51772 Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 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, California, 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 Santa Ynez Valley 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 VerDate Nov<24>2008 16:37 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\08OCR1.SGM 08OCR1 srobinson on DSKHWCL6B1PROD with RULES Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51773 ‘‘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 Southern California, 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.