period described in the IRS’s or after May 30, 2008, would be eligible to Director, Regulations and Rulings published guidance, A’s return is timely if be refunded. Since the period from April 15, Division, Alcohol and Tobacco Tax and filed on or before December 2, 2008. 2008, to May 30, 2008, is disregarded, Trade Bureau, P.O. Box 14412, However, the payment due date, April 15, payments H and W made on April 15, 2008 Washington, DC 20044–4412. 2008, preceded the postponement period. (including withholding or estimated tax See the Public Participation section of Thus, A will continue to be subject to failure payments deemed to have been made on this notice for specific instructions and to pay penalties and accrual of interest April 15, 2008), would also be included in requirements for submitting comments, during the postponement period. the section 6511(b)(2)(A) lookback period. and for information on how to request Example 7. (i) H and W, individual Thus, H and W are entitled to a full refund a public hearing. calendar year taxpayers, intend to file a joint in the amount of their overpayment. Form 1040 for the 2007 taxable year. The You may view copies of this notice, joint return is due on April 15, 2008. After (g) Proposed effective date. The selected supporting materials, and any credits for taxes withheld on wages and regulation, as proposed, applies to comments we receive about this estimated tax payments, H and W owe tax for Presidentially declared disasters or proposal at http://www.regulations.gov the 2007 taxable year. H’s and W’s principal terroristic or military actions occurring within Docket No. TTB–2008–0005. A residence is in County J in State W. on or after the date of publication of the link to that docket is posted on the TTB (ii) On March 1, 2008, severe flooding Treasury decision adopting these rules Web site at http://www.ttb.gov/wine/ strikes County J. On March 5, 2008, the as final regulations in the Federal wine_rulemaking.shtml under Notice President declares a disaster within the No. 85. You also may view copies of this meaning of section 1033(h)(3). Also on March Register. notice, all related petitions, maps or 5, 2008, the IRS determines that County J in Linda E. Stiff, State W is a covered disaster area and other supporting materials, and any Deputy Commissioner for Services and comments we receive about this publishes guidance announcing that the time Enforcement. period for affected taxpayers to file returns, proposal by appointment at the TTB pay taxes and perform other time-sensitive [FR Doc. E8–15939 Filed 7–14–08; 8:45 am] Information Resource Center, 1310 G acts falling on or after March 1, 2008, and on BILLING CODE 4830–01–P Street, NW., Washington, DC 20220. or before May 30, 2008, has been postponed Please call 202–927–2400 to make an to May 30, 2008. appointment. (iii) Because H’s and W’s principal DEPARTMENT OF THE TREASURY residence is in County J, H and W are FOR FURTHER INFORMATION CONTACT: N.A. affected taxpayers. Pursuant to the IRS’s Alcohol and Tobacco Tax and Trade Sutton, Regulations and Rulings grant of relief under section 7508A, H and W Bureau Division, Alcohol and Tobacco Tax and received a postponement of the time to file Trade Bureau, 925 Lakeville St., No. the joint return and pay the tax due until 27 CFR Part 9 158, Petaluma, CA 94952; phone 415– May 30, 2008. Therefore, H’s and W’s joint 271–1254. return without extension is timely if filed on [Notice No. 85; Docket No. TTB–2008–0005] or before May 30, 2008. Similarly, H’s and SUPPLEMENTARY INFORMATION: W’s 2007 income taxes will be timely paid RIN 1513–AB47 Background on Viticultural Areas if paid on or before May 30, 2008. TTB Authority (iv) On April 30, 2008, H and W timely file Proposed Expansion of the Paso Form 4868, ‘‘Application for Automatic Section 105(e) of the Federal Alcohol Extension of Time to File U.S. Individual Robles Viticultural Area (2008R–073P) Income Tax Return.’’ H’s and W’s extension Administration Act (FAA Act), 27 AGENCY: Alcohol and Tobacco Tax and U.S.C. 205(e), authorizes the Secretary will be deemed to have been filed on April Trade Bureau, Treasury. 15, 2008. Thus, H’s and W’s 2007 income tax of the Treasury to prescribe regulations return is timely filed if filed on or before ACTION: Notice of proposed rulemaking. for the labeling of wine, distilled spirits, October 15, 2008. and malt beverages. The FAA Act (v) H and W did not request or receive an SUMMARY: The Alcohol and Tobacco Tax provides that these regulations should, extension of time to pay. Therefore, pursuant and Trade Bureau proposes to expand among other things, prohibit consumer to section 7508A, H’s and W’s 2007 income by 2,635 acres the existing 609,673-acre deception and the use of misleading tax payment is due on May 30, 2008. H and Paso Robles American viticultural area statements on labels, and ensure that W will be subject to the failure to pay penalty in San Luis Obispo County, California. under section 6651(a)(2) and interest if H and labels provide the consumer with If this change is approved, the expanded adequate information as to the identity W do not pay the tax due on the 2007 joint Paso Robles viticultural area would return on or before May 30, 2008. H and W and quality of the product. The Alcohol will be subject to failure to pay penalties and continue to lie entirely within San Luis and Tobacco Tax and Trade Bureau accrual of interest beginning on May 31, Obispo County and within the multi- (TTB) administers the regulations 2008. county Central Coast viticultural area. promulgated under the FAA Act. Example 8. The facts are the same as in We designate viticultural areas to allow Part 4 of the TTB regulations (27 CFR Example 7 except that H and W file the joint vintners to better describe the origin of part 4) allows the establishment of 2007 return and pay the tax due on June 15, their wines and to allow consumers to definitive viticultural areas and the use 2008. Later, H and W discover additional better identify wines they may of their names as appellations of origin deductions that would lower their taxable purchase. We invite comments on this on wine labels and in wine income for 2007. On June 15, 2011, H and W proposed change to our regulations. file a claim for refund under section 6511(a). advertisements. Part 9 of the TTB The amount of H and W’s overpayment DATES: We must receive written regulations (27 CFR part 9) contains the exceeds the amount of taxes paid on June 15, comments on or before September 15, list of approved American viticultural 2008, the amount paid within three years of 2008. areas.

VerDate Aug<31>2005 13:24 Jul 14, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\15JYP1.SGM 15JYP1 ebenthall on PRODPC60 with PROPOSALS Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Proposed Rules 40475

Definition established, the Paso Robles AVA was which is delineated by the T29S/T30S Section 4.25(e)(1)(i) of the TTB entirely within the Central Coast AVA township line, as shown on the regulations (27 CFR 4.25(e)(1)(i)) defines (27 CFR 9.75) and, to the west, it 1:250,000-scale USGS San Luis Obispo a viticultural area for American wine as bordered the much smaller York map used to define the AVA’s a delimited grape-growing region Mountain AVA (27 CFR 9.80). In 1983, boundary. As noted in the petition, the the Paso Robles AVA contained Paso Robles AVA’s current southern- distinguishable by geographical approximately 5,000 acres of vineyards. most boundary line bisects the southern features, the boundaries of which have As established, the Paso Robles AVA portion of the Santa Margarita Valley, been recognized and defined in part 9 was defined by the San Luis Obispo- leaving a significant portion of the of the regulations. These designations Monterey county line in the north, the valley’s southern end outside the AVA allow vintners and consumers to Cholame Hills to the east, and the Santa boundary as currently defined. The attribute a given quality, reputation, or Lucia Mountains to the south and west. proposed expansion would, therefore, other characteristic of a wine made from According to T.D. ATF–148, the Santa bring most of the remainder of the Santa grapes grown in an area to its Lucia Mountains largely protect the Margarita Valley within the AVA, as geographic origin. The establishment of Paso Robles AVA from the intrusion of shown on the 1:24,000 USGS Lopez viticultural areas allows vintners to marine air and fog from the Pacific Mountain map submitted with the describe more accurately the origin of Ocean, giving the Paso Robles AVA a petition. (TTB notes that, while not used their wines to consumers and helps drier and warmer summer time climate to formally define the AVA’s boundary consumers to identify wines they may than regions to the west and south. The in the proposed regulatory text, the purchase. Establishment of a viticultural Paso Robles AVA also is characterized Lopez Mountain map provides area is neither an approval nor an by day to night temperature changes of significantly more geographical detail endorsement by TTB of the wine 40 to 50 degrees, annual rainfall of 10 regarding the expansion area due to its produced in that area. to 25 inches, 600 to 1,000 foot smaller scale.) Requirements elevations, and well-drained alluvial The proposed southern expansion soils in terrace deposits. also lies totally within San Luis Obispo Section 4.25(e)(2) of the TTB Lacking a feasible way to use physical County and the existing Central Coast regulations outlines the procedure for features, such as ridge lines, to define AVA, and it would not overlap or proposing an American viticultural area the Paso Robles AVA’s boundary, the otherwise affect any other established or and provides that any interested party original petitioner largely used a series currently-proposed new AVA. may petition TTB to establish a grape- of township and range lines and point- According to the petition, the growing region as a viticultural area. to-point lines to delineate the AVA’s distinguishing features of the proposed Petitioners may use the same procedure boundary. The southern-most portion of expansion area, including its geological to request changes involving existing the Paso Robles AVA was delineated to history, geomorphology, soils, viticultural areas. Section 9.3(b) of the the south by the east-west T29S/T30S topography, and climate, are similar to TTB regulations requires the petition to township boundary line and to the east those found in the southern region of include— by the north-south R13E/R14E range the original Paso Robles AVA. • Evidence that the proposed line. viticultural area is locally and/or On June 13, 1996, ATF published a Name Evidence nationally known by the name specified final rule, T.D. ATF–377 (61 FR 29952) The petition states that the ‘‘Paso in the petition; expanding the Paso Robles AVA along Robles’’ geographical name applies to • Historical or current evidence that a portion of its western boundary. This the proposed southern expansion of the supports setting the boundary of the expansion added 52,618 acres of land Paso Robles AVA due to the historic, proposed viticultural area as the similar to that found in the original geographic, commercial, and cultural petition specifies; AVA. The expansion added to the AVA ties between the Santa Margarita Valley • Evidence relating to the geographic seven vineyards planted after the Paso and the Paso Robles region of San Luis features, such as climate, soils, Robles AVA’s 1983 establishment, Obispo County. This is due to that elevation, and physical features, that containing 235 acres of grapes. The Paso valley’s northward orientation, which is distinguish the proposed viticultural Robles AVA, as expanded, remained enclosed to the south and west by the area from surrounding areas; entirely within San Luis Obispo County Santa Lucia Mountains. Historically, • A description of the specific and the Central Coast AVA, and this travel was easier going northward boundary of the proposed viticultural westerly expansion did not extend into through the valley to the city of Paso area, based on features found on United the York Mountain AVA or change the Robles than it was going southward over States Geological Survey (USGS) maps; AVA’s original southern boundary. the mountains to the city of San Luis and Obispo. The petition also states that, • A copy of the appropriate USGS Current Southern Expansion Petition due to the stated historic and other ties, map(s) with the proposed viticultural In 2007, the Paso Robles AVA local residents and members of the Paso area’s boundary prominently marked. Committee (PRAVAC) submitted a Robles wine industry have assumed that petition to TTB requesting a 2,635-acre the entire Santa Margarita Valley was Paso Robles Expansion Petition expansion of the Paso Robles AVA. The within the original Paso Robles AVA Background petition states that the PRAVAC boundary line and reference the area as represents a broad cross-section of the such. Previous Petitions Paso Robles wine industry and notes According to the petition, other On October 4, 1983, the Bureau of that its 59 grape-grower and winery sources also show the entire Santa Alcohol, Tobacco and Firearms (ATF) members collectively own or manage Margarita Valley as falling within the published a final rule, T.D. ATF–148 (48 over 10,000 acres of vineyards within Paso Robles region. For example, the FR 45239), to establish the ‘‘Paso the Paso Robles AVA. Paso Style Living real estate Web site Robles’’ American viticultural area The proposed expansion area is (http://www.pasostyleliving.com/pages/ (AVA) in northern San Luis Obispo immediately south of the Paso Robles pasoarea.htm) describes the Santa County, California (see 27 CFR 9.84). As AVA’s current southern-most boundary, Margarita area as ‘‘the Southern edge of

VerDate Aug<31>2005 13:24 Jul 14, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\15JYP1.SGM 15JYP1 ebenthall on PRODPC60 with PROPOSALS 40476 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Proposed Rules

Paso wine country.’’ A 1928 soil survey winemaking to the Paso Robles area from the city of Atascadero, through the map of the Paso Robles area submitted over 200 years ago. Near present-day town of Santa Margarita, and continues with the petition also shows the entire Santa Margarita, the missionaries built south-southeastward through the Santa Margarita Land Grant as being the Santa Margarita de Cortona proposed expansion area, according to within the Paso Robles region. In Asistencia in 1787, which functioned as the USGS San Luis Obispo regional map addition, the ‘‘1978 General Soil Map of an outpost of the mission located at San and the petition. the Paso Robles Area—San Luis Obispo Luis Obispo. See page 39 of the ‘‘History Professor Deborah L. Elliott-Fisk, County,’’ published by the U.S. of San Luis Obispo County, California, Ph.D, of the University of California, Department of Agriculture, Soil with Illustrations and Biographical Davis, an expert on the geography and Conservation Service, University of Sketches of its Prominent Men and terroir of California and viticultural area California Agricultural Experiment Pioneers’’ (Thompson & West, 1883), by designations, researched and provided Station, includes the proposed Paso Myron Angel, (reprinted 1966, Howell- the distinguishing features information Robles AVA expansion area within the North Books, Berkeley, California), used in the petition. According to the Paso Robles region of the county. which was included with the petition. petition, Dr. Elliott-Fisk also The Santa Margarita Asistencia served coordinated the data and analyses Boundary Evidence as a chapel, farmstead, and storehouse supplied by meteorologist Donald The proposed triangle-shaped for grain grown in the valley. Schukraft, Western Weather Group, expansion of the Paso Robles AVA In 1861, the land surrounding the LLC, and other experts. would move its southern-most point Asistencia site was purchased by Mary Climate approximately 2.6 miles south in order and Martin Murphy, who also owned to encompass most of that portion of the portions of other land grants within the The climate of the Paso Robles AVA Santa Margarita Valley currently not Paso Robles region, according to page 68 as a whole, according to Dr. Elliott-Fisk, included within the AVA. Also, the of the Angel publication. Under the has smaller monthly temperature ranges proposed expansion area would Martin’s ownership, the petition states, and less continental influence than the increase the length of the commonly- the Santa Margarita area developed a inland areas further to the east, but is shared eastern boundary of the Paso strong attachment to the more less influenced by Pacific marine air Robles and Central Coast AVAs by the commercialized Paso Robles area to its and fog than the coastal regions to the same distance. north. By 1889, the petition explains, an west due to the blocking effect of the The petition describes the proposed extension of the Southern Pacific Santa Lucia Mountains. As part of the expansion area as part of the ‘‘cohesive Railroad ran south from Paso Robles larger Paso Robles region, the Santa geographical unit’’ of the Santa along the Salinas River to the small Margarita Valley has climatic conditions Margarita Valley. Nestled between the settlement of Santa Margarita. See pages similar to the AVA, Dr. Elliot-Fisk notes, Santa Lucia Range and the Salinas 34 and 75 of ‘‘Rails Across the and these conditions exist on both sides River, the Santa Margarita Valley lies on Ranchos,’’ by Loren Nicholson, 1993. of the existing southern-most boundary both sides of the Paso Robles AVA’s The USGS San Luis Obispo regional of the AVA, which passes from west to existing southern boundary line. The map shows the Southern Pacific east through the valley. Dr. Elliott-Fisk petition describes the original Paso Railway running south from the city of adds that other climate similarities Robles AVA southern-most boundary Paso Robles across the relatively flat found within the valley on either side line, which follows the T29S/T30 valley to the town of Santa Margarita of the existing AVA boundary include township line and which bisects the where it begins a twisting climb up and cold air drainage, cold air ponding Santa Margarita Valley, as an over the Santa Lucia Mountains to the under temperature inversions, and ‘‘imaginary, indiscernible boundary in city of San Luis Obispo. similar frost patterns, especially early in the landscape, not defined by any In 2000, the petition explains, the the growing season. Also, annual topographic or other environmental Robert Mondavi Winery leased more precipitation in the valley averages 29 parameters.’’ than 1,000 acres in the southern Santa inches, while regions to the east are As explained in T.D. ATF–148, the Margarita Valley for commercial drier and the coastal mountains to the Paso Robles AVA ‘‘is bounded on the vineyard development. This acreage is west are wetter. west and south by the Santa Lucia bisected by the current southern-most These climate similarities also are Mountain range’’ which protects the boundary of the Paso Robles AVA. At evidenced by various climate AVA ‘‘from marine air intrusion and the time of the petition, vineyards classification systems. For example, the coastal fogs.’’ The proposed southern covered 800 of the 1,000 acres, with petition states, the global scale climate expansion, the petition explains, would plantings located on both sides of the classification system of Koppen, Geiger more closely align the Paso Robles existing Paso Robles AVA boundary and Pohl (1953) labels the great majority AVA’s southern-most boundary with the line, according to the petition. of the Paso Robles region as a Santa Lucia Range by encompassing Mediterranean warm summer climate most of the portion of the Santa Distinguishing Features (Csb), while the region to the east has a Margarita Valley that is currently The proposed expansion of the Paso Mediterranean hot summer climate outside the AVA. The petition explains Robles AVA relies on the Santa (Csa). that beyond the proposed expansion Margarita Valley’s uniform topography, Dr. Elliott-Fisk states that the Santa area to the south is the narrowed climate, soils, geologic history, and Margarita Valley’s climate is classified terminus of the Santa Margarita Valley, geomorphology. These geographical as a cool region II climate of with steep terrain on three sides and features, the petition notes, are the same approximately 2,900 growing degree- inadequate groundwater and warmth to throughout the valley, which is days under the Winkler climate sustain commercial viticulture. currently bisected by the existing Paso classification system, which is based on According to the petition, the Robles AVA’s southern-most boundary annual growing season heat viticultural history of the Santa line. The Santa Margarita Valley, which accumulation. This classification is Margarita Valley began with the arrival makes up the portion of the Salinas found on both sides of the existing of Spanish missionaries, who, among River valley containing Santa Margarita southern-most Paso Robles AVA other things, brought grapes and and Rinconada Creeks, extends south boundary. (As a measurement of heat

VerDate Aug<31>2005 13:24 Jul 14, 2008 Jkt 214001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\15JYP1.SGM 15JYP1 ebenthall on PRODPC60 with PROPOSALS Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Proposed Rules 40477

accumulation during the growing and at the narrowed southern terminus Luis Obispo County, show strong season, 1 degree day accumulates for of the Santa Margarita Valley, similarities on both sides of the current each degree Fahrenheit that a day’s Franciscan conglomerate rock underlies Paso Robles AVA southern-most mean temperature is above 50 degrees, the shallow alluvium creating an boundary line. The petition adds that which is the minimum temperature environment lacking in adequate vineyards are farmed the same way required for grapevine growth. In the groundwater. To the west, the landscape north and south of the current Paso Winkler system, climatic region I has includes massive units of the late Robles AVA boundary line through the less than 2,500 growing degree days per Cretaceous Franciscan and Great Valley valley and these vineyards grow the year; region II, 2,501 to 3,000; region III, formations, consisting of hard marine same varietals. 3,001 to 3,500; region IV, 3,501 to 4,000; sandstones and conglomerates on steep TTB Determination and region V, 4,001 or more. See pages mountain slopes, making the terrain 61–64 of ‘‘General Viticulture,’’ by unsuitable for viticulture. TTB concludes that the petition to Albert J. Winkler, University of expand the Paso Robles American Soils California Press, 1974.) viticultural area merits consideration Regarding the southern end of the Similar soils exist on both sides of the and public comment, as invited in this Santa Margarita Valley that lies beyond current Paso Robles AVA southern notice. boundary line, according to the current the proposed expansion, Dr. Elliott-Fisk Boundary Description explains that the steep topography east, USDA soil survey for the Paso Robles south and west of the narrow valley Area of San Luis Obispo County See the narrative boundary floor causes increases in relief (Lindsey, 1978). Climate, parent description covering the petitioned-for precipitation and evening settling of material, topography, and time, Dr. viticultural area expansion in the cold, dense air at the valley’s terminus. Elliott-Fisk states, all contribute to the proposed regulatory text amendment Local farmers, the petition explains, soil type similarities that extend the published at the end of this notice. state that air temperatures at the far length of the Santa Margarita Valley. Maps southern end of the valley are too cold The soils of the Santa Margarita Valley, to produce quality wine grapes. Dr. Elliott-Fisk explains, include the The petitioner provided the required deep gravelly loam soils of late-mid map to document the proposed Geology Quaternary age, grading into shallower boundary change, and we list that map The geological features that clay loam soils against bedrock on the below in the proposed regulatory text characterize the southern region of the hillsides. Also, younger alluvial amendment. Paso Robles AVA continue across the deposits dominate the flood plains of Impact on Current Wine Labels AVA’s southern-most boundary line and the valley’s creeks. are found throughout the Santa Soils and terrain to the south, east, The proposed expansion of the Paso Margarita Valley, including the and west of the Paso Robles AVA Robles viticultural area will not affect proposed expansion area. Dr. Elliott- proposed southern expansion are, currently approved wine labels. The Fisk explains that the Salinas River however, unsuitable for commercial approval of this proposed expansion originally formed the Santa Margarita viticulture, Dr. Elliott-Fisk explains. To may allow additional vintners to use ‘‘Paso Robles’’ as an appellation of Valley through a process of soil erosion the south, the soils of the valley floor origin on their wine labels. Part 4 of the and deposition, while the complex include clay loams with low water TTB regulations prohibits any label faulting of the Santa Lucia Range permeability and high water capacity reference on a wine that indicates or formed a graben basin that extends with moderate shrink-swell potential, implies an origin other than the wine’s along the valley floor and crosses the while the mountain slopes to the east true place of origin. For a wine to be existing Paso Robles AVA southern- and west have shallow top soil, small eligible to use a viticultural area name most boundary line. Later, Dr. Elliott- rooting zones for grapevines, and as an appellation of origin or a term of Fisk notes, the Salinas River carved a erosion potential, making those areas viticultural significance in a brand new channel to the east through the soft unsuitable for viticulture. Monterey Formation shales along the name, at least 85 percent of the wine Rinconada Fault as the San Andreas Evidence Summary must be derived from grapes grown Fault zone became more active. The PRAVAC petition, including Dr. within the area represented by that Rinconada Creek, a primary Salinas Elliott-Fisk’s discussion of the proposed name or other term, and the wine must River tributary in the Santa Margarita expansion area’s distinguishing features meet the other conditions listed in 27 Valley area, then deposited a series of and a detailed letter from vineyard CFR 4.25(e)(3). Different rules apply if a broad alluvial fans and terraces across developer and manger Neil Roberts, wine has a brand name containing a the older Salinas River alluvial fill, Dr. emphasize that similar geological, viticultural area name or other Elliott-Fisk explains. She notes that geographical, and climatic conditions viticulturally significant term that was these alluvial terraces extend north and extend through the Santa Margarita used as a brand name on a label south of the current Paso Robles AVA Valley, which encompasses a portion of approved before July 7, 1986. See 27 boundary line and exist throughout the the existing Paso Robles AVA as well as CFR 4.39(i)(2) for details. proposed expansion area. the proposed expansion area. The Public Participation To the east, south, and west of the landforms, topography, and geology proposed Paso Robles AVA expansion, features that form the Santa Margarita Comments Invited Dr. Elliott-Fisk explains, the geology of Valley, the petition explains, are similar We invite comments from interested the landscape is unsuitable for both north and south of the existing members of the public on whether we commercial production of wine grapes. Paso Robles AVA southern-most should expand the Paso Robles She states that, to the east, granitic rocks boundary line. Also, the valley’s viticultural area as described above. We on the mountainsides make the area climate, as reflected by Winkler’s are especially interested in comments difficult to farm, and the weathering and degree-day values, and its soil types, as concerning the similarity of the failure of near-surface rock makes road documented in the 1978 USDA soil proposed expansion area to the building difficult. Also, to the south, survey for the Paso Robles Area of San currently existing Paso Robles

VerDate Aug<31>2005 13:24 Jul 14, 2008 Jkt 214001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\15JYP1.SGM 15JYP1 ebenthall on PRODPC60 with PROPOSALS 40478 Federal Register / Vol. 73, No. 136 / Tuesday, July 15, 2008 / Proposed Rules

viticultural area. Please support your enclose any material in your comments Drafting Information comments with specific information that you consider to be confidential or N.A. Sutton of the Regulations and about the proposed expansion area’s inappropriate for public disclosure. Rulings Division drafted this notice. name, proposed boundaries, or Public Disclosure distinguishing features. List of Subjects in 27 CFR Part 9 We will post, and you may view, Submitting Comments copies of this notice, selected Wine. You may submit comments on this supporting materials, and any online or Proposed Regulatory Amendment notice by using one of the following two mailed comments we receive about this methods: proposal within Docket No. TTB–2008– For the reasons discussed in the • Federal e-Rulemaking Portal: You 0005 on the Federal e-rulemaking preamble, we propose to amend title 27, may send comments via the online portal, Regulations.gov, at http:// chapter 1, part 9, Code of Federal comment form posted with this notice www.regulations.gov. A direct link to Regulations, as follows: within Docket No. TTB–2008–0005 on that docket is available on the TTB Web PART 9—AMERICAN VITICULTURAL ‘‘Regulations.gov,’’ the Federal e- site at http://www.ttb.gov/wine/ AREAS rulemaking portal, at http:// wine_rulemaking.shtml under Notice No. 85. You may also reach the relevant www.regulations.gov. A direct link to 1. The authority citation for part 9 docket through the Regulations.gov that docket is available under Notice continues to read as follows: No. 85 on the TTB Web site at http:// search page at http:// www.ttb.gov/wine/ www.regulations.gov. For instructions Authority: 27 U.S.C. 205. wine_rulemaking.shtml. Supplemental on how to use Regulations.gov, visit the site and click on ‘‘User Guide’’ under Subpart C—Approved American files may be attached to comments Viticultural Areas submitted via Regulations.gov. For ‘‘How to Use this Site.’’ All posted comments will display the complete instructions on how to use 2. Section 9.84 is amended by revising commenter’s name, organization (if Regulations.gov, visit the site and click paragraphs (b), (c)(7), and (c)(8), on ‘‘User Guide’’ under ‘‘How to Use any), city, and State, and, in the case of mailed comments, all address redesignating paragraphs (c)(9) and this Site.’’ (c)(10) as (c)(10) and (c)(11), and adding • U.S. Mail: You may send comments information, including e-mail addresses. We may omit voluminous attachments a new paragraph (c)(9). The revisions via postal mail to the Director, and addition read as follows: Regulations and Rulings Division, or material that we consider unsuitable Alcohol and Tobacco Tax and Trade for posting. § 9.84 Paso Robles. You also may view copies of this Bureau, P.O. Box 14412, Washington, * * * * * notice, all related petitions, maps and DC 20044–4412. other supporting materials, and any (b) Approved Maps. The appropriate Please submit your comments by the electronic or mailed comments we map for determining the boundary of closing date shown above in this notice. receive about this proposal by the Paso Robles viticultural area is the Your comments must reference Notice appointment at the TTB Information United States Geological Survey No. 85 and include your name and Resource Center, 1310 G Street, NW., 1:250,000-scale map of San Luis Obispo, mailing address. Your comments also Washington, DC 20220. You may also California, 1956, revised 1969, shoreline must be made in English, be legible, and obtain copies at 20 cents per 8.5- x 11- revised and bathymetry added 1979. be written in language acceptable for inch page. Contact our information (c) Boundaries. * * * public disclosure. We do not specialist at the above address or by * * * * * acknowledge receipt of comments, and telephone at 202–927–2400 to schedule we consider all comments as originals. (7) Then in an easterly direction along an appointment or to request copies of the T.29S. and T.30S. line for If you are commenting on behalf of an comments or other materials. association, business, or other entity, approximately 3.1 miles to its your comment must include the entity’s Regulatory Flexibility Act intersection with the eastern boundary line of the Los Padres National Forest; name as well as your name and position We certify that this proposed title. If you comment via regulation, if adopted, would not have (8) Then in a southeasterly direction Regulations.gov, please enter the a significant economic impact on a along the eastern boundary line of the entity’s name in the ‘‘Organization’’ substantial number of small entities. Los Padres National Forest for blank of the online comment form. If The proposed regulation imposes no approximately 4.1 miles to its you comment via postal mail, please new reporting, recordkeeping, or other intersection with the R.13E. and R.14E. submit your entity’s comment on administrative requirement. Any benefit line; letterhead. derived from the use of a viticultural (9) Then in a northerly direction along You may also write to the area name would be the result of a the R.13E. and R.14E. line for Administrator before the comment proprietor’s efforts and consumer approximately 8.7 miles to its closing date to ask for a public hearing. acceptance of wines from that area. intersection with the T.28S. and T.29S. The Administrator reserves the right to Therefore, no regulatory flexibility line; determine whether to hold a public analysis is required. * * * * * hearing. Executive Order 12866 Signed: July 8, 2008. Confidentiality This proposed rule is not a significant John J. Manfreda, All submitted comments and regulatory action as defined by Administrator. attachments are part of the public record Executive Order 12866. Therefore, it [FR Doc. E8–16167 Filed 7–14–08; 8:45 am] and subject to disclosure. Do not requires no regulatory assessment. BILLING CODE 4810–31–P

VerDate Aug<31>2005 13:24 Jul 14, 2008 Jkt 214001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\15JYP1.SGM 15JYP1 ebenthall on PRODPC60 with PROPOSALS