46204 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules

DEPARTMENT OF THE TREASURY Background on Viticultural Areas establishment of an AVA and provides that any interested party may petition TTB Authority Alcohol and Tobacco Tax and Trade TTB to establish a grape-growing region Bureau Section 105(e) of the Federal Alcohol as an AVA. Petitioners may use the Administration Act (FAA Act), 27 same procedures to request changes 27 CFR Part 9 U.S.C. 205(e), authorizes the Secretary involving existing AVAs. Section 9.12 of of the Treasury to prescribe regulations the TTB regulations (27 CFR 9.12) [Docket No. TTB–2014–0007; Notice No.145] for the labeling of wine, distilled spirits, prescribes standards for petitions and malt beverages. The FAA Act requesting the modification of AVAs. RIN 1514–AC10 provides that these regulations should, Petitions to expand an established AVA among other things, prohibit consumer must include the following: Proposed Expansion of the Sta. Rita deception and the use of misleading • Evidence that the region within the Hills Viticultural Area statements on labels, and ensure that proposed expansion area boundary is labels provide the consumer with AGENCY: nationally or locally known by the name Alcohol and Tobacco Tax and adequate information as to the identity Trade Bureau, Treasury. of the established AVA; and quality of the product. The Alcohol • An explanation of the basis for ACTION: Notice of proposed rulemaking. and Tobacco Tax and Trade Bureau defining the boundary of the proposed (TTB) administers the FAA Act SUMMARY: The Alcohol and Tobacco Tax expansion area; pursuant to section 1111(d) of the and Trade Bureau (TTB) proposes to • A narrative description of the Homeland Security Act of 2002, expand the approximately 33,380-acre features of the proposed expansion area codified at 6 U.S.C. 531(d). The ‘‘Sta. Rita Hills’’ viticultural area in affecting viticulture, such as climate, Secretary has delegated various Santa Barbara County, California, by geology, soils, physical features, and authorities through Treasury approximately 2,296 acres. The elevation, that make the proposed Department Order 120–01 (Revised), established Sta. Rita Hills viticultural expansion area similar to the dated December 10, 2013, to the TTB area and the proposed expansion area established AVA and distinguish it from Administrator to perform the functions are located entirely within the larger adjacent areas outside the established and duties in the administration and and Central Coast AVA boundary; enforcement of this law. • A copy of the appropriate United viticultural areas. TTB designates Part 4 of the TTB regulations (27 CFR viticultural areas to allow vintners to States Geological Survey (USGS) map(s) part 4) allows the establishment of showing the location of the proposed better describe the origin of their wines definitive viticultural areas and the use and to allow consumers to better expansion area, with the boundary of of their names as appellations of origin the proposed expansion area clearly identify wines they may purchase. TTB on wine labels and in wine invites comments on this proposed drawn thereon; and advertisements. Part 9 of the TTB • A detailed narrative description of addition to its regulations. regulations (27 CFR part 9) sets forth DATES: Comments must be received by the proposed expansion area boundary standards for the preparation and based on USGS map markings. October 6, 2014. submission of petitions for the ADDRESSES: Please send your comments establishment or modification of Petition To Expand the Sta. Rita Hills on this notice to one of the following American viticultural areas (AVAs) and Viticultural Area addresses. Comments submitted by lists the approved American viticultural TTB received a petition from Patrick other methods, including email, will not areas. L. Shabram, on behalf of John be accepted. Sebastiano Vineyards and Pence Ranch • Definition Internet: http://www.regulations.gov Vineyards, proposing to expand the Section 4.25(e)(1)(i) of the TTB (via the online comment form for this established Sta. Rita Hills AVA. The Sta. regulations (27 CFR 4.25(e)(1)(i)) defines notice as posted within Docket No. Rita Hills AVA (27 CFR 9.162) was a viticultural area for American wine as TTB–2014–0007 at ‘‘Regulations.gov,’’ established by T.D. ATF–454, published a delimited grape-growing region having the Federal e-rulemaking portal); in the Federal Register on May 31, 2001 • distinguishing features as described in U.S. Mail: Director, Regulations and (66 FR 29476).1 part 9 of the regulations and a name and Rulings Division, Alcohol and Tobacco The Sta. Rita Hills AVA, which covers a delineated boundary as established in Tax and Trade Bureau, 1310 G Street approximately 33,380 acres, is located part 9 of the regulations. These NW., Box 12, Washington, DC 20005; or in Santa Barbara County, California, • designations allow vintners and Hand delivery/courier in lieu of between the towns of Lompoc to the consumers to attribute a given quality, mail: Alcohol and Tobacco Tax and west and Buellton to the east. The Sta. reputation, or other characteristic of a Trade Bureau, 1310 G Street NW., Suite Rita Hills AVA and the proposed wine made from grapes grown in an area 200–E, Washington, DC 20005. expansion area are located within the to its geographic origin. The Please Note: See the Public Participation Santa Ynez Valley AVA (27 CFR 9.54), establishment of AVAs allows vintners section of this notice for specific instructions which is also entirely within Santa to describe more accurately the origin of and requirements for submitting comments, Barbara County. The Santa Ynez Valley their wines to consumers and helps and for information on how to request a AVA is, in turn, within the larger consumers to identify wines they may public hearing or view or obtain copies of the multicounty Central Coast AVA (27 CFR petition and supporting materials. purchase. Establishment of an AVA is neither an approval nor an endorsement 1 The Sta. Rita Hills AVA was originally FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that Karen A. Thornton, Regulations and established under the name ‘‘Santa Rita Hills.’’ The area. AVA name was later abbreviated to ‘‘Sta. Rita Hills’’ Rulings Division, Alcohol and Tobacco in order to prevent possible confusion between Tax and Trade Bureau, 1310 G Street Requirements wines bearing the Santa Rita Hills appellation and NW., Box 12, Washington, DC 20005; the Santa Rita brand name used by a Chilean Section 4.25(e)(2) of the TTB winery. For details, see T.D. TTB–37, published in phone 202–453–1039, ext. 175. regulations (27 CFR 4.25(e)(2)) outlines the Federal Register on December 7, 2005 (70 FR SUPPLEMENTARY INFORMATION: the procedure for proposing the 72710).

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9.75). The Sta. Rita Hills AVA and the As noted above, the petition proposes intersects with a jeep trail at the 1,635- proposed expansion area do not overlap to move a portion of the existing eastern foot elevation point, and the boundary any other established or proposed boundary of the Sta. Rita Hills AVA to finally proceeds northwest in a straight AVAs. a road located within the canyon known line to an unnamed hilltop with an The proposed expansion area is as Can˜ ada de los Palos Blancos, and the elevation of 1,443 feet. The 1,443-foot located along a portion of the existing proposed expansion area does not elevation point is where the proposed eastern boundary of the Sta. Rita Hills extend east of that canyon. Therefore, boundary rejoins the current Sta. Rita AVA. The proposed expansion would based on the definition of the Santa Rita Hills AVA eastern boundary, at the move a portion of the AVA’s existing Hills in the 1906 US Board on southeastern corner of the top ‘‘step’’. boundary further to the east, to a road Geographic Names decision card, the Although the terrain immediately to within a north-to-south canyon, named proposed expansion area is located the east of the proposed expansion area ‘‘Can˜ ada de los Palos Blancos,’’ located within the region defined as the Santa is similar to the terrain within the west of Buellton. The expansion area Rita Hills. Furthermore, although the proposed expansion area, the petitioner contains approximately 2,296 acres and boundaries of the proposed expansion did not include this land in the three commercial vineyards, two of area extend north of the Santa Rita proposed expansion area because the which are currently divided by the Valley and south of the Santa Ynez area east of the canyon is not known as existing AVA boundary (the Rio Vista River, TTB notes that the current Sta. ‘‘Santa Rita Hills.’’ Additionally, farther Vineyard and the John Sebastiano Rita Hills AVA boundary also east beyond the proposed eastern Vineyard). encompasses land north of the Santa boundary, the flat, level floodplain of According to the petition, the climate, Rita Valley and south of the Santa Ynez the Santa Ynez River becomes broader topography, soils, and native vegetation River, and the proposed expansion area and the hills begin to take on a north- of the proposed expansion area are boundaries do not extend any farther south orientation, compared to the east- similar to those of the established AVA. north or south than the current AVA west orientation of the hills of the Unless otherwise noted, all information boundaries. proposed expansion area and the Sta. and data pertaining to the proposed Rita Hills AVA. The area immediately to expansion area contained in this Boundary Evidence the south and west of the proposed document are from the petition and its The current eastern boundary of the expansion area is the Sta. Rita Hills supporting exhibits. (The expansion Sta. Rita Hills AVA resembles a AVA, which has similar topography, petition, its addendums, and its exhibits staircase with three ‘‘steps’’ that, climate, and soils, which will be are posted for public viewing on the progressing in a north-to-south discussed later in this document. The Regulations.gov Web site direction, take the AVA’s boundary area to the north of the proposed (www.regulations.gov) within Docket progressively further to the east. The expansion area contains the higher No. TTB–2014–0007 as ‘‘supporting proposed expansion area abuts the elevations of the Purisima Hills, which documents.’’) middle and bottom ‘‘steps’’. The are also to the north of the current Santa existing boundary’s bottom ‘‘step’’ Name Evidence Rita Hills AVA boundary. currently splits the Rio Vista Vineyard, The petition provides evidence that and the middle ‘‘step’’ currently divides Distinguishing Features the proposed expansion area is the John Sebastiano Vineyard, placing a According to the petition, the associated with the name ‘‘Sta. Rita portion of these two vineyards within proposed expansion area contains the Hills.’’ The name ‘‘Sta. Rita Hills’’ is an the proposed expansion area. The third same climate, topography, soils, and abbreviation of ‘‘Santa Rita Hills,’’ vineyard within the proposed expansion native vegetation that distinguish the which is the name of the major area, Pence Ranch, is located east of the established Sta. Rita Hills AVA from the geographical feature of both the John Sebastiano Vineyard and west of surrounding region. Because the established AVA and the proposed the Can˜ ada de los Palos Blancos. The established Sta. Rita Hills AVA is expansion area. The petition notes that locations of the three vineyards are located to the immediate west and south the USGS Board on Geographic Names marked on the map in Exhibit J of the of the proposed expansion area, the defines the geographic feature known as petition. distinguishing features of the proposed the Santa Rita Hills as a ridge ‘‘bound The proposed expansion area’s expansion area will only be contrasted on the south by Santa Ynez River and southeastern-most point marks the with the regions to the north and east. on the north by Santa Rita Valley, just beginning point of its boundary and is east of the community of Lompoc.’’ A located at the northeast corner of the Climate 1906 decision card, issued by the USGS bottom ‘‘step’’ formed by the current According to the expansion petition Board on Geographic Names to define a AVA boundary, at the peak of an and T.D. ATF–454, the defining geographic feature more specifically, unnamed 1,174-foot hilltop, south of characteristic of the established Sta. Rita describes the Santa Rita Hills as ‘‘[h]ills, Santa Rosa Road. The proposed Hills AVA is its cooler, marine- between Santa Ynez and Santa Rita boundary then proceeds northwest to influenced climate. Cool air from the Valleys, east of Lompoc, extending to the intersection of Santa Rosa Road and Pacific Ocean moves west-to-east across the mouth of the Can˜ ada de los Palos an unnamed, unimproved road east of a the Sta. Rita Hills AVA along two Blancos, Santa Barbara County, Cal.’’ gaging station. The proposed boundary paths––the Santa Ynez River and the Evidence provided in the original Sta. then follows the unimproved road west, Santa Rita Valley. The Pacific air Rita Hills petition and discussed in T.D. crossing the Santa Ynez River, to the travelling through the AVA via the ATF–454 demonstrates that the hills are 320-foot elevation contour and Santa Rita Valley exits the AVA through still known as the ‘‘Santa Rita Hills,’’ continues along that meandering a narrow gap in the mountains along and that other features within the AVA contour to an unnamed, unimproved State Highway 246, which separates the share the ‘‘Santa Rita’’ name, including road running along the bottom of the Purisima Hills (to the north of the AVA) the hydrological feature known as the Can˜ ada de los Palos Blancos. The from the Santa Rosa Hills (to the south Santa Rita Uplands Basin and the proposed boundary then follows that of the AVA). The marine air moderates historic Santa Rita Land Grant and unimproved road north-northwest the temperatures within the Sta. Rita Rancho Santa Rita. through the canyon where the road then Hills AVA and also brings nighttime

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and early-morning fog to the region. The Lake Cachuma and the Happy Canyon vineyard within the proposed expansion moderated temperatures allow for the of Santa Barbara AVA are approximately area. production of cool-climate wine grapes 15 miles east of Highway 101. T.D.– The petition also includes such as Chardonnay and Pinot Noir. ATF–454 also states that the regions east temperature data from five weather TTB notes that T.D. ATF–454 does of U.S. Highway 101 typically do not stations located within the Sta. Rita not include climate data from within the grow Pinot Noir or Chardonnay because Hills AVA (Locations A, B, C, D, and E), Sta. Rita Hills AVA or the region the climate is more suitable for growing one weather station located within the immediately to the east of the Sta. Rita grapes that require ‘‘significantly higher proposed expansion area (Location F, Hills AVA, which is now the location of temperature * * * for adequate between the John Sebastiano Vineyard the proposed expansion area. Instead, ripening,’’ such as , and the Pence Ranch Vineyard), and one T.D. ATF–454 includes data from , , Sauvignon weather station (Location G) within the Lompoc, the town adjacent to the Blanc, and Mourvedre. Ballard Canyon AVA (27 CFR 9.230). western border of the AVA, and from At the time the Sta. Rita Hills AVA TTB notes that the Ballard Canyon AVA Lake Cachuma, which is farther east of was established, viticulture did not exist is approximately 4 miles northeast of the proposed expansion area and within within the proposed expansion area, Buellton and is closer to the Sta. Rita the easternmost portion of the Santa and the eastern boundary of the Sta. Rita Hills AVA and the proposed expansion Ynez Valley AVA. TTB notes that Lake Hills AVA was believed to be the limit area than Lake Cachuma is. The Cachuma is near the region that now of the marine-moderated climate that locations of each of the weather stations contains the Happy Canyon of Santa was suitable for growing cool-climate are shown on a map in Exhibit G of the Barbara AVA (27 CFR 9.217). T.D. ATF– wine grapes such as Pinot Noir. expansion petition. Table 1, shown 454 states that the region around Lake However, three vineyards are now below, lists the growing season (April Cachuma is significantly warmer than established within the proposed through October) degree day heat the Sta. Rita Hills AVA because ‘‘the expansion area, and all three vineyards summations 2 for the seven weather coastal influence is not nearly as grow Pinot Noir, demonstrating that a stations. Although the petition also pronounced in the Santa Ynez Valley marine-moderated climate does extend includes data from 2007, 2010, and 2011 east of Highway 101 and the Buellton beyond the existing eastern boundary of for Locations A, B, E, and G, Table 1 Flats.’’ TTB notes that U.S. Highway 101 the Sta. Rita Hills AVA. Additionally, includes only data from 2008 and 2009 runs north-south through the town of marine fog is common within the because those are the only two years for Buellton, approximately 4 miles due proposed expansion area at night and in which data was available from all seven east of the current Sta. Rita Hills AVA’s the early morning during the growing stations. The additional temperature eastern boundary, as measured from the season, as it is within the Sta. Rita Hills data is in the petition, which may be point where State Route 246 crosses that AVA. As evidence, the petition includes viewed online at the Regulations.gov boundary as shown on the USGS Los a photo of fog settled over the Pence Web site (www.regulations.gov) within Alamos and Solvang quadrangle maps. Ranch Vineyards, the easternmost Docket No. TTB–2014–0007.

TABLE 1

Location 2008 2009 Average

Sta. Rita Hills AVA: Location A ...... 2,869 2,786 2,827 Location B ...... 2,997 2,967 2,982 Location C ...... 3,008 2,944 2,976 Location D ...... 3,249 3,146 3,197 Location E ...... 3,363 3,306 3,334 Proposed Expansion Area (Location F) ...... 3,321 3,245 3,283 Ballard Canyon AVA (Location G) ...... 3,859 3,702 3,780

The data in Table 1 shows that within The table also shows that the the Location E station during 2007, the Sta. Rita Hills AVA, degree day unit proposed expansion area is cooler than 2010, and 2011 that shows Location E accumulation varies depending on the the Ballard Canyon AVA and warmer has consistently warmer temperatures location. Locations in the western than most locations within the Sta. Rita than the other locations within the Sta. portion of the AVA accumulate fewer Hills AVA except Location E, which is Rita Hills AVA. A map of current degree day units over the course of the located in the southeastern portion of vineyard locations within the Sta. Rita growing season than locations in the the Sta. Rita Hills AVA, directly south Hills AVA, included as Exhibit J of the eastern portion, and all locations within of the proposed expansion area. petition, shows the Location E station is the Sta. Rita Hills AVA have fewer Although only data from 2008 and 2009 in an area of active viticulture with at degree day units than the Ballard is included in Table 1, the petition least five vineyards nearby. An internet Canyon AVA farther to the east. includes additional data gathered from search by TTB showed that all of the

2 Heat summations were calculated using the number and 50 is the number of degree day units temperature above the base of 50 degree F Growing Degree Day Method, which calculates assigned to that day. For example, if the highest multiplied by 30 days per month during the degree day units based on an average daily temperature for a given day is 70 degrees F and the growing season of April through October. The temperature and uses the base temperature of 50 lowest temperature is 40 degrees F, the Growing petition states that the Growing Degree Day Method degrees Fahrenheit (F) as the minimum possible Degree Day method would calculate the average often results in a higher degree day unit total than temperature. To calculate the degree day units for temperature as (70 + 50) ÷ 2 = 60, and that day the Winkler method. As an example, Station E had a given day, the day’s highest temperature is added would be assigned 10 degree day units (60 is 10 a heat summation of 2,751 degree days in 2010 to either the day’s lowest temperature or the base more than the base of 50). This method contrasts using the Growing Degree Day Method, but had temperature of 50, whichever is higher, and then with the Winkler heat summation method, which 2,677 degree days in 2010 using the Winkler divided by 2. The difference between the resulting uses the sum of the average monthly high method.

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vineyards shown on Exhibit J as being shown below, compares the degree day contrast, the graph comparing the near the Location E station grow Pinot heat summations for the three stations. proposed expansion area (Location H) to Noir, indicating that even though the Ballard Canyon (Location G) shows a temperatures near the Location E station TABLE 2 significantly higher daily degree day may be warmer than other locations total for Ballard Canyon, very few days within the Sta. Rita Hills AVA, the 2013 Degree showing close to or equal degree totals, temperatures are still cool enough to Location day heat summation and no days showing fewer totals for allow for the production of cool-climate Ballard Canyon. In sum, this data grapes such as Pinot Noir that are Proposed expansion area further demonstrates that the characteristic of the AVA. (Location H) ...... 3,318 temperatures within the proposed Finally, the data also shows that Sta. Rita Hills AVA (Location expansion area are more similar to those degree day unit accumulations within D) ...... 3,169 of the Sta. Rita Hills AVA than those of the Sta. Rita Hills AVA are not entirely Ballard Canyon (Location G) 3,797 the regions farther to the east, such as uniform and generally increase from the Ballard Canyon AVA. east to west. For instance, there is a Although the 2013 degree day heat difference of 507 degree days between summations within the proposed Topography the average accumulations for the expansion area are greater than those T.D. ATF–454 describes the coolest station, Location A, and the from the station within the Sta. Rita topography of the Sta. Rita Hills AVA as warmest station, Location E. By Hills, the summations are more similar ‘‘an oak-studded, hill-laden maritime to those within the established AVA comparison, the difference between the throat that runs east to west, a few miles than those within the Ballard Canyon average accumulations for Location A east of Lompoc to a few miles west of AVA, farther to the east. There is only and Location F, located within the the Buellton Flats.’’ Elevations within a 4.7 percent difference between the proposed expansion area, is 456, placing the AVA range from approximately 180 2013 summations for the proposed the proposed expansion area within the feet to 1,700 feet. The Santa Ynez River expansion area (Location H) and the Sta. degree day range found within the and its floodplain valley run east-to- Rita Hills AVA (Location D), while the existing Sta. Rita Hills AVA. west through the southern portion of the 2013 summations for the Ballard The petition also included graphs AVA, and the east-to-west Santa Rita Canyon AVA (Location G) are 14.4 showing the average monthly high Valley is in the northern portion of the temperatures for the same seven percent higher than those of the proposed expansion area. The petitioner AVA. The river and the Santa Rita locations during the 2008 and 2009 Valley provide conduits for cool Pacific growing seasons. The graphs indicate notes that the 4.7 percent difference between Location H and Location D is Ocean air to enter and travel across the that the average monthly highs for the AVA. East of the Santa Rita Valley is the proposed expansion area are within the within the variability found in the narrow wind gap that separates the range of temperatures for the five analysis of temperature data from Purisima Hills from the Santa Rosa stations within the existing Sta. Rita locations solely within the Sta. Rita Hills. Hills AVA. Additionally, the average Hills. For example, degree day heat October highs within the proposed summations from 2008–2011 at After the marine air exits the AVA, expansion area and the five Sta. Rita Location E, in the southeastern corner of either via the wind gap or the Santa Hills locations were almost identical for the AVA, were an average of 5.1 percent Ynez River valley, it becomes warmer both years, with temperatures ranging higher than those at Location D, in the and drier as it travels farther inland. from 80 to 81 degrees F for 2008 and northeastern corner of the AVA. The Because of the difficulty in pinpointing approximately 75 to 76 degrees F for petitioner also states that the 2013 an exact point at which the cool marine 2009. degree day heat summations for air characteristic of the AVA begins to At the time the petition was Location H, within the proposed diminish, T.D. ATF–454 states that the submitted, climate data from within the expansion area, are lower than both the original eastern boundary was drawn proposed expansion area was only 2007 and 2008 summations for Location based on ‘‘viticultural viability available from 2008 and 2009. However, E, which were 3,360 and 3,363, (primarily hillside and alluvial basin in 2012, a private weather station was respectively. These comparisons plantings) and the coastal influence placed at the Pence Ranch Vineyards demonstrate that while the proposed suitable for cool-climate still winegrape within the proposed expansion area expansion area may accumulate more production.’’ (Location H), slightly farther to the east degree days than several of the weather The proposed expansion is comprised than the previous weather station station locations within the Sta. Rita primarily of rolling hills. As noted located within the proposed expansion Hills AVA, there are locations within above, the U.S. Board of Geographic area (Location F). The year for which the AVA that do reach higher annual Names considers the proposed data from an entire growing season was degree day summations than the expansion area to be geographically part available was 2013, and the petitioner proposed expansion area. of the Santa Rita Hills. The southeastern submitted the data as Addendum 5 to Finally, the petitioner submitted two corner of the proposed expansion area the petition. Growing season data for graphs showing the 2013 daily degree does include a small portion of the 2013 was also gathered from two day accumulation for Locations D, H, flatter Santa Ynez River alluvial weather stations previously used, and G. The graphs show that although floodplain, between State Highway 246 Location D (John Sebastiano Vineyards, Location H (within the proposed and Santa Rosa Road, where the within the Sta. Rita Hills AVA) and expansion area) has a higher growing floodplain narrows significantly. Location G (within the Ballard Canyon season degree day accumulation than Elevations within the proposed AVA). Location D was chosen because Location D (within the existing Sta. Rita expansion area range from 280 feet it was the easternmost weather station Hills AVA), degree day accumulations along the Santa Ynez River to a 1,443- still existing within the Sta. Rita Hills are similar for the two stations for every foot hilltop where the northern AVA and could be expected to have date, with many dates showing identical boundary of the expansion area rejoins temperatures similar to that of the numbers and a few showing slightly the existing Sta. Rita Hills AVA proposed expansion area. Table 2, lower accumulations at Location H. By boundary.

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The proposed expansion area’s In summary, the expansion petition moderated climate and overall warmer location along the Santa Ynez River and states that although no one type of soil temperatures than those of areas closer directly east of the Santa Rita wind gap dominates both the Sta. Rita Hills AVA to the coast. However, even without a allows cooling marine air to enter the and the proposed expansion area, the heavy marine influence, fog is still proposed expansion region. The soils do further demonstrate the common at elevations between 1,000 expansion petition speculates that the similarities between the proposed and 1,200 feet. original Sta. Rita Hills eastern boundary expansion area and the Sta. Rita Hills The proposed expansion area has was drawn where the valley of the Santa AVA. elevations similar to those of the larger Ynez River narrows significantly Native Vegetation Santa Ynez Valley AVA. However, because it was presumed at the time of because of its smaller size, the proposed T.D. ATF–454 describes the hillsides the original petition that the narrowing expansion area lacks the diversity of of the Sta. Rita Hills AVA as ‘‘oak- of the valley restricted the flow of cool topography found within the larger studded.’’ Oak trees are also present air from moving farther east. However, AVA. The gently rolling hills of the within the proposed expansion area. the expansion petition states that the proposed expansion area are more narrowing of the valley instead acts as Although T.D. ATF–454 mentions that similar to the Sta. Rita Hills AVA. Like a funnel and intensifies the movement the hills of the Sta. Rita Hills AVA are the larger Santa Ynez Valley AVA, the of cool air inland. Additionally, the covered with oaks, the expansion proposed expansion area is also warmer small wind gap east of the Santa Rita petition further explains that with than regions closer to the coast. valley provides an additional channel regard to the oaks in the established However, the proposed expansion area for cool air reach the proposed AVA, the majority of them are live oaks. is cooler and receives more marine expansion area. By contrast, the petition continues, influence and fog than the Ballard valley oaks become more numerous in Soils Canyon and Happy Canyon of Santa the warmer regions east of U.S. Highway Barbara AVAs farther to the east within T.D. ATF–454 states that the most 101, and live oaks are virtually absent, the Santa Ynez Valley AVA, making the common soil types within the Sta. Rita for example, within the Happy Canyon climate of the proposed expansion area Hills AVA are ‘‘loams, sandy loams, silt of Santa Barbara AVA, approximately 8 similar to that of the Sta. Rita Hills loams, and clay loams’’ which contain miles east of Buellton. The petitioner AVA. ‘‘large percentages of dune sand, marine states that, consistent with the deposits, recent alluvium, river wash, established AVA, live oaks, but not Central Coast AVA and terrace deposits * * *.’’ T.D. ATF– valley oaks, are present within the 454 contrasts these soils types with proposed expansion area, providing The large, 1 million-acre Central Coast those of the region farther to the east, further evidence that growing AVA was established by T.D. ATF–216, which contain ‘‘a higher percentage of conditions are similar within the published in the Federal Register on gravelly and clay loams.’’ proposed expansion area and the October 24, 1985 (50 FR 43128). The According to the expansion petition, existing Sta. Rita Hills AVA. Central Coast AVA encompasses all or ‘‘[w]ithin the Sta. Rita Hills AVA, no portions of the California counties of one soil type is dominant and a wide Comparison of the Proposed Sta. Rita Santa Barbara, San Luis Obispo, variety of soils exist * * *.’’ However, Hills AVA Expansion Area to the Monterey, San Benito, Santa Cruz, Santa the soils of the proposed expansion area Existing Santa Ynez Valley and Central Clara, San Mateo, Contra Costa, and San are ‘‘not inconsistent with’’ the soils of Coast AVAs Francisco, and it contains 28 established the Sta. Rita Hills AVA. An analysis of Santa Ynez Valley AVA AVAs. T.D. ATF–216 describes the soils from the Pence Ranch Vineyard Central Coast AVA as extending from conducted by Terra Spase, a leading The Santa Ynez Valley AVA was Santa Barbara in the south to the San viticulture analysis company, showed established by T.D. ATF–132, published Francisco Bay area in the north, and east that the surface soils were primarily of in the Federal Register on April 15, from the Pacific coast line to the loam and clay, with pockets of silty clay 1983 (48 FR 16252). The Santa Ynez California Coastal Ranges. The only loam and loam. Subsurface soils range Valley AVA encompasses the Sta. Rita distinguishing feature of the California from clay to sandy clay loam. Hills AVA, as well as the Ballard Coast AVA addressed in T.D. ATF–216 A map included with the petition and Canyon AVA and the Happy Canyon of is that the included counties experience based on a National Resource Santa Barbara AVA. marine climate influence due to their Conservation Service soil survey also According to T.D. ATF–132, the Santa proximity to the Pacific Ocean. shows that the soils within the proposed Ynez Valley AVA is the valley that expansion area are consistent with those contains the Santa Ynez River and is Both the proposed expansion area and of the Sta. Rita Hills AVA. The map bound by the Purisima Hills and San the Sta. Rita Hills AVA have marine- shows that the most prevalent soils Rafael Mountains to the north, Lake influenced climates, with cooler within the proposed expansion area are Cachuma and the Los Padres National temperatures and more fog than regions of the Tierra, Linne, and Chamise series, Forest to the east, the Santa Ynez farther inland. However, neither the which are also prevalent in the region Mountains to the south, and the Santa proposed expansion area nor the Sta. of the Sta. Rita Hills AVA adjacent to Rita Hills to the west. Vineyards are Rita Hills AVA is as cool and wet as the the proposed expansion area. Other soil planted on elevations ranging from 200 regions within the Central Coast AVA series found in both the proposed feet along the Santa Ynez River to 1,500 that are closer to the coastline. expansion area and the Sta. Rita Hills feet in the foothills of the San Rafael TTB Determination AVA include Corralitos, Arnold Sand, Mountains. The Santa Ynez Valley AVA and Mocho series. The map further has less marine influence from the TTB concludes that the petition to indicates that the most prevalent soil Pacific Ocean than the more coastal expand the boundaries of the series (Tierra, Linne and Chamise series) regions to the west because the hills to established Sta. Rita Hills AVA merits in the proposed expansion area are not the west of the region prevent much of consideration and public comment, as as prevalent farther to the east, near the marine influence from reaching invited in this notice of proposed Buellton. deep into the valley, resulting in a less rulemaking.

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Boundary Description the proposed expansion area and the Submitting Comments See the narrative boundary Sta. Rita Hills AVA within the existing You may submit comments on this description of the petitioned-for Santa Ynez Valley and Central Coast notice of proposed rulemaking by using expansion area in the proposed AVAs, TTB is interested in comments one of the three methods listed below. regulatory text published at the end of on whether the evidence submitted in Comments sent by other methods, this proposed rule. the petition regarding the distinguishing including email or FAX, will not be features of the proposed expansion area Maps considered by TTB. sufficiently differentiates it from the • Federal e-Rulemaking Portal: You The petitioner provided the required existing Santa Ynez Valley and Central may send comments via the online maps, and they are listed below in the Coast AVAs. comment form posted with this notice proposed regulatory text. Please note: (1) All commenters should within Docket No. TTB–2014–0007 on Impact on Current Wine Labels read carefully the ‘‘General Rules for ‘‘Regulations.gov,’’ the Federal e- Commenting’’ and ‘‘Addresses for Submitting rulemaking portal, at http:// Part 4 of the TTB regulations prohibits Comments’’ sections below. TTB will accept www.regulations.gov. A direct link to any label reference on a wine that only those comments sent by one of three that docket is available under Notice approved methods noted below. Comments indicates or implies an origin other than No. 145 on the TTB Web site at the wine’s true place of origin. For a sent by email, FAX, or any other unapproved method will not be considered by TTB. http://www.ttb.gov/wine/wine- wine to be labeled with a viticultural rulemaking.shtml. Supplemental files area name or with a brand name that (2) If you submitted correspondence to TTB regarding this matter prior to the may be attached to comments submitted includes an AVA name, at least 85 publication of this document and you wish via Regulations.gov. percent of the wine must be derived your correspondence to be considered by • Please note: You will know that from grapes grown within the area TTB as a comment, please resubmit your your comment has been successfully represented by that name, and the wine original or revised correspondence by one of submitted if you receive a tracking must meet the other conditions listed in the three approved methods noted below. number from the Regulations.gov 27 CFR 4.25(e)(3). If the wine is not system (for example ‘‘1jy–89zb–i7k5’’). General Rules for Commenting eligible for labeling with an AVA name Your comment will not immediately and that name appears in the brand • appear on Regulations.gov for public name, then the label is not in Please submit your comment to TTB on or before the comment period viewing since TTB first evaluates all compliance and the bottler must change comments before posting them the brand name and obtain approval of closing date of October 6, 2014. Comments sent by U.S. mail must be publically to the Regulations.gov Web a new label. Similarly, if the AVA name site. For complete instructions on how appears in another reference on the postmarked on or before the comment period closing date. to use Regulations.gov, visit the site and label in a misleading manner, the bottler click on the ‘‘Help’’ tab. • Please provide specific information must remove or revise the misleading • U.S. Mail: You may send comments in support of your comments. Mere reference and obtain approval of a new via postal mail to the Director, statements of opposition to or support label. Different rules apply if a wine has Regulations and Rulings Division, for this proposal are not helpful to TTB a brand name containing an AVA name Alcohol and Tobacco Tax and Trade in evaluating the merits of the or other viticulturally significant term Bureau, 1310 G Street NW., Box 12, expansion petition and its evidence. that was used as a brand name on a Washington, DC 20005. label approved before July 7, 1986. See • Your comment must reference • Hand Delivery/Courier: You may 27 CFR 4.39(i)(2) for details. Notice No. 145 and include your name hand-carry your comments or have them The approval of the proposed and mailing address. TTB does not hand-carried to the Alcohol and expansion of the Sta. Rita Hills AVA accept anonymous comments. Tobacco Tax and Trade Bureau, 1310 G would not affect any other existing • Street NW., Suite 200–E, Washington, viticultural area, and would not affect Your comment must be in English, DC 20005. any bottlers currently and properly be legible, and be written in language You may also write to the using ‘‘Sta. Rita Hills,’’ ‘‘Santa Ynez acceptable for public disclosure. Please Administrator before the comment Valley,’’ or ‘‘Central Coast’’ as an note that, as explained below, all closing date to ask for a public hearing. appellation of origin or in a brand name. comments sent to TTB are part of the The Administrator reserves the right to The expansion of the Sta. Rita Hills public record and will be made determine whether to hold a public AVA merely would allow vintners to available for public viewing. hearing. use ‘‘Sta. Rita Hills’’ as an appellation • TTB does not acknowledge receipt of origin for wines made with grapes of comments, and TTB considers all Confidentiality grown within the proposed expansion comments as originals. All submitted comments and area if the wines otherwise meet the • In your comment, please clearly attachments are part of the public record eligibility requirements for the use of state if you are commenting for yourself and subject to disclosure. Do not the appellation. or on behalf of an association, business, enclose any material in your comments Public Participation or other entity. If you are commenting that you consider to be confidential or on behalf of an entity, your comment inappropriate for public disclosure. Comments Invited must include the entity’s name as well TTB invites comments from interested as your name and position title. If you Public Disclosure members of the public on whether it comment via Regulations.gov, please TTB will post, and you may view, should expand the Sta. Rita Hills AVA also enter the entity’s name in the copies of this notice, the proposed Sta. as proposed. TTB is specifically ‘‘Organization’’ blank of the online Rita Hills expansion petition, its interested in receiving comments on the comment form. If you comment via addendums and exhibits, the original similarity of the proposed expansion postal mail or hand delivery/courier, Sta. Rita Hills petition and its exhibits, area to the established Sta. Rita Hills please submit your entity’s comment on and any public comments received AVA. In addition, given the location of letterhead. about this proposal on the Federal e-

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rulemaking portal, Regulations.gov List of Subjects in 27 CFR Part 9 drive trail, San Carlos de Jonata Land (http://www.regulations.gov), within Wine. Grant, T. 7 N, R. 32 W. Docket No. TTB–2014–0007. A direct (7) Proceed northwest in a straight link to that docket is available on the Proposed Regulatory Amendment line approximately 1.3 miles to an TTB Web site at http://www.ttb.gov/ For the reasons discussed in the unnamed hilltop, elevation 1443 feet. _ wine/wine rulemaking.shtml under preamble, TTB proposes to amend title Section 20, T. 7 N, R. 32 W. Notice No. 145. You may also reach the 27, chapter I, part 9, Code of Federal * * * * * relevant docket through the Regulations, as follows: Signed: July 31, 2014. Regulations.gov search page at http:// John J. Manfreda, www.regulations.gov. For information PART 9—AMERICAN VITICULTURAL on how to use Regulations.gov, click on AREAS Administrator. the site’s ‘‘Help’’ tab. [FR Doc. 2014–18705 Filed 8–6–14; 8:45 am] All posted comments will display the ■ 1. The authority citation for part 9 BILLING CODE 4810–31–P commenter’s name, organization (if continues to read as follows: any), city, and State, and, in the case of Authority: 27 U.S.C. 205. mailed comments, all address ENVIRONMENTAL PROTECTION information, including email addresses. Subpart C—Approved American AGENCY TTB may omit voluminous attachments Viticultural Areas or material that the Bureau considers 40 CFR Part 52 ■ unsuitable for posting. 2. Section 9.162 is amended by adding paragraph (b)(6), revising paragraphs [EPA–R03–OAR–2014–0499; FRL–9914–55– You may also view copies of this Region–3] notice of proposed rulemaking, all (c)(3)–(6), redesignating paragraphs related petitions, maps and other (c)(7)–(19) as paragraphs (c)(8)–(20), and Approval and Promulgation of Air supporting materials, and any adding a new paragraph (c)(7) to read as Quality Implementation Plans; Virginia; comments that TTB receives about this follows: Revisions to the Definition of Volatile proposal by appointment at the TTB § 9.162 Sta. Rita Hills. Organic Compounds Information Resource Center, 1310 G * * * * * AGENCY: Street NW., Washington, DC 20005. You Environmental Protection (b) * * * may also obtain copies at 20 cents per Agency (EPA). (6) ‘‘Zaca Creek, Calif.,’’ edition of 8.5- x 11-inch page. Please note that ACTION: Proposed rule. 1959. TTB is unable to provide copies of (c) * * * SUMMARY: The Environmental Protection USGS maps or similarly sized (3) Proceed west-northwest in a Agency (EPA) proposes to approve the documents that may have been straight line 0.5 mile to the intersection State Implementation Plan (SIP) submitted as part of either the original of Santa Rosa Road and an unnamed, revisions submitted by the Sta. Rita Hills petition or the petition to unimproved road that runs just north of Commonwealth of Virginia for the expand the Sta. Rita Hills AVA. Contact a marked gaging station. purpose of revising the definition of TTB’s information specialist at the (4) Proceed west along the unnamed, volatile organic compounds. In the Final above address or by telephone at 202– unimproved road approximately 0.4 Rules section of this Federal Register, 453–2270 to schedule an appointment mile to a ‘‘T’’ intersection with an EPA is approving the Commonwealth’s or to request copies of comments or unnamed, unimproved road and the SIP submittals as a direct final rule other materials. 320-foot elevation contour, Santa Rosa without prior proposal because the Regulatory Flexibility Act Land Grant, T. 6 N, R. 32 W. Agency views this as a noncontroversial TTB certifies that this proposed (5) Proceed northwest along the 320- submittal and anticipates no adverse regulation, if adopted, would not have foot elevation contour, crossing onto the comments. A detailed rationale for the a significant economic impact on a Santa Rosa Hills, Calif., Quadrangle approval is set forth in the direct final substantial number of small entities. U.S.G.S. map, then continue northwest, rule. If no adverse comments are The proposed regulation imposes no north, and northeast along the received in response to this action, no new reporting, recordkeeping, or other meandering 320-foot elevation contour further activity is contemplated. If EPA administrative requirement. Any benefit for approximately 1.2 miles, crossing receives adverse comments, the direct derived from the use of a viticultural onto the Solvang, Calif., Quadrangle final rule will be withdrawn and all area name would be the result of a U.S.G.S. map, and continue east then public comments received will be proprietor’s efforts and consumer north along the 320-foot elevation addressed in a subsequent final rule acceptance of wines from that area. contour approximately 0.5 miles, based on this proposed rule. EPA will Therefore, no regulatory flexibility crossing onto the Zaca Creek, Calif., not institute a second comment period. analysis is required. Quadrangle U.S.G.S. map, to the Any parties interested in commenting intersection of the 320-foot elevation on this action should do so at this time. Executive Order 12866 contour with an unnamed, unimproved DATES: Comments must be received in It has been determined that this north-south road that follows the length writing by September 8, 2014. proposed rule is not a significant of the Can˜ ada de los Palos Blancos, San ADDRESSES: Submit your comments, regulatory action as defined by Carlos de Jonata Land Grant, T. 6 N, R. identified by Docket ID Number EPA– Executive Order 12866 of September 30, 32 W. R03–OAR–2014–0499 by one of the 1993. Therefore, no regulatory (6) Proceed north-northwest along the following methods: assessment is required. unnamed, unimproved road 1.2 miles, A. www.regulations.gov. Follow the crossing onto the Los Alamos, Calif., on-line instructions for submitting Drafting Information Quadrangle U.S.G.S. map, and continue comments. Karen A. Thornton of the Regulations along the road 1.3 miles to the marked B. Email: [email protected]. and Rulings Division drafted this notice 635-foot elevation point at the C. Mail: EPA–R03–OAR–2014–XXXX, of proposed rulemaking. intersection of the road and a 4-wheel Cristina Fernandez, Associate Director,

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