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Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and Regulations 33239

request for an extension beyond the Background Background on Viticultural Areas maximum duration of the initial 12- The final regulations (TD 9254) that TTB Authority month program must be submitted are the subject of this correction are electronically in the Department of under section 1502 of the Internal Section 105(e) of the Federal Alcohol Homeland Security’s Student and Revenue Code. Administration Act (the FAA Act, 27 Exchange Visitor Information System U.S.C. 201 et seq.) requires that alcohol (SEVIS). Supporting documentation Need for Correction beverage labels provide consumers with must be submitted to the Department on As published, final regulations (TD adequate information regarding product the sponsor’s organizational letterhead 9254) contains an error that may prove identity and prohibits the use of and contain the following information: to be misleading and is in need of misleading information on such labels. (1) Au pair’s name, SEVIS clarification. The FAA Act also authorizes the identification number, date of birth, the Secretary of the Treasury to issue length of the extension period being Correction of Publication regulations to carry out its provisions. requested; Accordingly, the final regulations (TD The Alcohol and Tobacco Tax and (2) Verification that the au pair 9254) which was the subject of FR Doc. Trade Bureau (TTB) administers these completed the educational requirements 06–2411, is corrected as follows: regulations. of the initial program; and On page 13009, column 2, in the Part 4 of the TTB regulations (27 CFR (3) Payment of the required non- preamble, under the paragraph heading part 4) allows the establishment of refundable fee (see 22 CFR 62.90) via ‘‘Special Analyses’’, line 4 from the definitive viticultural areas and the use Pay.gov. bottom of the paragraph, the language of their names as appellations of origin (p) Repeat Participation. Exchange ‘‘these regulations was submitted to on wine labels and in wine visitors who have participated in the Au the’’ is corrected to read ‘‘these advertisements. Part 9 of the TTB Pair Program are not eligible for repeat regulations were submitted to the’’. regulations (27 CFR part 9) contains the participation. list of approved viticultural areas. Guy R. Traynor, Dated: June 2, 2006. Chief, Publications and Regulations Branch, Definition Stanley S. Colvin, Legal Processing Division, Associate Chief Section 4.25(e)(1)(i) of the TTB Director, Office of Exchange Coordination Counsel, (Procedure and Administration). regulations (27 CFR 4.25(e)(1)(i)) defines and Designation, Bureau of Educational and [FR Doc. E6–8890 Filed 6–7–06; 8:45 am] Cultural Affairs, Department of State. a viticultural area for American wine as BILLING CODE 4830–01–P [FR Doc. E6–8958 Filed 6–7–06; 8:45 am] a delimited grape-growing region distinguishable by geographical BILLING CODE 4710–05–P features, the boundaries of which have DEPARTMENT OF THE TREASURY been recognized and defined in part 9 of the regulations. These designations DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau allow vintners and consumers to attribute a given quality, reputation, or Internal Revenue Service 27 CFR Part 9 other characteristic of a wine made from grapes grown in an area to its 26 CFR Part 1 geographical origin. The establishment [T.D. TTB–46; Re: Notice No. 45] [TD 9254] of viticultural areas allows vintners to describe more accurately the origin of RIN 1545–BB25 RIN: 1513–AB02 their wines to consumers and helps consumers to identify wines they may Guidance Under Section 1502; Establishment of the San Antonio purchase. Establishment of a viticultural Suspension of Losses on Certain Viticultural Area (2004R–599P) area is neither an approval nor an Stock Dispositions; Correction AGENCY: Alcohol and Tobacco Tax and endorsement by TTB of the wine produced in that area. AGENCY: Internal Revenue Service (IRS), Trade Bureau, Treasury. Treasury. ACTION: Final rule; Treasury decision. Requirements ACTION: Correction to final regulations. SUMMARY: This Treasury decision Section 4.25(e)(2) of the TTB regulations outlines the procedure for SUMMARY: This document contains establishes the San Antonio Valley corrections to final regulations that were viticultural area in southwestern proposing an American viticultural area published in the Federal Register on Monterey County, , within the and provides that any interested party Tuesday, March 14, 2006 (71 FR 13008). existing Central Coast viticultural area. may petition TTB to establish a grape- The regulations apply when a member We designate viticultural areas to allow growing region as a viticultural area. of a consolidated group transfers vintners to better describe the origin of Section 9.3(b) of the TTB regulations their wines and to allow consumers to requires the petition to include— subsidiary stock at a loss. They also • apply when a member holds loss shares better identify wines they may Evidence that the proposed of subsidiary stock and the subsidiary purchase. viticultural area is locally and/or ceases to be a member of the group. nationally known by the name specified DATES: Effective Date: July 10, 2006. in the petition; DATES: This correction is effective FOR FURTHER INFORMATION CONTACT: • Historical or current evidence that March 14, 2006. Jennifer Berry, Alcohol and Tobacco supports setting the boundary of the FOR FURTHER INFORMATION CONTACT: Tax and Trade Bureau, Regulations and proposed viticultural area as the Theresa Abell (202) 622–7700 or Martin Rulings Division, P.O. Box 18152, petition specifies; Huck (202) 622–7750 (not toll-free Roanoke, VA 24014; telephone 540– • Evidence relating to the numbers). 344–9333. geographical features, such as climate, SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: soils, elevation, and physical features,

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that distinguish the proposed Geographical Names,’’ by Erwin G. river near the San Luis Obispo County viticultural area from surrounding areas; Gudde and William Bright, University line created the San Antonio Reservoir, • A description of the specific of California Press, Fourth Edition. The which dominates the southeastern boundary of the proposed viticultural authors note that the name San Antonio, corner of the proposed San Antonio area, based on features shown on United which appears in the titles of many land Valley viticultural area. States Geological Survey (USGS) maps; grants and claims, has survived in a The proposed viticultural area’s and number of places, including in the northwest boundary slices through part • A copy of the appropriate USGS names of the San Antonio River, San of the Military map(s) with the proposed viticultural Antonio Mission, San Antonio Creek, Reservation. While the fort is currently area’s boundary prominently marked. and San Antonio Valley. under the jurisdiction of the United • ‘‘Monterey County Place Names, a States Government, the petitioners note San Antonio Valley Petition and Geographical Dictionary,’’ by Donald that it could be offered for sale to the Rulemaking Thomas Clark, Kestrel Press, 1991. The public in the future. Because the General Background author writes of the San Antonio Valley, military reservation encompasses much ‘‘this is the valley through which the of the area in and around the boundary Paul Getzelman, Paula Getzelman, San Antonio River flows.’’ of the proposed San Antonio Valley and Steve Cobb of Lockwood, • Pelican Network Guide, an Internet viticultural area and shares the same California, petitioned TTB to establish travel site, states the following about the growing conditions, the petitioners the ‘‘San Antonio Valley’’ viticultural San Antonio Valley: ‘‘Nearly secret, San speculate that future uses of the land area in southwestern Monterey County, Antonio Valley is an intriguing * * * could include vineyards. California, in a valley situated in the destination. About two and a half hours Santa Lucia mountain range. The area is from , yet far more remote Distinguishing Features entirely within the existing multi- in history, it provides environmental, According to the petitioners, the San county Central Coast viticultural area literary, cultural, and historical rewards. Antonio Valley’s basin shape, elevation, (27 CFR 9.75). According to the San Antonio Valley is the setting for climate, and soils contribute to petitioners, there are approximately 235 ’s ’To an Unknown God’, significantly different growing square miles, or 150,400 acres of land, an early novel of his spiritual and conditions from those found in the within the San Antonio Valley ecological themes.’’ (See http:// adjoining areas within the extensive viticultural area. Over 700 of these acres www.pelicannetwork.net/ Central Coast viticultural area. The are planted to vines. getaways.sanantonio.valley.htm.) petitioners note that the Spanish We summarize below the evidence The petitioners state that although the missionaries were the first to recognize presented in support of the petition. valley has been known by various the valley’s unique grape growing Name Evidence names, often due to changes in conditions. This viewpoint is reflected ownership under the Spanish land grant in the Pelican Network Guide, which According to the petitioners, the name system, the name San Antonio Valley states: ‘‘The Spaniards, who liked the ‘‘San Antonio Valley’’ dates back to has endured. According to the site for wine making because of its soil 1771, when a small party of Spanish petitioners, local residents have long and climate, were right on the money.’’ missionaries headed by Father Junipero known the area as San Antonio Valley. The growing conditions found in the Serra entered the oak-mantled valley in The name ‘‘San Antonio’’ is used proposed San Antonio Valley what was to become southern Monterey throughout the area-the San Antonio viticultural area are described by the County. Near the river that he Union School, San Antonio Reservoir, petitioners below. christened ‘‘El Rio de San Antonio,’’ and San Antonio River all can be found they established a mission and named it on the USGS map for Williams Hill, Elevation ‘‘San Antonio de Padua’’ in honor of California. The petitioners note that The elevation of the proposed San Saint Anthony of Padua. They later while the southern portion of the Antonio Valley viticultural area ranges moved the mission to a location a proposed viticultural area is also known from 850 feet to as high as 2,530 feet. couple of miles north at the confluence as Lockwood Valley, the name The proposed area is surrounded by the of the San Miguel and San Antonio ‘‘Lockwood’’ is most accurately applied higher to the west and Rivers, which provided the missionaries to a township in the southern portion of south and a lower ridge averaging 1,500 a more suitable place to plant grape the San Antonio Valley. feet in elevation to the north and east. vines for making sacramental wine for According to the petitioners, the shape Boundary Evidence the Mission. and elevation of the proposed area The petitioners cite the following The boundaries for the proposed results in higher daytime and lower reference sources as evidence of the viticultural area are the natural nighttime temperatures than in historical and current usage of the name geographical boundaries of the San neighboring areas with lower elevations, ‘‘San Antonio Valley’’: Antonio Valley. The proposed area, such as the Monterey viticultural area • ‘‘Memories of the San Antonio which includes approximately 150,400 (27 CFR 9.98) where the elevation Valley,’’ by Rachel Gillett, San Antonio acres of flat land and gently rolling hills, ranges from 50 to 540 feet. The Valley Historical Society, 1990. Ms. extends to the surrounding hillsides that petitioners assert that the daily heating- Gillet refers repeatedly to the area as rise to an elevation of approximately cooling cycle produced by the proposed ‘‘San Antonio Valley.’’ She states that 2,200 feet. This valley, formed by the San Antonio Valley viticultural area’s the township of San Antonio was watershed of the San Antonio River, is higher elevation allows grapes to surveyed in 1865, near the El Camino situated in the Santa Lucia mountain achieve full, rich fruit flavor and color Real or King’s Highway (currently Jolon range between the Pacific coast and the while retaining a crisp acidity. Road). She further notes that a San . The San Antonio River Antonio post office operated in the flows across the Santa Lucia range in a Soils township from 1867 to 1887. southeasterly direction, then turns to Soil data submitted by the petitioners • ‘‘California Place Names; The the east and flows into the Salinas affirms that the San Antonio Valley has Origin and Etymology of Current River. A dam built in the 1950s on the a distinctive soil profile comprised of

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nearly 40 different soil series, the Antonio Valley and nearby areas According to the graphs, wind speeds majority of them alluvial in nature. The (Carmel Valley, Gonzales, Arroyo Seco, for the period were significantly lower remaining soils found in the uplands King City, and Paso Robles) shows that in San Antonio Valley than in Hames consist of material from weathered San Antonio Valley is considerably Valley or Paso Robles. The petitioners sandstone and shale. Current vineyards cooler than the other areas during April. state that this is because the topography are planted on flat to moderately sloping The petitioners state that this is due to of the proposed viticultural area blocks terrain. The principal soil series are the San Antonio Valley’s basin shape the strongest daily afternoon winds Arbuckle gravelly loam, Chamise shaly and drier conditions, factors that they created by marine air influence. Dew loam, Lockwood loam and shaly loam, state also cause the San Antonio Valley points for the period were shown to be Placentia sandy loam, Placentia- to experience more frequent frost at least 10 degrees lower in the Arbuckle complex, Rincon clay loam, episodes. However, from June through proposed San Antonio Valley Nacimiento silty clay loam, and September the proposed San Antonio viticultural area than in the other Pinnacles coarse sandy loam. The viticultural area averages warmer viticultural areas, reflecting the submitted soil data for the area came temperatures than the other areas, with proposed viticultural area’s lower from ‘‘Soil Survey of Monterey County, the exception of Paso Robles, an area humidity. The temperature data, California,’’ published by the Soil further inland than the San Antonio according to the petitioners, shows that Conservation Service of the U.S. Valley. the proposed San Antonio Valley Department of Agriculture. The petitioners also submitted a viticultural area also has a temperature The petitioners note that these soils comparison of both total growing season profile that differs markedly from that of differ from the soils of neighboring areas degree days and monthly degree days the Hames Valley or Paso Robles of Monterey County. In the San Bernabe for the same places. (A measurement of viticultural areas. Generally, this data viticultural area (27 CFR 9.171), for heat accumulation during the growing shows that the proposed area is less example, the soils, remnants of ancient season, one degree day accumulates for affected by marine air intrusions. The sand dunes, are mostly of the eolian each degree Fahrenheit that a day’s petitioners note that during times of type. The adjacent Hames Valley mean temperature is above 50 degrees, marine air influence, the proposed San viticultural area (27 CFR 9.147) has a which is the minimum temperature Antonio Valley viticultural area has a very homogeneous soil profile with 75 required for grapevine growth; see much greater temperature variance than percent of the soils derived from the ‘‘General Viticulture,’’ by Albert J. the two existing viticultural areas where Lockwood series. In contrast, the San Winkler, University of California Press, the marine air moderates the Antonio Valley has a much more varied 1974.) These comparisons show that temperatures. They also note that on soil profile with the majority of the soil San Antonio Valley typically days with little marine air influence, the series being alluvial in nature. accumulates more than 3,000 degree proposed area experiences less days during the growing season. Paso Climate temperature variation than the two Robles accumulates 3,600 degree days existing areas. The petitioners state that the San for the same period, while Carmel Thus, the data submitted by the Antonio Valley’s climate is much less Valley, Gonzales, and Arroyo Seco all petitioners shows the climate in the affected by marine air than other areas accumulate fewer than 2,400 degree proposed San Antonio Valley of the Central Coast. A stable layer of days each. King City accumulates viticultural area to be significantly marine air typically dominates coastal roughly as many degree days for the different in regard to temperature, wind, California weather causing higher growing season as San Antonio Valley. humidity, and degree day humidity, cooler maximum However, the monthly comparison accumulations from surrounding temperatures, and warmer minimum shows that in King City the degree days existing viticultural areas. These temperatures. This effect occurs with accumulate steadily through the differences, they contend, are a greater duration in valleys close to the months, while in the San Antonio reflection of the proposed area’s basin coast, such as Carmel Valley, Edna Valley the increase and decrease in geography, making the grape growing Valley, , and the degree days is much more dramatic, environment in the proposed San lower Salinas Valley. Its influence with most of the increase occurring Antonio Valley viticultural area unique decreases as one travels inland, during the summer months. relative to other Central Coast especially in the upper areas of the In addition to the temperature viticultural areas. Salinas Valley. According to the comparisons described above, the petitioners, the inland position of the petitioners also submitted a Notice of Proposed Rulemaking and San Antonio Valley and its basin shape microclimate comparison of the Comments Received act to block the intrusion of this marine proposed San Antonio Valley On May 19, 2005, TTB published a air. Only when the upper level of viticultural area and two adjacent notice of proposed rulemaking regarding atmospheric pressure allows the layer of existing viticultural areas, Paso Robles the establishment of the San Antonio marine air to expand to greater than its and Hames Valley (27 CFR 9.84 and Valley viticultural area in the Federal typical depth of 1,000—1,500 feet does 9.147, respectively). The data covered a Register (70 FR 28865) as Notice No. 45. the San Antonio Valley experience a two-week period from September 16–29, In that notice, TTB requested comments marine air influence. This lack of a 2003, and was collected at sites located by July 18, 2005, from all interested marine air influence creates a unique on the Fort Hunter Liggett Military persons. TTB received two comments in microclimate for the area, with drier, Reservation within the proposed response to the notice. hotter days in summer and cooler nights viticultural area, at Bradley in the The first comment, from the Monterey in the spring and fall. Hames Valley viticultural area, and at County Vintners & Growers Association, As evidence of this climatic the Paso Robles Airport within the Paso supported the establishment of the new distinction, the petitioners submitted Robles viticultural area. The petitioners area, stating that its designation temperature comparisons based on data submitted the data in the form of graphs provides consumers with a better tool from the National Weather Center. A exhibiting differences in temperature, for distinguishing between the wine comparison of growing season average dew point, humidity, and wind speeds producing areas of Monterey County. monthly temperatures between San between the three areas. The second comment, from Anthony

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Riboli, owner of San Antonio Winery in not limit the Bureau’s authority to establish represented by that name, and the wine , California, opposed the a viticultural area known as ‘‘Wild Horse must meet the other conditions listed in creation of the viticultural area. Mr. Valley.’’ (See 53 FR 48244, November 30, 27 CFR 4.25(e)(3). If the wine is not Riboli states that he believes consumers 1988.) eligible to use the viticultural area name will confuse the viticultural area name This policy on the relationship as an appellation of origin and that with the name of his winery. He did not, between trademarks and viticultural name appears in the brand name, then however, submit any evidence to areas was upheld in Sociedad Anonima the label is not in compliance and the support this position. He also notes that Vina Santa Rita v. Dept. of Treasury, bottler must change the brand name and he owns a trademark for the brand name 193F. Supp. 2nd 6 (D.D.C 2001). In that obtain approval of a new label. ‘‘San Antonio Winery.’’ decision, the court held that ‘‘while the Similarly, if the viticultural area name TTB does not agree with the comment Lanham Act affords Plaintiff certain appears in another reference on the of Anthony Riboli that consumers will rights and causes of action with respect label in a misleading manner, the bottler confuse the name of his winery, San to the use of its marks, the ATF’s would have to obtain approval of a new Antonio Winery, with the name of the decision to approve the Santa Rita Hills label. proposed viticultural area. The name [viticultural area] does not impede those Different rules apply if a wine has a ‘‘San Antonio’’ is a common place name rights.’’ (See Santa Rita at 22.) In other brand name containing a viticultural that is used throughout the United words, by this rule, TTB is not creating area name that was used as a brand States, most notably for the well-known a name but recognizing a pre-existing name on a label approved before July 7, city in Texas, and therefore we do not geographic fact. 1986. See 27 CFR 4.39(i)(2) for details. believe that consumers would TTB Finding Regulatory Flexibility Act specifically associate the name ‘‘San Antonio Valley’’ with Mr. Riboli’s After careful review of the San We certify that this regulation will not winery in Los Angeles. In addition, as Antonio Valley viticultural area petition have a significant economic impact on we proposed in Notice No. 45, we will and the comments received, TTB finds a substantial number of small entities. recognize only the entire name ‘‘San that the evidence submitted supports This regulation imposes no new Antonio Valley’’ as a name of the establishment of the proposed reporting, recordkeeping, or other viticultural significance upon viticultural area. Therefore, under the administrative requirement. Any benefit establishment of the proposed authority of the Federal Alcohol derived from the use of a viticultural viticultural area. Thus, the Administration Act and part 4 of our area name is the result of a proprietor’s establishment of this viticultural area regulations, we establish the ‘‘San efforts and consumer acceptance of will have no impact on the San Antonio Antonio Valley’’ viticultural area in wines from that area. Therefore, no Winery’s ability to use its brand name Monterey County, California, effective regulatory flexibility analysis is on its wine labels (See the Impact on 30 days from this document’s required. publication date. Current Wine Labels discussion below). Executive Order 12866 Furthermore, we do not believe that Boundary Description Mr. Riboli’s trademark registration of This rule is not a significant the brand name ‘‘San Antonio Winery’’ See the narrative boundary regulatory action as defined by has any bearing on this case. We believe description of the viticultural area in the Executive Order 12866 (58 FR 51735). the modifier ‘‘valley’’ within the name regulatory text published at the end of Therefore, it requires no regulatory ‘‘San Antonio Valley’’ would this final rule. assessment. sufficiently differentiate the viticultural Maps Drafting Information area name from the San Antonio Winery name. The petitioners provided the required Jennifer Berry of the Regulations and Additionally, it has long been the maps, and we list them below in the Rulings Division drafted this document. regulatory text. position of TTB and its predecessor, the List of Subjects in 27 CFR Part 9 Bureau of Alcohol, Tobacco, and Impact on Current Wine Labels Wine. Firearms (ATF), that trademark Part 4 of the TTB regulations prohibits registration of a name does not limit our The Regulatory Amendment any label reference on a wine that authority to establish a viticultural area indicates or implies an origin other than I For the reasons discussed in the with the same or similar name. In T.D. the wine’s true place of origin. With the preamble, we amend 27 CFR, chapter 1, ATF–278, which established the Wild establishment of this viticultural area part 9, as follows: Horse Valley viticultural area, ATF and its inclusion in part 9 of the TTB stated: regulations, its name, ‘‘San Antonio PART 9—AMERICAN VITICULTURAL It is not the policy of ATF to become Valley,’’ is recognized as a name of AREAS involved in purely private disputes involving viticultural significance. Consequently, proprietary rights, such as trademark I 1. The authority citation for part 9 infringement suits. However, in the event a wine bottlers using ‘‘San Antonio continues to read as follows: Valley’’ in a brand name, including a direct conflict arises between some or all of Authority: 27 U.S.C. 205. the rights granted by a registered trademark trademark, or in another label reference under the Lanham Act and the right to use as to the origin of the wine, must ensure Subpart C—Approved American the name of a viticultural area established that the product is eligible to use the Viticultural Areas under the FAA Act, it is the position of ATF viticultural area’s name as an that the rights applicable to the viticultural appellation of origin. I area should control. ATF believes that the 2. Subpart C is amended by adding For a wine to be eligible to use as an § 9.194 to read as follows: evidence submitted by the petitioner appellation of origin the name of a establishes that the designation of the Wild § 9.194 San Antonio Valley. Horse Valley viticultural area is in viticultural area specified in part 9 of conformance with the laws and regulations. the TTB regulations, at least 85 percent (a) Name. The name of the viticultural Accordingly, ATF finds that Federal of the grapes used to make the wine area described in this section is ‘‘San registration of the term ‘‘Wild Horse’’ does must have been grown within the area Antonio Valley’’. For purposes of part 4

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of this chapter, ‘‘San Antonio Valley’’ is 2,100 feet west of section 8, T23S, R7E; SUMMARY: We, the Office of Surface a term of viticultural significance. then Mining Reclamation and Enforcement (b) Approved Maps. The appropriate (7) Continue northwest in a straight (OSM), are approving an amendment to maps for determining the boundary of line for approximately 9 miles, crossing the Missouri regulatory program the San Antonio Valley viticultural area the Alder Peak map between Milpitas (Missouri program) under the Surface are ten United States Geological Survey Grant and Stony Valley, and sections 9, Mining Control and Reclamation Act of 1:24,000 scale topographic maps. They 4, and 5, T22S, R6E, on the Bear Canyon 1977 (SMCRA or the Act). Previously are titled: map, to a 2,713-foot peak located in we substituted direct Federal (1) Hames Valley, California, 1949, section 5, T22S, R6E; then enforcement for portions of the Missouri photorevised 1978; (8) Proceed east-northeast in a straight program. Missouri regained full (2) Tierra Redonda Mountain, line for approximately 3.9 miles, authority for its program on February 1, California, 1949, photorevised 1979; passing onto the Hunter Liggett Military 2006. Missouri proposed to amend its (3) Bradley, California, 1949, Reservation and crossing the San approved regulatory program and photorevised 1979; Antonio River, to a 2,449-foot peak on submitted a temporary emergency (4) Bryson, California, 1949, the Hunter Liggett Military Reservation; regulatory program rule (emergency photorevised 1979; then rule) to revise Missouri’s regulations (5) Williams Hill, California, 1949, (9) Proceed northeast in a straight line regarding bonding of surface coal photorevised 1979; for approximately 2.5 miles, crossing mining and reclamation operations. The (6) Jolon, California, 1949; Mission Creek, across sections 30 and emergency rule will allow Missouri to (7) Alder Peak, California, 1995; 29, T21S, R7E, on the Cosio Knob map transition from a ‘‘bond pool’’ approach (8) Bear Canyon, California, 1949, to the 2,530-foot peak of Cosio Knob; to bonding to a ‘‘full cost bond’’ photoinspected 1972; then approach in a timely manner. Missouri (9) Cosio Knob, California, 1949, (10) From Cosio Knob, proceed east- proposed to revise its program to photorevised 1984; and southeast in a straight line for (10) Espinosa Canyon, California, improve operational efficiency. approximately 9.5 miles across sections 1949, photorevised 1979. DATES: Effective Date: June 8, 2006. (c) Boundary. The San Antonio Valley 29, 28, 27, 26, 35, and 36, T21S, R7E, viticultural area is located in Monterey sections 31 and 32, T21S, R8E, and FOR FURTHER INFORMATION CONTACT: County, California. The boundary of the sections 5, 4, 3, and 2, T22S, R8E, on the Andrew R. Gilmore, Chief, Alton Field San Antonio Valley viticultural area is Espinosa Canyon map, to a 1,811-foot Division. Telephone: (618) 463–6460. as described below: peak located in section 2; then E-mail: [email protected]. (11) Proceed southeast in a straight (1) The beginning point is at the SUPPLEMENTARY INFORMATION: southeast corner of section 14, T23S, line for approximately 10.4 miles across R9E, on the Hames Valley map; sections 2, 11, 12, and 13, T22S, R8E, I. Background on the Missouri Program (2) From the beginning point, proceed and sections 18 and 19, T22S, R9E, on II. Submission of the Amendment southeast in a straight line for the Espinosa Canyon map, sections 19, III. OSM’s Findings approximately 5 miles across sections 30, 29, 32, and 33, T22S, R9E, on the IV. Summary and Disposition of Comments 24 and 25, T23S, R9E, and sections 30, northwest corner of the Williams Hill V. OSM’s Decision 31, and 32, T23S, R10E, and section 5, map, and sections 4, 3, 10, 11, and 14, VI. Procedural Determinations T23S, R9E, on the Hames Valley map, T24S, R10E, to the southeast corner of I. Background on the Missouri Program section 5, on the Tierra Redonda to the beginning point at the southeast Mountain map; then corner of section 14, T23S, R9E. Section 503(a) of the Act permits a (3) Continue southeast in a straight Signed: March 6, 2006. State to assume primacy for the line for approximately 3.25 miles John J. Manfreda, regulation of surface coal mining and through sections 9, 16, 15, and 22, T24S, Administrator. reclamation operations on non-Federal R10E, to the mid-point of the eastern Approved: March 16, 2006. and non-Indian lands within its borders by demonstrating that its State program boundary of section 22 on the Bradley Timothy E. Skud, map; then includes, among other things, ‘‘a State Deputy Assistant Secretary, (Tax, Trade, and law which provides for the regulation of (4) Proceed straight south for Tariff Policy). approximately 2.5 miles along the surface coal mining and reclamation [FR Doc. E6–8854 Filed 6–7–06; 8:45 am] eastern boundary line of sections 22, 27, operations in accordance with the and 34, T24S, R10E, to the Monterey- BILLING CODE 4810–31–P requirements of this Act * * *; and San Luis Obispo County line; then rules and regulations consistent with (5) Follow the Monterey-San Luis regulations issued by the Secretary Obispo County line west for DEPARTMENT OF THE INTERIOR pursuant to this Act.’’ See 30 U.S.C. approximately 7.0 miles, back onto the 1253(a)(1) and (7). On the basis of these Tierra Redonda Mountain map, to the Office of Surface Mining Reclamation criteria, the Secretary of the Interior southwest corner of section 34, T24S, and Enforcement conditionally approved the Missouri R9E; then program on November 21, 1980. You (6) Proceed northwest in a straight 30 CFR Part 925 can find background information on the line for approximately 17 miles, Missouri program, including the crossing sections 33, 32, 29, 30, and 19, [Docket No. MO–038–FOR] Secretary’s findings, the disposition of T24S, R9E, and sections 24, 13, 14, 10, comments, and conditions of approval, 9, and 4, T24S, R8E, on the Bryson map, Missouri Regulatory Program in the November 21, 1980, Federal section 5, T24S, R8E in the southwest AGENCY: Office of Surface Mining Register (45 FR 77017). You can also corner of the Williams Hill map, section Reclamation and Enforcement, Interior. find later actions concerning the 32, T23S, and sections 23, 22, 15, and Missouri program and program ACTION: Final rule; approval of 16, T23S, R7E, on the Jolon map, to an amendments at 30 CFR 925.10, 925.12, amendment. 1,890-foot peak located approximately 925.15, and 925.16.

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