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upgraded after the effective date of the 200E, Washington, DC 20220; phone • Historical or current evidence that regulations in this part. 202–927–8210. supports setting the boundary of the (f) Nothing in this part shall be SUPPLEMENTARY INFORMATION: proposed viticultural area as the construed as requiring the use of any petition specifies; particular type of electronic toll Background on Viticultural Areas • Evidence relating to the geographical features, such as climate, collection technology. However, any TTB Authority such toll collection technology must soils, elevation, and physical features, meet the interoperability requirement of Section 105(e) of the Federal Alcohol that distinguish the proposed this section. Administration Act (FAA Act), 27 viticultural area from surrounding areas; U.S.C. 205(e), authorizes the Secretary • A description of the specific § 950.9 Enforcement. of the Treasury to prescribe regulations boundary of the proposed viticultural (a) The tolling authority of any facility for the labeling of wine, distilled spirits, area, based on features, found on United operating pursuant to authority under a and malt beverages. The FAA Act States Geological Survey (USGS) maps; 1604 toll program shall be suspended in requires that these regulations, among and the event the relevant toll agency is not other things, prohibit consumer • A copy of the appropriate USGS in compliance with this part within six deception and the use of misleading map(s) with the proposed viticultural (6) months of receiving a written notice statements on labels, and ensure that area’s boundary prominently marked. of non-compliance from FHWA. If the labels provide the consumer with Petition for Happy Canyon of Santa toll agency demonstrates that it is taking adequate information as to the identity Barbara the necessary steps to come into and quality of the product. The Alcohol compliance within a reasonable period and Tobacco Tax and Trade Bureau TTB received a petition from Wes of time, FHWA shall extend such tolling (TTB) administers the regulations Hagen, Vineyard Manager and authority. promulgated under the FAA Act. Winemaker at Clos Pepe Vineyards, Lompoc, , on behalf of Happy (b) The FHWA may take other action Part 4 of the TTB regulations (27 CFR Canyon vintners and grape growers, as may be appropriate, including action part 4) allows the establishment of proposing the establishment of the pursuant to § 1.36 of this title. definitive viticultural areas and the use Happy Canyon of Santa Barbara of their names as appellations of origin [FR Doc. E9–24296 Filed 10–7–09; 8:45 am] American viticultural area. According to on wine labels and in wine BILLING CODE 4910–22–P the petitioner, the proposed viticultural advertisements. Part 9 of the TTB area encompasses 23,941 acres, 492 regulations (27 CFR part 9) contains the acres of which are in commercial list of approved viticultural areas. DEPARTMENT OF THE TREASURY viticulture in 6 vineyards. The proposed Definition viticultural area is entirely within the Alcohol and Tobacco Tax and Trade viticultural area (27 Bureau Section 4.25(e)(1)(i) of the TTB CFR 9.54), which in turn is completely regulations (27 CFR 4.25(e)(1)(i)) defines within the multicounty Central Coast 27 CFR Part 9 a viticultural area for American wine as viticultural area (27 CFR 9.75). a delimited grape-growing region The petitioner stated that the [Docket No. TTB–2008–0008; T.D. TTB–82; distinguishable by geographical Re: Notice No. 89] viticulture of the proposed Happy features, the boundaries of which have Canyon of Santa Barbara viticultural RIN 1513–AB52 been recognized and defined in part 9 area, in eastern Santa Ynez Valley, is of the regulations. These designations Establishment of the Happy Canyon of distinguishable from that of the rest of allow vintners and consumers to the valley, including the Sta. Rita Hills Santa Barbara Viticultural Area attribute a given quality, reputation, or (2007R–311P) viticultural area (27 CFR 9.162), in other characteristic of a wine made from western Santa Ynez Valley. We grapes grown in an area to its AGENCY: Alcohol and Tobacco Tax and summarize below the supporting Trade Bureau, Treasury. geographical origin. The establishment evidence submitted with the petition. of viticultural areas allows vintners to ACTION: Final rule; Treasury decision. describe more accurately the origin of Name Evidence SUMMARY: This Treasury decision their wines to consumers and helps According to the petitioner and USGS establishes the 23,941-acre ‘‘Happy consumers to identify wines they may maps, the ‘‘Happy Canyon of Santa Canyon of Santa Barbara’’ American purchase. Establishment of a viticultural Barbara’’ name applies to a canyon viticultural area in Santa Barbara area is neither an approval nor an located in Santa Barbara County. TTB County, California. This viticultural area endorsement by TTB of the wine notes that a search of the USGS lies within the larger Santa Ynez Valley produced in that area. Geographical Names Information viticultural area and the multicounty Requirements System (GNIS) includes 10 hits for Central Coast viticultural area. We ‘‘Happy Canyon,’’ 3 of which are in designate viticultural areas to allow Section 4.25(e)(2) of the TTB California. The petitioner originally vintners to better describe the origin of regulations outlines the procedure for proposed ‘‘Happy Canyon’’ as the name their wines and to allow consumers to proposing an American viticultural area of the viticultural area. However, based better identify wines they may and provides that any interested party on results of the GNIS search, TTB purchase. may petition TTB to establish a grape- determined that the Happy Canyon growing region as a viticultural area. name would require a geographical DATES: Effective Date: November 9, Section 9.3(b) of the TTB regulations modifier to pinpoint its physical 2009. requires the petition to include— location and avoid potential consumer FOR FURTHER INFORMATION CONTACT: • Evidence that the proposed confusion with other identical or similar Brady Groscost, Regulations and Rulings viticultural area is locally and/or names. After careful consideration, the Division, Alcohol and Tobacco Tax and nationally known by the name specified petitioner modified the name of the Trade Bureau, 1310 G St. NW., Room in the petition; petitioned-for viticultural area to

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‘‘Happy Canyon of Santa Barbara.’’ The location of the best grape-growing areas, the rolling foothills of the Santa Agueda petitioner believes that the proposed viable agricultural soils, sparse and Creek Valley, where cattle graze both Happy Canyon of Santa Barbara rocky pine forests, and high elevations. sides of the creek, lie immediately viticultural area name will identify the Photographs and descriptions of the inside the proposed western boundary area as a unique grape-growing region landscape in the proposed viticultural line. As the Santa Agueda Creek Valley for both consumers and industry area tell of the change from green rises to the west, rolling foothills meet members. pastures to stony, infertile soils at the steep canyons at the western boundary According to the USGS Lake Los Padres National Forest to the line of the proposed Happy Canyon of Cachuma, Santa Ynez, and Figueroa northeast. The U.S. Department of Santa Barbara viticultural area. The Mountain maps that the petitioner Agriculture, Soil Conservation Service, petitioner notes that the steepness of the provided, Happy Canyon is a region that did not map the soils in the national terrain to the west and outside of the descends in elevation northeast-to- forest. However, as shown on the USGS proposed boundary line contrasts with southwest, north and west of Lake maps submitted with the petition, the topography and geology of the Cachuma in Santa Barbara County. elevations north of Happy Canyon rise preserved oak scrubland, open rolling Happy Canyon Road, a light-duty road, from 1,200 to 3,200 feet, far exceeding grazing land, and vineyards to the east, meanders through the proposed the average 1,200-foot elevation within inside the proposed boundary line. viticultural area. the proposed viticultural area. A road map of Santa Barbara County The USGS maps show that the eastern Distinguishing Features shows that the Happy Canyon area and boundary line of the proposed Happy The petitioner states that the Happy Canyon Road are to the east of Canyon of Santa Barbara viticultural distinguishing features of the proposed the town of Santa Ynez (Automobile area runs, north to south, along the Happy Canyon of Santa Barbara Club of , California border of the Los Padres National viticultural area are climate, State Automobile Association, January Forest, and continues south along the topography, drainage, soils, and 2003 edition). The map also shows that dividing line of several land grants. The geology. Happy Canyon, in the eastern the Happy Canyon area is within Santa proposed boundary line cuts through portion of the Santa Ynez Valley, and Barbara County. steep, mountainous terrain where the western portion of the Santa Ynez Valley have overt differences in climate, Boundary Evidence elevations are between approximately 800 and 3,400 feet. The petitioner geological parent material, and soil The petitioner documents that the explains that the proposed eastern drainage patterns. proposed Happy Canyon of Santa boundary line uses the same line Climate Barbara viticultural area lies in the established in 1983 for the eastern eastern part of the 40-mile-wide Santa border of the Santa Ynez Valley According to the petitioner, of all the Ynez Valley and the northern part of viticultural area. Local winegrowers in grape-growing areas in the Santa Ynez Santa Barbara County, California. As Happy Canyon assert that the eastern Valley, Happy Canyon is the furthest shown on USGS maps, Happy Canyon boundary line applies equally well to inland and has the warmest climate. It comprises canyon terrain, hills, and the Santa Ynez Valley and the proposed is located in the easternmost part of the river and creek basins to the east and Happy Canyon of Santa Barbara Santa Ynez Valley, and the daytime south of the San Rafael Mountains, west viticultural areas. highs and nighttime lows in that part of of , and north of the Santa According to the written boundary the county vary more in a 24-hour Ynez River. description in the petition and the period than those in other parts of the The petitioner explains that the USGS maps, the southern boundary line valley. At about 12 miles west of the proposed boundary line of the Happy of the proposed Happy Canyon of Santa proposed viticultural area, the inland Canyon of Santa Barbara viticultural Barbara viticultural area coincides with mountain ranges change direction from area was drawn by a local committee of the southern boundary line of the Santa west-east to north-south. The north- viticulturists, consultants, and vintners, Ynez Valley viticultural area along the south mountain ridge blocks the Pacific all of whom had formal training in boundary line of the Lake Cachuma coastal breezes, preventing them from geology, geography, and agriculture. The Recreation Area to its intersection with cooling the canyon. As a result, the proposed boundary line encompasses a the . The proposed ridge traps in heat in Happy Canyon unique geological and climatic grape- boundary line then follows the Santa during the warmer growing months. growing region on the east side of the Ynez River west to its intersection with The petition for the Happy Canyon of Santa Ynez Valley viticultural area. The a road, where the boundary line turns Santa Barbara viticultural area includes proposed boundary line skirts the San north. climatic data for the period 2004–6 Rafael Mountains to the north, the Los The petitioner explains that the provided by Kerry Martin of Coastal Padres National Forest to the east, and committee, in determining the Vineyard Care Associates. Some of the the Lake Cachuma Recreation Area on southwestern portion of the boundary of data for the Happy Canyon area and the portions of the south side, according to the proposed viticultural area, areas to the west and north of Happy the written boundary description. The considered only areas that were Canyon were obtained from data proposed boundary line, continuing in a traditionally known as Happy Canyon stations located in vineyards and clockwise direction, incorporates a and that had similar potential for maintained by Coastal Vineyard Care portion of the Santa Ynez River as the viticulture. Associates. The data for the areas to the south boundary line, and uses a series The petitioner explains that the east and south of Happy Canyon were of straight lines between elevation central and northerly portions of the retrieved from the Western Regional points to skirt the steep foothills west of western boundary line of the proposed Climate Center (at http:// Santa Agueda and Figueroa Creeks. Happy Canyon of Santa Barbara www.wrcc.dri.edu/) and the California According to the petitioner, the viticultural area define the boundaries Irrigation Management Information northern and northeastern portions of of grazed, rolling hills and deep canyons System (at http:// the boundary line of the proposed with ridge lines 1,200 to 1,800 feet in wwwcimis.water.ca.gov/cimis/ Happy Canyon of Santa Barbara elevation. According to the written welcome.jsp), respectively. The viticultural area are based on the boundary description and USGS maps, petitioner used those data in creating

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the table below, which compares In the Winkler system, as a growth. The data, in degree days, show growing degree days, based on the measurement of heat accumulation that, compared to the Happy Canyon Winkler climate classification system, during the growing season, 1 degree day area, areas to the north, south, and west for Happy Canyon and the surrounding accumulates for each degree Fahrenheit of Happy Canyon average between 5 and areas; see ‘‘General Viticulture,’’ by that a day’s mean temperature is above 20 percent cooler and the area to the Albert J. Winkler, University of 50 degrees, which is the minimum east averages 15 percent warmer. California Press, 1974. temperature required for grapevine

GROWING DEGREE DAYS WITHIN AND OUTSIDE OF HAPPY CANYON, 2004–2006

Percent cooler Location relative to Happy Canyon 2004 2005 2006 Overall or warmer than average Happy Canyon

In Happy Canyon ...... 3,414 3,187 3,419 3,340 Same. North—Los Alamos...... 3,250 2,700 3,200 3,050 9% cooler. East— ...... 3,872 3,721 3,965 3,853 15% warmer. South—Santa Barbara ...... 2,795 2,537 2,721 2,684 20% cooler. West—Ballard Canyon...... 3,300 2,950 3,250 3,167 5% cooler.

Topography Santa Barbara Area, California,’’ issued The petitioner explains that the soils The petitioner explains that the by the United States Department of in the western portion of the Santa Ynez topography of the proposed Happy Agriculture, Soil Conservation Service, Valley viticultural area, compared to the Canyon of Santa Barbara viticultural 1972). Alluvial soils are at lower soils in the proposed Happy Canyon of area includes varying elevations, rolling elevations and on bottoms of canyons; Santa Barbara viticultural area, have less foothills, and a distinctive southwest upland soils are at higher elevations of magnesium, a significantly lower CEC drainage. According to the USGS maps, canyons and on surrounding peaks and level, and higher amounts of the proposed viticultural area lies on the hilltops. exchangeable sodium. Although east side and in the higher elevations of The petitioner explains that the drainage patterns change along the the Santa Ynez Valley region. Elevations current soil survey shows that the soil proposed western boundary line, the within the proposed boundary line characteristics of the proposed Happy soils on both sides of the boundary line range from 500 feet in the southwest Canyon of Santa Barbara viticultural are similar. area include green serpentine corner to 3,430 feet in the northeast The Positas-Ballard-Santa Ynez soil (magnesium silicate hydroxide) parent corner, in the foothills of the San Rafael association is scattered throughout material, elevated levels of Range. much of the southern part of the exchangeable magnesium, lower levels The petitioner explains that between proposed Happy Canyon of Santa of exchangeable sodium, and a high the Pacific Ocean and the Santa Ynez Barbara viticultural area. Sedimentary cation exchange capacity (CEC). High Valley, hills and mountains trend west- rock, unfavorable for viticulture, is CEC levels, because of the amount of to-east. As the elevation of the Santa predominant along the south side of the positively charged ions in the soils, Ynez Valley rises from west to east, the Santa Ynez River, outside the proposed increase the uptake of nutrients by plant hills and mountains turn from a west- boundary line. east direction to a generally north-south roots. direction. The proposed viticultural The proposed viticultural area The petitioner provides the results of area, located inland, lies along comprises the Shedd-Santa Lucia-Diablo two soil studies conducted in mountains and hills with a north-south and Toomes-Climara associations on connection with the proposed Happy orientation. uplands. The Shedd-Santa Lucia-Diablo Canyon of Santa Barbara viticultural association consists of strongly sloping area. The first study details the Drainage to very steep, well drained shaly clay differences in CEC among soils tested at According to the petitioner, the loams and silty clays. The Toomes- sites in the proposed viticultural area southwest drainage pattern of the Climara association consists of and in areas immediately southwest and proposed viticultural area is moderately steep to very steep, further west of the proposed boundary comparatively unique. To the west of somewhat excessively drained and well line, in the western end of the Santa the proposed boundary line, between drained clay loams and clays. Ynez Valley. The study shows that the Santa Agueda Creek and Figueroa The Chamise-Arnold-Crow Hills soils in the proposed viticultural area Mountain Road, the drainage pattern association is of greater extent in the have significantly more magnesium and trends south-southeast. western portion of the Santa Ynez an elevated CEC level as compared to Valley viticultural area, west of the the soils in areas beyond the proposed Soils and Geology proposed Happy Canyon of Santa boundary line to the southwest and west According to the current soil survey, Barbara viticultural area. This (see table below). The petitioner also the two major soil types in the proposed association consists of gently sloping to notes that the levels of calcium and Happy Canyon of Santa Barbara very steep, well drained and somewhat sodium in the soils in the Happy viticultural area are related to excessively drained sands to clay loams Canyon are less than half those in the topography (‘‘Soil Survey of Northern on high terraces and uplands. soils to the southwest and west.

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CATION EXCHANGE CAPACITY (CEC) IN SOILS WITHIN AND OUTSIDE OF HAPPY CANYON [meq/100g = milliequivalents of cations absorbed per 100 grams of soil]

Location Magnesium Calcium Sodium Total CEC in meq/100g

Percent of total CEC

Westerly Vineyard (in Happy Canyon) ...... 74.1 23.1 0.72 32.0 Armour Ranch Road and Hwy 154 (1 mile southwest of Happy Canyon) ..... 34.4 60.0 2.0 12.5 Clos Pepe (in the Sta. Rita Hills viticultural area, in the west end of Santa Ynez Valley) ...... 26.0 61.0 5.0 11.6

The second study that the petitioner away. The study is based on an acreage confirm the differences in total acreage provided examines the differences in table of the soils on approximately and slope of soils in areas on either side soils in the proposed Happy Canyon of 35,000 acres within the proposed of the proposed western boundary line Santa Barbara viticultural area and in viticultural area and on an equal of the Happy Canyon of Santa Barbara canyons outside the boundary line, as number of acres to the west (see ‘‘Soil viticultural area (see table below). far west as Figueroa Mountain Road, Survey of Northern Santa Barbara Area, which is located approximately 4 miles California’’). The results of that study

DOMINANT SOIL MAP UNITS WITHIN AND OUTSIDE OF HAPPY CANYON

Number of map Soil symbol and soil name units/percentage Percentage slope of survey area

Happy Canyon of Santa Barbara (East of Foothills Adjacent to Santa Agueda Creek)

DaF—Diablo silty clay ...... 28/14 30 to 45 percent. SrG3—Shedd silty clay loam ...... 23/12 9 to 30 percent. SdC—Salinas silty clay loam ...... 11/6 2 to 9 percent. ChF—Chamise shaly loam ...... 11/6 15 to 45 percent. SrG—Shedd silty clay loam ...... 11/6 9 to 30 percent.

Figueroa Area (West of Foothills and Santa Agueda Creek to Figueroa Mountain Road)

PtC—Positas fine sandy loam ...... 25/17 2 to 9 percent. ChF—Chamise shaly loam ...... 22/15 15 to 45 percent. PtD—Positas fine sandy loam ...... 13/9 9 to 15 percent. CkF—Chamise clay loam ...... 11/8 30 to 45 percent. SnC—Santa Ynez gravelly fine sandy loam ...... 11/8 9 to 15 percent.

According to the petitioner, the warrant the establishment of this new 1985 (50 FR 43128), identified an area results of the soil study above show a viticultural area within the existing between the Pacific Ocean and the unique geological pattern that justifies Santa Ynez Valley and the larger Central California Coastal Ranges as being under placing the western portion of the Coast viticultural areas. We also marine influence on climate. T.D. ATF– proposed boundary line in the vicinity solicited comments on the sufficiency 216 stated that the marine influence of the Santa Agueda and Figueroa and accuracy of the name, boundary, caused precipitation, heat summation, Creeks. The results also show that the climatic, and other required information maximum high temperatures, minimum Happy Canyon area comprises a group submitted in support of the petition. We low temperatures, length of frost free of soils different from those found to the received seven comments from season, wind, marine fog incursion, and west. individuals in response to that notice, relative humidity to be significantly and all supported the establishment of Notice of Proposed Rulemaking and different from those on the opposite side the Happy Canyon of Santa Barbara Comments Received of the Coastal Ranges, which is typically viticultural area as originally proposed. arid or semiarid. It also recognized the TTB published Notice No. 89 TTB Finding existence of microclimates within this regarding the proposed Happy Canyon relatively large AVA. The Santa Ynez of Santa Barbara viticultural area in the As stated above, the proposed Valley viticultural area, established by Federal Register (73 FR 46830) on viticultural area is entirely within the T.D. ATF–132 published in the Federal August 12, 2008. In that notice, TTB Santa Ynez Valley viticultural area (27 Register on April 15, 1983 (48 FR invited comments by October 14, 2008, CFR 9.54), which in turn is completely 16250), was recognized as having a cool from all interested persons. We within the multicounty Central Coast Region II climate on the Winkler system, expressed particular interest in viticultural area (27 CFR 9.75). The citing the average degree days in receiving comments on whether the Central Coast viticultural area, Solvang in the center of the valley, and evidence regarding name and established by T.D. ATF–216 published also that summertime temperatures distinguishing features is sufficient to in the Federal Register on October 24, increase going west to east. T.D. ATF–

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132 also identifies rainfall average of 16 TTB regulations, at least 85 percent of PART 9—AMERICAN VITICULTURAL inches, fog, and three major soils the wine must be derived from grapes AREAS associations (Positas-Ballard-Santa grown within the area represented by ■ 1. The authority citation for part 9 Ynez, Chamise-Arnold-Crow Hill, and that name or other term, and the wine continues to read as follows: Shedd Santa Lucia-Diablo) as being must meet the other conditions listed in distinguishing geographical features. 27 CFR 4.25(e)(3). If the wine is not Authority: 27 U.S.C. 205. Although the proposed Happy Canyon eligible for labeling with the viticultural of Santa Barbara viticultural area shares Subpart C—Approved American area name or other viticulturally Viticultural Areas some of the characteristics of the Central significant term and that name or term Coast and Santa Ynez Valley viticultural appears in the brand name, then the ■ 2. Subpart C is amended by adding areas, its location furthest inland and label is not in compliance and the § 9.217 to read as follows: near a north-south mountain ridge bottler must change the brand name and blocking some of the marine influence obtain approval of a new label. § 9.217 Happy Canyon of Santa Barbara. and its unique soil characteristic of high Similarly, if the viticultural area name (a) Name. The name of the viticultural CEC justify recognition of Happy or other viticulturally significant term area described in this section is ‘‘Happy Canyon of Santa Barbara as a distinct appears in another reference on the Canyon of Santa Barbara’’. For purposes viticultural area within the two existing label in a misleading manner, the bottler of part 4 of this chapter, ‘‘Happy Canyon AVAs. of Santa Barbara’’ is a term of would have to obtain approval of a new Accordingly, after careful review of viticultural significance. the petition and the comments received, label. Accordingly, if a previously (b) Approved maps. The four United TTB finds that the evidence submitted approved label uses the name ‘‘Happy States Geological Survey 1:24,000 scale supports the establishment of the Canyon of Santa Barbara’’ for a wine topographic maps used to determine the proposed viticultural area. Therefore, that does not meet the 85 percent boundary of the Happy Canyon of Santa under the authority of the Federal standard, the previously approved label Barbara viticultural area are titled: Alcohol Administration Act and part 4 will be subject to revocation, upon the (1) Los Olivos, CA, 1995; of our regulations, we establish the effective date of the establishment of the (2) Figueroa Mountain, CA, 1995; ‘‘Happy Canyon of Santa Barbara’’ Happy Canyon of Santa Barbara (3) Lake Cachuma, CA, 1995; and viticultural area in Santa Barbara viticultural area. (4) Santa Ynez, CA, 1995. (c) Boundary. The Happy Canyon of County, California, effective 30 days Different rules apply if a wine has a Santa Barbara viticultural area is located from the publication date of this brand name containing a viticultural document. in Santa Barbara County, California. The area name or other term of viticultural boundary of the Happy Canyon of Santa Boundary Description significance that was used as a brand Barbara viticultural area is as described name on a label approved before July 7, below: See the narrative boundary 1986. See 27 CFR 4.39(i)(2) for details. description of the viticultural area in the (1) The beginning point is on the Los regulatory text published at the end of Regulatory Flexibility Act Olivos map at the intersection of the this document. Santa Lucia Ranger District diagonal We certify that this regulation will not line and Figueroa Mountain Road, a Maps have a significant economic impact on light-duty road, section 27, T8N, R30W. The maps for determining the a substantial number of small entities. From the beginning point, proceed boundary of the viticultural area are This regulation imposes no new southeast along the Santa Lucia Ranger listed below in the regulatory text. reporting, recordkeeping, or other District diagonal line, crossing onto the administrative requirement. Any benefit Figueroa Mountain map, and continuing Impact on Current Wine Labels derived from the use of a viticultural east to its intersection with the Part 4 of the TTB regulations prohibits area name is the result of a proprietor’s northwest corner of section 6, T7N, any label reference on a wine that efforts and consumer acceptance of R29W; then indicates or implies an origin other than wines from that area. Therefore, no (2) Proceed straight south along the the wine’s true place of origin. With the regulatory flexibility analysis is R29W and R30W line, which is a establishment of this viticultural area required. boundary line of the Los Padres and its inclusion in part 9 of the TTB National Forest, to its intersection with regulations, its name, ‘‘Happy Canyon of Executive Order 12866 the southwest corner of section 18 that Santa Barbara,’’ is recognized under 27 coincides with one of the two 90-degree, CFR 4.39(i)(3) as a name of viticultural This rule is not a significant southwest corners of the Los Padres significance. The text of the new regulatory action as defined by National Forest, T7N, R29W; then regulation clarifies this point. Executive Order 12866. Therefore, it (3) Proceed east, south, and then east, Once this final rule becomes effective, requires no regulatory assessment. along the boundary line of the Los wine bottlers using ‘‘Happy Canyon of Drafting Information Padres National Forest, to its Santa Barbara’’ in a brand name, intersection with the boundary line of including a trademark, or in another Brady Groscost of the Regulations and the Can˜ ada de Los Pinos, or College label reference as to the origin of the Rulings Division drafted this notice. Rancho Grant, at the northwest corner of wine, will have to ensure that the section 28, T7N, R29W; then product is eligible to use the viticultural List of Subjects in 27 CFR Part 9 (4) Proceed straight south along the boundary line of the Can˜ ada de Los area’s full name as an appellation of Wine. origin. Pinos, or College Rancho Grant, crossing For a wine to be labeled with a The Regulatory Amendment onto the Lake Cachuma map, to its viticultural area name or with a brand intersection with the 1,074-foot Bitt name that includes a viticultural area ■ For the reasons discussed in the elevation point and the Lake Cachuma name or other term identified as being preamble, we amend title 27 CFR, Recreation Area boundary line, section viticulturally significant in part 9 of the chapter I, part 9, as follows: 17 east boundary line, T6N, R29W; then

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(5) Proceed generally southwest along SUMMARY: In accordance with the with certainty after the information is the Lake Cachuma Recreation Area requirements of the Privacy Act of 1974, evaluated; and, (2) the access boundary line to its intersection with as amended, the Department of the provisions, as written, are consistent the Santa Ynez River to the west of Lake Treasury exempts a new Internal with the language and intent of the Cachuma and , T6N, Revenue Service (IRS) system of records Privacy Act, comport with the Treasury R30W; then entitled ‘‘Treasury/IRS 50.222—Tax regulation language for (k)(2), and (6) Proceed generally west along the Exempt/Government Entities (TE/GE) explain that the release of information Santa Ynez River, crossing onto the Case Management Records’’ from certain to the individual covered by the system Santa Ynez map, and continuing to its provisions of the Privacy Act. would provide the individual or entity intersection with California State Road DATES: Effective Date: October 8, 2009. subject to investigation with significant 154, northwest of BM 533, T6N, R30W; FOR FURTHER INFORMATION CONTACT: information concerning the nature of the then Telephonic inquiries should be directed investigation and could result in (7) Proceed north-northwest in a to Marianne Davis, Program Analyst, altering or destruction of documentary straight line 1.2 miles to the marked Internal Revenue Service, TE/GE evidence, the improper influencing of 924-foot elevation point, T6N, R30W; Division, at telephone number (949) witnesses, and other activities that then 389–4304. Written inquiries should be could impede or compromise the (8) Proceed north-northwest in a directed to Robert Brenneman, TE/GE investigation. Accordingly, the straight line 1.2 miles to the ‘‘Y’’ in an Department of the Treasury is hereby Reporting and Electronic Examination unimproved road 0.1 mile south of the giving notice that the system of records System (TREES) Project Manager, at 800-foot elevation line, west of Happy entitled ‘‘Treasury/IRS 50.222—Tax Internal Revenue Service, TE/GE Canyon Road, T6N, R30W; then Exempt/Government Entities (TE/GE) Business Systems Planning (SE:T:BSP), (9) Proceed north-northwest in a Case Management Records’’ is exempt 1111 Constitution Avenue, NW., Attn: straight line for 0.5 mile, crossing onto from certain provisions of the Privacy PE–6M4, Washington, DC 20224. the Los Olivos map, and continuing to Act. the marked 1,324-foot elevation point, SUPPLEMENTARY INFORMATION: The The provisions of the Privacy Act 0.5 mile southwest of Bar G O Ranch, Department of the Treasury published a from which the system of records is T7N, R30W; then notice of proposed rule on December 7, exempt pursuant to 5 U.S.C. 552a(k)(2) (10) Proceed north-northwest in a 2005 (Volume 70, No. 234), pages are as follows: 552a(c)(3), (d)(1), (2), (3) straight line for 2.5 miles crossing over 72739–72740, exempting the new and (4), (e)(1), (e)(4)(G), (e)(4)(H), the marked 1,432-foot elevation point in system of records from certain (e)(4)(I), and (f) because the system section 9, then continue in a straight provisions of the Privacy Act of 1974, as contains investigatory material line northerly 1.4 miles to the marked amended. The IRS published the compiled for law enforcement purposes. 1,721-foot elevation point in section 4, proposed system notice in its entirety The following are the reasons why T7N, R30W; then on December 7, 2005 (Volume 70, this system of records maintained by the (11) Proceed north in a straight line Number 234), pages 72876–72878. IRS is exempt pursuant to 5 U.S.C. 1.4 miles to the marked 2,334-foot Under 5 U.S.C. 552a(k)(2), the head of 552a(k)(2) of the Privacy Act of 1974. elevation point, west of a meandering an agency may promulgate rules to (1) 5 U.S.C. 552a(c)(3). This provision unimproved road and south of Figueroa exempt any system of records within the of the Privacy Act provides for the Mountain Road, T8N, R30W; then agency from certain provisions of the release of the disclosure accounting (12) Proceed east-northeast in a Privacy Act if the system contains required by 5 U.S.C. 552a(c)(1) and (2) straight line, returning to the beginning investigatory material compiled for law to the individual named in the record at point. enforcement purposes. Treasury/IRS his/her request. The reasons for Signed: April 27, 2009. 52.222—Tax Exempt/Government exempting this system of records from Entities (TE/GE) Case Management the foregoing provision are: John J. Manfreda, Records contains investigatory material (i) The release of disclosure Administrator. compiled for law enforcement purposes. accounting would put the tax exempt or Approved: June 11, 2009. The proposed rule requested that government entity subject to Timothy E. Skud, public comments be sent the Office of investigation or individuals connected Deputy Assistant Secretary, (Tax, Trade, and Governmental Liaison and Disclosure, with those entities on notice that an Tariff Policy). 1111 Constitution Avenue, NW., investigation exists and that such Editorial Note: This document was Washington, DC 20224, no later than person is the subject of that received in the Office of the Federal Register January 6, 2006. investigation. on October 5, 2009. The IRS received one comment on the (ii) Such release would provide the proposed rule and the system of records subject of an investigation with an [FR Doc. E9–24329 Filed 10–7–09; 8:45 am] notice urging the IRS: (1) not to exempt accurate accounting of the date, nature, BILLING CODE 4810–31–P the system of records from requirements and purpose of each disclosure and the that its information be relevant and name and address of the person or necessary for its purpose; and, (2) to agency to which disclosure was made. DEPARTMENT OF THE TREASURY limit the scope of its exemptions from The release of such information to the the Privacy act requirements to provide individual covered by the system would Office of the Secretary access and correction rights to provide the individual or entity subject individuals. to investigation with significant 31 CFR Part 1 After consideration, the IRS information concerning the nature of the determined that the public comment did investigation and could result in the Privacy Act; Implementation not present any new information that altering or destruction of documentary AGENCY: Office of the Secretary, would be a basis for changes being made evidence, the improper influencing of Treasury. to the proposed rule or system of witnesses, and other activities that records notice because: (1) Relevance could impede or compromise the ACTION: Final rule. and necessity can only be established investigation.

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