Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Proposed Rules 9827 

16. Amend § 416.1002 by adding a 

definition of ‘‘Compassionate 

allowance’’ in alphabetical order to read 

as follows: 

§ 416.1002 Definitions. 

* * * * * 

Compassionate allowance means a 

determination or decision we make 

under a process that identifies for 

expedited handling claims that involve 

impairments that invariably qualify 

under the Listing of Impairments in 

appendix 1 to subpart P of part 404 of 

this chapter based on minimal, but 

sufficient, objective medical evidence. 

* * * * * 

17. Amend § 416.1015 by revising 

paragraph (c) introductory text, 

removing the word ‘‘or’’ at the end of 

paragraph (c)(2), redesignating 

paragraph (c)(3) as paragraph (c)(4), and 

adding a new paragraph (c)(3) to read as 

follows: 

§ 416.1015 Making disability 

determinations. 

* * * * * 

(c) Disability determinations will be 

made by: 

* * * * * 

(3) A State agency disability examiner 

alone if you are not a child (a person 

who has not attained age 18), and the 

claim is adjudicated under the quick 

disability determination process (see 

§ 416.1019) or as a compassionate 

allowance (see § 416.1002), and the 

initial or reconsidered determination is 

fully favorable to you. This paragraph 

will no longer be effective on [INSERT 

DATE THREE YEARS AFTER 

EFFECTIVE DATE OF FINAL RULES] 

unless we terminate it earlier or extend 

it beyond that date by notice of a final 

rule in the Federal Register; or 

* * * * * 

18. Amend § 416.1019 by revising 

paragraphs (b) introductory text, (b)(1), 

(b)(2), and (c) to read as follows: 

§ 416.1019 Quick disability determination 

process. 

* * * * * 

(b) If we refer a claim to the State 

agency for a quick disability 

determination, a designated quick 

disability determination examiner must 

do all of the following: 

(1) Subject to the provisions in 

paragraph (c) of this section, make the 

disability determination after consulting 

with a State agency medical or 

psychological consultant if the State 

agency disability examiner determines 

consultation is appropriate or if 

consultation is required under 

§ 416.926(c). The State agency may 

certify the disability determination 

forms to us without the signature of the 

medical or psychological consultant. 

(2) Make the quick disability 

determination based only on the 

medical and nonmedical evidence in 

the file. 

* * * * * 

(c) If the quick disability 

determination examiner cannot make a 

determination that is fully favorable to 

the individual, or if there is an 

unresolved disagreement between the 

disability examiner and the medical or 

psychological consultant (except when a 

disability examiner makes the 

determination alone under 

§ 416.1015(c)(3)), the State agency will 

adjudicate the claim using the regularly 

applicable procedures in this subpart. 

[FR Doc. 2010–4283 Filed 3–3–10; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2010–0001; Notice No. 

103] 

RIN 1513–AB31 

Proposed Expansion of the Santa 

Maria Valley Viticultural Area (2008R– 

287P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau proposes to expand 

the Santa Maria Valley viticultural area 

in Santa Barbara and San Luis Obispo 

Counties, California, by 18,790 acres. 

We designate viticultural areas to allow 

vintners to better describe the origin of 

their wines and to allow consumers to 

better identify wines they may 

purchase. We invite comments on this 

proposed change to our regulations. 

DATES: We must receive your comments 

on or before May 3, 2010. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this notice as 

posted within Docket No. TTB–2010– 

0001 at ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal); 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street, NW., Suite 

200–E, Washington, DC 20005. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

selected supporting materials, and any 

comments we receive about this 

proposal at http://www.regulations.gov 

within Docket No. TTB–2010–0001. A 

direct link to this docket is posted on 

the TTB Web site at http://www.ttb.gov/ 

wine/wine_rulemaking.shtml under 

Notice No. 103. You also may view 

copies of this notice, all related 

petitions, maps or other supporting 

materials, and any comments we receive 

about this proposal by appointment at 

the TTB Information Resource Center, 

1310 G Street, NW., Washington, DC 

20220. Please call 202–453–2270 to 

make an appointment. 

FOR FURTHER INFORMATION CONTACT: N.A. 

Sutton, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 925 Lakeville St., No. 

158, Petaluma, CA 94952; telephone 

415–271–1254. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

requires that these regulations, among 

other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the regulations 

promulgated under the FAA Act. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

of the regulations. These designations 


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allow vintners and consumers to 

attribute a given quality, reputation, or 

other characteristic of a wine made from 

grapes grown in an area to its 

geographic origin. The establishment of 

viticultural areas allows vintners to 

describe more accurately the origin of 

their wines to consumers and helps 

consumers to identify wines they may 

purchase. Establishment of a viticultural 

area is neither an approval nor an 

endorsement by TTB of the wine 

produced in that area. 

Requirements 

Section 4.25(e)(2) of the TTB 

regulations outlines the procedure for 

proposing an American viticultural area 

and provides that any interested party 

may petition TTB to establish a grapegrowing region as a viticultural area. 

Petitioners may use the same procedure 

to request changes involving existing 

viticultural areas. Section 9.3(b) of the 

TTB regulations requires the petition to 

include— 

• Evidence that the proposed 

viticultural area is locally and/or 

nationally known by the name specified 

in the petition; 

• Historical or current evidence that 

supports setting the boundary of the 

proposed viticultural area as the 

petition specifies; 

• Evidence relating to the 

geographical features, such as climate, 

soils, elevation, and physical features, 

that distinguish the proposed 

viticultural area from surrounding areas; 

• A description of the specific 

boundary of the proposed viticultural 

area, based on features found on United 

States Geological Survey (USGS) maps; 

and 

• A copy of the appropriate USGS 

map(s) with the proposed viticultural 

area’s boundary prominently marked. 

Santa Maria Valley Expansion Petition 

Background 

On August 5, 1981, the Bureau of 

Alcohol, Tobacco, and Firearms (ATF), 

our predecessor agency, published T.D. 

ATF–89 in the Federal Register (46 FR 

39811), establishing the Santa Maria 

Valley viticultural area (27 CFR 9.28). 

TTB notes that the Santa Maria Valley 

viticultural area lies entirely within the 

Central Coast viticultural area (27 CFR 

9.75) and covers 97,483 acres in 

southern San Luis Obispo County and 

northern Santa Barbara County, 

California. In the Geographical Evidence 

section, T.D. ATF–89 stated that 

prevailing ocean winds blow west to 

east, into and through the Santa Maria 

Valley. The winds create a climate 

where air temperatures are 

comparatively cooler in summer and 

winter, but warmer in fall, than the 

surrounding areas. 

In March 2006, Sara Schorske of 

Compliance Service of America, Inc., on 

behalf of a group of local winery and 

vineyard owners, submitted a petition 

proposing an expansion of the southern 

and western boundaries of the current 

Santa Maria Valley viticultural area. The 

petition presented evidence and 

documentation in recognition of the 

geographical name of the proposed 

southern expansion area and in support 

of the similarities of its climate, soils, 

terrain, and watershed with those of the 

current viticultural area. The petition 

also documented significant commercial 

viticulture to the south of the current 

southern boundary line. However, TTB 

returned the March 2006 petition to 

expand the Santa Maria Valley 

viticultural area with a letter 

recommending that the petitioner delete 

the western expansion portion, about 

which sufficient justification was not 

presented. 

Ms. Schorske then submitted the 

current petition, under consideration in 

this notice, which requests only a 

southern expansion (consisting of 

18,700 acres) of the existing Santa Maria 

Valley viticultural area. The proposed 

expansion area lies in northern Santa 

Barbara County, according to the written 

boundary description and 

accompanying USGS maps, and also is 

within the Central Coast viticultural 

area. The proposed expansion area 

includes 9 vineyards, 255 acres of 

commercial viticulture, and 60 to 200 

acres under viticultural development, 

according to the petition. 

Name Evidence 

The current petition explains that the 

original petition supporting the 

establishment of the Santa Maria Valley 

viticultural area in 1981 documented 

the ‘‘Santa Maria Valley’’ name for the 

geographical area. Hence, T.D. ATF–89, 

in establishing the Santa Maria Valley 

viticultural area, determined that the 

most appropriate name for the 

geographical area was Santa Maria 

Valley. 

The current petition states that the 

proposed southern expansion of the 

Santa Maria Valley viticultural area 

generally follows the watershed 

boundary line between the Santa Maria 

Valley to the north and the Los Alamos 

Valley to the south. The current petition 

relies on the Santa Maria River 

watershed for name recognition of the 

expansion area. 

Boundary Evidence 

The current southern boundary line of 

the Santa Maria Valley viticultural area 

follows Foxen Canyon Road and Clark 

Avenue, at Sisquoc, 4.2 miles inside the 

southern perimeter of the Santa Maria 

River watershed, according to the 

current written boundary description 

and the accompanying USGS maps. On 

the south side of the Santa Maria Valley 

watershed, the creeks drain northward 

to lower elevations, through the valley, 

into the Santa Maria River, as shown on 

the USGS Foxen Canyon, Sisquoc, and 

Orcutt maps. Computer-generated 

watershed maps show that the proposed 

expansion of the southern boundary line 

conforms to the Santa Maria River 

watershed, according to the petition. 

The boundary line of the proposed 

southern expansion of the Santa Maria 

Valley viticultural area, going 

clockwise, starts at the southeast corner 

of the current viticultural area boundary 

and travels generally in a straight line 

west-northwest over the Solomon Hills 

to its intersection with U.S. Route 101, 

according to the written boundary 

description and accompanying USGS 

maps. Following U.S. 101, the proposed 

boundary line continues north to Clark 

Avenue in Orcutt, rejoining the current 

boundary line of the Santa Maria Valley 

viticultural area. 

Distinguishing Features 

Santa Maria Valley Viticultural Area as 

Established by T.D. ATF–89 

TTB notes that in establishing the 

Santa Maria Valley viticultural area, 

T.D. ATF–89 cited terrain, soils, and 

climate as distinguishing features. 

Terrain: According to T.D. ATF–89, 

the boundary line of the Santa Maria 

Valley viticultural area surrounds the 

Santa Maria Valley floor, adjacent 

canyons, and sloping terraces. 

Elevations vary from a low of 200 feet 

at the Santa Maria River to a high of 

3,200 feet at Tepusquet Peak. As shown 

on the USGS Foxen Canyon map, a 

westward projection of the San Rafael 

Mountains, peaking at 1,801 feet in 

elevation, extends approximately 4 

miles into the southeast portion of the 

current Santa Maria Valley viticultural 

area. According to the USGS maps, the 

current southern boundary line varies 

from 600 to 1,000 feet in elevation. 

Vineyards within the original 

viticultural area were planted between 

elevations of 300 feet on the valley floor 

and 800 feet on the slopes of the rolling 

hillsides. 

Soils and Climate: According to T.D. 

ATF–89, the soils of the Santa Maria 

Valley viticultural area are well drained, 

fertile, and range in texture from sandy 


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loam to clay loam. Of climatic 

importance to the viticultural area, as 

compared to the surrounding regions, 

are the prevailing, cooling, marineinfluenced ocean winds. 

Current Petition To Expand the Santa 

Maria Valley Viticultural Area 

Terrain: The petition states that the 

geography of the proposed southern 

expansion of the Santa Maria Valley 

viticultural area is similar to that inside 

the current southern boundary line. The 

valley lies generally along an eastsoutheast axis, and is approximately 16 

miles long within the existing 

viticultural area and the proposed 

expansion area, as shown on ‘‘Locations 

of Weather Stations and Selected 

Vineyards and Wineries’’ (map, 

undated), which the petitioner created 

and submitted with the petition. In the 

southern expansion area, gently rolling 

hills give way to a more rugged terrain 

of canyons and steep slopes, as shown 

on the USGS Foxen Canyon and Sisquoc 

maps. Elevations in the southern 

expansion area vary between 

approximately 440 feet near Sisquoc to 

1,360 feet at the southeast corner of the 

current Santa Maria Valley viticultural 

area, and are comparable to those in 

areas on or surrounding the Santa Maria 

Valley floor. 

The petition includes a table, shown 

below, with the elevations of 

commercial vineyards in the southern 

portion of the current Santa Maria 

Valley viticultural area and in the 

proposed southern expansion area. 

Elevations of vineyards within the 

southern portion of the current Santa 

Maria Valley viticultural area range 

from 600 to 950 feet; similarly, those of 

vineyards in the proposed southern 

expansion area range from 600 to 930 

feet. 

Vineyard Location 

Approximate 

elevation in 

feet 

Rancho Ontiveros ...................................... Within the AVA .............................................................................................................. 650 

Solomon Hills ............................................. Within the AVA .............................................................................................................. 700 

Good Child ................................................. Within the AVA .............................................................................................................. 750–800 

Riverbench ................................................. Within the AVA .............................................................................................................. 950 

Rancho Sisquoc ......................................... Within the AVA .............................................................................................................. 600–750 

Foxen ......................................................... Within the AVA .............................................................................................................. 720 

Addamo Estate .......................................... Within the proposed expansion .................................................................................... 760–840 

Solomon Hills ............................................. Within the proposed expansion .................................................................................... 640–840 

Casa Torres ............................................... Within the proposed expansion .................................................................................... 720–800 

Le Bon Climate .......................................... Within the proposed expansion .................................................................................... 600 

Lucas Lewellan .......................................... Within the proposed expansion .................................................................................... 700 

Foxen ......................................................... Within the proposed expansion .................................................................................... 800–900 

Rancho Real .............................................. Within the proposed expansion .................................................................................... 650–930 

Murphy ....................................................... Within the proposed expansion .................................................................................... 750–880 

Climate: The petition explains that 

the Santa Maria Valley has a ‘‘maritime 

fringe’’ climate (‘‘The Climate of 

Southern California,’’ by Harry P. Bailey, 

University of California Press, 1966). 

The maritime fringe climate derives 

from the Pacific Ocean, causing foggy 

and windy conditions in the Santa 

Maria Valley. In contrast, some other 

inland, high-elevation areas nearby have 

either less or no marine influence. 

The petition states that during the 

summer growing season, the marine air 

moves onshore, passing through lowelevation passes in the Coast Range, 

inland to the Santa Maria Valley. (T.D. 

ATF–89 describes the Santa Maria 

Valley as a ‘‘natural funnel-shaped’’ 

valley.) Temperatures remain consistent 

throughout the gentle west-to-east rise 

in elevations of the Santa Maria Valley. 

The petition states that the cooling wind 

and fog encounter little resistance in 

any direction until they meet the Sierra 

Madre Mountains on the north side of 

the valley and the Solomon Hills on the 

south side, where the valley terminates. 

The boundary of the proposed southern 

expansion extends to the Solomon Hills, 

where the petition asserts that the 

cooling wind and fog encounter 

resistance. 

The petition includes a map that 

shows the broad, westerly opening 

between these mountains and hills and 

how they would funnel the cooling 

wind and fog in an east-southeast 

direction, into the valley. T.D. ATF–89 

states that ‘‘* * * the prevailing winds 

from the ocean [cause] the valley to 

have a generally cooler summer, warmer 

fall, and cooler winter than surrounding 

areas.’’ 

The current petition provides data 

from two weather stations, one within 

the established Santa Maria Valley 

viticultural area and one within the 

proposed expansion area. Both stations 

are nestled along foothills, slightly 

above the valley floor. A graph in the 

petition presents heat accumulation 

data recorded in 2004 at the two 

stations. 

The graph shows that growing season 

totals for 2004 in the current viticultural 

area and in the proposed expansion area 

were both just less than 3,000 degree 

days. (As a measurement of heat 

accumulation during the growing 

season, 1 degree day accumulates for 

each degree Fahrenheit that a day’s 

mean temperature is above 50 degrees, 

the minimum temperature required for 

grapevine growth. See pages 61–64 of 

‘‘General Viticulture,’’ Albert J. Winkler, 

University of California Press, 1975.) 

Soils: According to the petition, the 

current Santa Maria Valley viticultural 

area consists of a wide variety of soils 

without a single dominant soil type. The 

petition provides a table listing the soil 

map units in the current Santa Maria 

Valley viticultural area and in the 

proposed expansion area. The table is 

divided into four general areas. Three 

areas are within the current Santa Maria 

Valley viticultural area: (1) Valley floor, 

(2) hills (the Solomon Hills), and (3) 

mountains (the foothills of the Sierra 

Madre Mountains, northeast of the 

Santa Maria River). The fourth is the 

proposed southern expansion area. 

As shown in the table, the soils are 

mainly sand, sandy loam, and loam on 

the valley floor, but are mixed sandy 

loam, clay loam, shaly loam, and silt 

loam on mountains. However, without 

exception, the soils that are in the 

proposed expansion area are also in the 

existing Santa Maria Valley viticultural 

area. In both the proposed expansion 

area and on hills in the current 

viticultural area, the soils are sand, 

sandy loam, clay loam, and shaly clay 

loam, but are mostly loam and shaly 

loam. 


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TTB Determination 

TTB concludes that the petition to 

expand the Santa Maria Valley 

American viticultural area merits 

consideration and public comment, as 

invited in this notice. 

Boundary Description 

See the narrative boundary 

description incorporating the 

petitioned-for viticultural area 

expansion in the proposed regulatory 

text amendments published at the end 

of this notice. 

Maps 

The petitioner provided the required 

maps, and we list them below in the 

proposed regulatory text amendment. 

Impact on Current Wine Labels 

The proposed expansion of the Santa 

Maria Valley viticultural area will not 

affect currently approved wine labels. 

The approval of this proposed 

expansion may allow additional 

vintners to use ‘‘Santa Maria Valley’’ as 

an appellation of origin on their wine 

labels. Part 4 of the TTB regulations 

prohibits any label reference on a wine 

that indicates or implies an origin other 

than the wine’s true place of origin. For 

a wine to be labeled with a viticultural 

area name or with a brand name that 

includes a viticultural area name or 

other term identified as viticulturally 

significant in part 9 of the TTB 

regulations, at least 85 percent of the 

wine must be derived from grapes 

grown within the area represented by 

that name or other term, and the wine 

must meet the other conditions listed in 

27 CFR 4.25(e)(3). Different rules apply 

if a wine has a brand name containing 

a viticultural area name or other 

viticulturally significant term that was 

used as a brand name on a label 

approved before July 7, 1986. See 27 

CFR 4.39(i)(2) for details. 

Public Participation 

Comments Invited 

We invite comments from interested 

members of the public on whether we 

should expand the Santa Maria Valley 

viticultural area as described above. We 

are especially interested in comments 

concerning the similarity of the 

proposed expansion area to the current 

Santa Maria Valley viticultural area, the 

geographical features that distinguish 

the viticultural features of the proposed 

expansion area from the area beyond it 

to the south, and the use of the Santa 

Maria River watershed to justify the 

proposed expansion of the southern 

boundary line. Please support your 

comments with specific information 

about the proposed expansion area’s 

name, proposed boundaries, or 

distinguishing features. 

Submitting Comments 

You may submit comments on this 

notice by using one of the following 

three methods: 

• Federal e-Rulemaking Portal: You 

may send comments via the online 

comment form posted with this notice 

in Docket No. TTB–2010–0001 on 

‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal, at http:// 

www.regulations.gov. A direct link to 

that docket is available under Notice 

No. 103 on the TTB Web site at 

http://www.ttb.gov/wine/ 

wine_rulemaking.shtml. Supplemental 

files may be attached to comments 

submitted via Regulations.gov. For 

complete instructions on how to use 

Regulations.gov, visit the site and click 

on ‘‘User Guide’’ under ‘‘How to Use this 

Site.’’ 

• U.S. Mail: You may send comments 

via postal mail to the Director, 

Regulations and Rulings Division, 

Alcohol and Tobacco Tax and Trade 

Bureau, P.O. Box 14412, Washington, 

DC 20044–4412. 

• Hand Delivery/Courier: You may 

hand-carry your comments or have them 

hand-carried to the Alcohol and 

Tobacco Tax and Trade Bureau, 1310 G 

Street, NW., Suite 200–E, Washington, 

DC 20005. 

Please submit your comments by the 

closing date shown above in this notice. 

Your comments must reference Notice 

No. 103 and include your name and 

mailing address. Your comments also 

must be made in English, be legible, and 

be written in language acceptable for 

public disclosure. We do not 

acknowledge receipt of comments, and 

we consider all comments as originals. 

If you are commenting on behalf of an 

association, business, or other entity, 

your comment must include the entity’s 

name as well as your name and position 

title. If you comment via http:// 

www.regulations.gov, please enter the 

entity’s name in the ‘‘Organization’’ 

blank of the comment form. If you 

comment via mail, please submit your 

entity’s comment on letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 

Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

Public Disclosure 

On the Federal e-rulemaking portal, 

Regulations.gov, we will post, and you 

may view, copies of this notice, selected 

supporting materials, and any electronic 

or mailed comments we receive about 

this proposal. A direct link to the 

Regulations.gov docket containing this 

notice and the posted comments 

received on it is available on the TTB 

Web site at http://www.ttb.gov/wine/ 

wine_rulemaking.shtml under Notice 

No. 103. You may also reach the docket 

containing this notice and the posted 

comments received on it through the 

Regulations.gov search page at http:// 

www.regulations.gov. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including e-mail addresses. 

We may omit voluminous attachments 

or material that we consider unsuitable 

for posting. 

You also may view copies of this 

notice, all related petitions, maps and 

other supporting materials, and any 

electronic or mailed comments we 

receive about this proposal by 

appointment at the TTB Information 

Resource Center, 1310 G Street, NW., 

Washington, DC 20220. You may also 

obtain copies at 20 cents per 8.5 x 11- 

inch page. Contact our information 

specialist at the above address or by 

telephone at 202–453–2270 to schedule 

an appointment or to request copies of 

comments or other materials. 

Regulatory Flexibility Act 

We certify that this proposed 

regulation, if adopted, would not have 

a significant economic impact on a 

substantial number of small entities. 

The proposed regulation imposes no 

new reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name would be the result of a 

proprietor’s efforts and consumer 

acceptance of wines from that area. 

Therefore, no regulatory flexibility 

analysis is required. 

Executive Order 12866 

This proposed rule is not a significant 

regulatory action as defined by 

Executive Order 12866. Therefore, it 

requires no regulatory assessment. 

Drafting Information 

N.A. Sutton of the Regulations and 

Rulings Division drafted this notice. 


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List of Subjects in 27 CFR Part 9 

Wine. 

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, we propose to amend 27 CFR, 

chapter I, part 9, as follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

2. Section 9.28 is revised to read as 

follows: 

§ 9.28 Santa Maria Valley. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Santa 

Maria Valley’’. For purposes of part 4 of 

this chapter, ‘‘Santa Maria Valley’’ is a 

term of viticultural significance. 

(b) Approved maps. The six United 

States Geological Survey maps used to 

determine the boundary of the Santa 

Maria Valley viticultural area are titled: 

(1) Orcutt Quadrangle, CaliforniaSanta Barbara Co., 7.5 minute series, 

1959, photorevised 1967 and 1974, 

photoinspected 1978; 

(2) Santa Maria Quadrangle, 

California, 7.5 minute series, 1959, 

photorevised 1982; 

(3) ‘‘San Luis Obispo’’, N.I. 10–3, 

series V 502, scale 1: 250,000; 

(4) ‘‘Santa Maria’’, N.I. 10–6, 9, series 

V 502, scale 1: 250,000; 

(5) Foxen Canyon Quadrangle, 

California-Santa Barbara Co., 7.5-minute 

series, 1995; and 

(6) Sisquoc Quadrangle, CaliforniaSanta Barbara Co., 7.5 minute series, 

1959, photoinspected 1974. 

(c) Boundary. The Santa Maria Valley 

viticultural area is located in Santa 

Barbara and San Luis Obispo Counties, 

California. The boundary is as follows: 

(1) The point of beginning is on the 

Orcutt quadrangle map at the 

intersection of U.S. Route 101 and Clark 

Avenue, section 18 north boundary line, 

T9N/R33W, then proceed generally 

north along U.S. Route 101 

approximately 10 miles onto the Santa 

Maria quadrangle map to its intersection 

with State Route 166 (east), T10N/ 

R34W; then 

(2) Proceed generally northeast along 

State Route 166 (east) onto the San Luis 

Obispo N.I. 10–3 map to its intersection 

with the section line southwest of 

Chimney Canyon, T11N/R32W; then 

(3) Proceed south in a straight line 

onto the Santa Maria N.I. 10–6 map to 

the 3,015-foot summit of Los Coches 

Mountain; then 

(4) Proceed southeast in a straight line 

onto the Foxen Canyon quadrangle map 

to the 2,822-foot summit of Bone 

Mountain, T9N/R32W; then 

(5) Proceed south-southwest in a 

straight line approximately 6 miles to 

the line’s intersection with secondary 

highways Foxen Canyon Road and 

Alisos Canyon Road, T8N/R32W; then 

(6) Proceed west-northwest in a 

straight line approximately 6 miles onto 

the Sisquoc quadrangle map to the Gato 

Ridge Oil Field and the section 4 

southeast corner, T8N/R32W; then 

(7) Proceed west-northwest in a 

straight line approximately 6.2 miles, 

crossing over the Solomon Hills, to its 

intersection with U.S. Route 101 and a 

private, unnamed light-duty road that 

meanders east into the Cat Canyon Oil 

Field, T9N/R33W; then 

(8) Proceed north 3.75 miles along 

U.S. Route 101 onto the Orcutt 

quadrangle map and return to the point 

of beginning. 

Signed: February 5, 2010. 

John J. Manfreda, 

Administrator. 

[FR Doc. 2010–4569 Filed 3–3–10; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2010–0002; Notice No. 

104] 

RIN 1513–AB65 

Proposed Renaming of the YamhillCarlton District Viticultural Area 

(2008R–305P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau proposes to rename 

the established Yamhill-Carlton District 

viticultural area located in Yamhill and 

Washington Counties, Oregon, as the 

‘‘Yamhill-Carlton’’ viticultural area. The 

size and boundary description of the 

renamed viticultural area would remain 

the same. We designate viticultural 

areas to allow vintners to better describe 

the origin of their wines and to allow 

consumers to better identify wines they 

may purchase. We invite comments on 

this proposed addition to our 

regulations. 

DATES: We must receive written 

comments on or before May 3, 2010. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this notice as 

posted within Docket No. TTB–2010– 

0002 at ‘‘Regulations.gov,’’ the Federal erulemaking portal); 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street, NW., Suite 

200–E, Washington, DC 20005. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

selected supporting materials, and any 

comments we receive about this 

proposal at http://www.regulations.gov 

within Docket No. TTB–2010–0002. A 

link to that docket is posted on the TTB 

Web site at http://www.ttb.gov/wine/ 

wine_rulemaking.shtml under Notice 

No. 104. You also may view copies of 

this notice, all related petitions, maps, 

or other supporting materials, and any 

comments we receive about this 

proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street, NW., Washington, DC 20220. 

Please call 202–453–2270 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: N.A. 

Sutton, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 925 Lakeville St., No. 

158, Petaluma, CA 94952; phone 415– 

271–1254. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

requires that these regulations, among 

other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the regulations 

promulgated under the FAA Act. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 


sroberts on DSKD5P82C1PROD with PROPOSALS