[Federal Register Volume 72, Number 15 (Wednesday, January 24, 2007)]
[Proposed Rules]
[Pages 3088-3092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-983]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 71]
RIN 1513-AB27


Proposed Establishment of the Paso Robles Westside Viticultural 
Area (2006R-087P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the 179,622-acre ``Paso Robles Westside'' viticultural area 
in San Luis Obispo County, California. The proposed viticultural area 
is totally within the existing Paso Robles and Central Coast 
viticultural areas. 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 March 26, 2007.

ADDRESSES: You may send comments to any of the following addresses:
    <bullet> Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 71, P.O. Box 14412, 
Washington, DC 20044-4412.
    <bullet> 202-927-8525 (facsimile).
    <bullet> <a href="/cdn-cgi/l/email-protection#462836342b0632322468212930"><span class="__cf_email__" data-cfemail="274957554a6753534509404851">[email protected]</span></a> (e-mail).
    <bullet> http://www.ttb.gov/wine/wine_rulemaking.shtml. An online 
comment form is posted with this notice on our Web site.
    <bullet> http://www.regulations.gov (Federal e-rulemaking portal; 
follow instructions for submitting comments).
    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive about this proposal by appointment at 
the TTB Information Resource Center, 1310 G Street, NW., Washington, DC 
20220. To make an appointment, call 202-927-2400. You may also access 
copies of the notice and comments online at http://www.ttb.gov/wine/wine_rulemaking.shtml.
    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.

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 (the FAA 
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels 
provide consumers with adequate information regarding product identity 
and prohibits the use of misleading information on those labels. The 
FAA Act also authorizes the Secretary of the Treasury to issue 
regulations to carry out its provisions. The Alcohol and Tobacco Tax 
and Trade Bureau (TTB) administers these regulations.
    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 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 grape-growing region 
as a viticultural area. Section 9.3(b) of the TTB regulations requires 
the petition to include--
    <bullet> Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
    <bullet> Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
    <bullet> Evidence relating to the geographic features, such as 
climate, soils, elevation, and physical features, that distinguish the 
proposed viticultural area from surrounding areas;
    <bullet> A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
    <bullet> A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Paso Robles Westside Petition

    TTB has received a petition from Holland & Knight LLP, San 
Francisco, California, proposing the establishment of the ``Paso Robles 
Westside'' American viticultural area in northern San Luis Obispo 
County, California. The petition was filed on behalf of 21 vintners and 
grape growers with interests in the proposed viticultural area, which 
is located approximately 20 miles east of the Pacific Ocean and 180 
miles south of San Francisco. There are, according to the petitioner, 
approximately 2,425 acres within the proposed viticultural area 
currently dedicated to commercial vineyards.

Relationship to Existing Viticultural Areas

    The proposed 179,622-acre Paso Robles Westside viticultural area is 
entirely within the existing 609,564-acre Paso Robles viticultural area 
(27 CFR 9.84), which in turn is entirely within the existing, multi-
county Central Coast viticultural area (27 CFR 9.75). The Bureau of 
Alcohol, Tobacco and Firearms (ATF), TTB's predecessor agency, 
established the Paso Robles viticultural area in 1983 (see T.D. ATF-
148, 48 FR 45239, October 4, 1983). In 1996, ATF expanded the Paso 
Robles viticultural area along its western boundary, increasing the 
viticultural area's size from approximately 557,000 acres to 609,564 
acres (see T.D. ATF-377, 61 FR 29952, June 13, 1996).

[[Page 3089]]

    As currently defined, the existing Paso Robles viticultural area 
lies in northern San Luis Obispo County, California, along the east and 
west sides of the Salinas River. The area forms a rough rectangle that 
runs from the Monterey County line in the north to just beyond the town 
of Santa Margarita in the south. The existing area generally extends 
from the Kern County line in the east to the inland side of the Santa 
Lucia Mountains in the west.
    The proposed Paso Robles Westside viticultural area consists of the 
portion of the existing Paso Robles viticultural area that is west of 
the Salinas River. Therefore, the existing Paso Robles viticultural 
area boundaries located west of the Salinas River are concurrent with 
the northern, western, and southern boundaries of the proposed Paso 
Robles Westside viticultural area. The Salinas River serves as the 
eastern boundary of the proposed Paso Robles Westside viticultural 
area. If TTB establishes the proposed Paso Robles Westside viticultural 
area, that action would not affect the existing Paso Robles 
viticultural area, which would continue as an American viticultural 
area in its own right within its current boundary.
    A portion of the western boundary of the existing Paso Robles 
viticultural area abuts the 6,350-acre York Mountain viticultural area 
(27 CFR 9.80), which is also located within the Central Coast 
viticultural area. If established, a portion of the western boundary of 
the Paso Robles Westside viticultural area would, therefore, also abut 
the York Mountain viticultural area. If TTB establishes the proposed 
Paso Robles Westside viticultural area, that action would not affect 
the York Mountain viticultural area; it would continue unchanged within 
its current boundary.
    We summarize below the supporting evidence presented with the 
petition.

Name Evidence

    The ``Paso Robles'' name evidence discussed in T.D. ATF-148 
justifies the use of ``Paso Robles'' as a geographic place name for the 
Paso Robles viticultural area. According to that evidence, the full 
Spanish name, ``El Paso de Robles,'' translates to ``the Pass of the 
Oaks.'' People traveling between the missions at San Miguel and San 
Luis Obispo originally named the region, T.D. ATF-148 explains.
    T.D. ATF-377, which expanded the western boundary of the original 
Paso Robles viticultural area, included evidence substantiating the use 
of the ``Paso Robles'' name for that expansion area. The current 
petition states that the proposed Paso Robles Westside viticultural 
area, which includes the 1996 expansion of the Paso Robles viticultural 
area, is locally and nationally known as the distinctive western 
portion of the Paso Robles viticultural area.
    The petitioner explains that the Salinas River divides the Paso 
Robles region into east and west sides. Local residents and the media 
refer to ``east'' or ``west'' when describing locations within the Paso 
Robles region, according to the petition. In 2002, the City of Paso 
Robles Web site explained that water and sewer billing cycles were 
based on a property's location east or west of the Salinas River.
    Real estate articles and advertisements, provided by the 
petitioner, identify some vacation rentals and residential property as 
being located in the Paso Robles west side region. Chanticleer Vineyard 
Bed and Breakfast in Paso Robles describes its location ``in Paso 
Robles Westside among vineyards * * *.'' Windward Vineyard and Tablas 
Creek Winery informational materials also note that their vineyards are 
within the Paso Robles west side area.
    The October 2005 Wine Enthusiast magazine published an article by 
Steve Heimoff entitled ``The West Side Story'' that describes the 
growth of viticulture on the west side of the Paso Robles viticultural 
area. The article includes a section, ``Nine Westerners to Watch,'' 
that names and describes some wine industry members whose operations 
are located in the western portion of the Paso Robles viticultural 
area.
    A March 21, 2001, article headlined ``Bothersome Bottleneck'' in 
the San Luis Obispo Tribune newspaper stated that expansion of the 
Niblock Bridge over the Salinas River, connecting the west and east 
sides of Paso Robles, was creating traffic delays and detours. An April 
11, 2001, Tribune article, ``Weather Worries Paso Growers'' described 
the weather-related damage from recent cold nights to vineyards on the 
west side of Paso Robles. The petition also included a May 25, 1994, 
San Francisco Chronicle food section article, ``From Plonk to Premium, 
Paso Robles Offers It All,'' by Gerald Asher, which discussed zinfandel 
grapes from Paso Robles west side growers.

Boundary Evidence

    The history of Paso Robles grape growing, as noted in T.D. ATF-148, 
started with the inception of the California mission system. Mission 
San Miguel, founded in 1797 and located north of the town of Paso 
Robles, produced wines from grapes harvested nearby. The Rotta Winery, 
located on the west side of Paso Robles and now known as Tablas Creek 
Winery, started producing wine about 1890, according to T.D. ATF-148. 
Also, according to T.D. ATF-148, San Luis Obispo County maintains 
historical records of grape plantings in the County as early as 1873.
    As noted above, the proposed Paso Robles Westside viticultural area 
encompasses that portion of the existing Paso Robles viticultural area 
west of the Salinas River. The petitioner notes that the proposed Paso 
Robles Westside viticultural area boundary coincides with changes in 
topography within the larger Paso Robles viticultural area. The portion 
of the Paso Robles viticultural area east of the Salinas River has 
flatter terrain and warmer temperatures, with the Cholame Hills 
creating a natural eastern boundary for the existing area. In contrast, 
the petitioner notes that the proposed Paso Robles Westside 
viticultural area is nestled in the hillier terrain located between the 
Salinas River and the Santa Lucia Range, which forms the existing and 
proposed areas' western boundaries.

Distinguishing Features

    The distinguishing features of the proposed Paso Robles Westside 
viticultural area, according to the petition, include its topography, 
climate, and soils. Using the Salinas River as the dividing line, the 
petition compares and contrasts the viticultural differences between 
the east and west sides of the existing Paso Robles viticultural area.
Topography
    According to the provided USGS maps, elevations within the proposed 
Paso Robles Westside viticultural area range from a low of 591 feet at 
its northeast corner along the Salinas River to a high of 2,300 feet on 
along its western boundary line, west-southwest of the city of Paso 
Robles. While similar elevations are found in the portion of the Paso 
Robles viticultural area east of the Salinas River, the petitioner 
contends that the proposed Paso Robles Westside viticultural area is 
more rugged than regions east of the river.
    A report included with the petition prepared by Dr. Thomas J. Rice, 
a certified soil scientist, supports the petitioner's position that the 
topography of the proposed Paso Robles Westside viticultural area is 
more rugged than the portion of the existing Paso Robles viticultural 
area east of the Salinas River. The report concludes that while the 
great majority of the terrain found in the proposed Paso Robles 
Westside viticultural area is made up of hills and mountains, the 
portion of the existing

[[Page 3090]]

Paso Robles viticultural area east of the Salinas River is less hilly, 
with nearly 30 percent of its land consisting of flatter terraces and 
plains. Even when compared to the existing Paso Robles viticultural 
area as a whole, the report notes that the proposed Paso Robles 
Westside area has more hills and mountains and fewer terraces and 
plains. The report summarized these topographical differences in the 
table shown below.

                                           Percentage of Terrain Types
----------------------------------------------------------------------------------------------------------------
                                                                                   Proposed Paso
                                                                    Paso Robles       Robles        Paso Robles
                          Terrain type                             viticultural      Westside      area east of
                                                                       area        viticultural    Salinas River
                                                                                       area
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Hills & Mountains...............................................            64.8            85.0            56.2
Terraces........................................................            16.3             9.6            19.2
Alluvial plains and fans, and flood plains......................             7.4             5.3             8.3
Unidentified....................................................            11.5             0.1            16.3
                                                                 -----------------------------------------------
    Totals......................................................           100.0           100.0           100.0
----------------------------------------------------------------------------------------------------------------

    In addition, the October 2005 Wine Enthusiast magazine article, 
``The West Side Story,'' depicts the geography of the Paso Robles 
viticultural area west of the Salinas River as a region of remote 
hills, valleys, and benchlands that contrasts with the ``flat as a 
billiard table'' terrain found east of the river. Neil Collins of 
Tablas Creek Winery also describes the western Paso Robles viticultural 
area as a region of rugged topography and meager soils that supports 
low vineyard yields, which contrasts with the higher-yield vineyards 
located on the flatter terrain of the Paso Robles viticultural area's 
eastern region.

Climate

    The petitioner states that the Salinas River marks a distinctive 
climatic dividing line within the established Paso Robles viticultural 
area, separating the area's west side from its east side. Primary 
influences on the weather in California, according to the petitioner, 
include the Pacific Ocean and the State's mountain ranges. The west 
side of the existing Paso Robles viticultural area, which is concurrent 
with the proposed Paso Robles Westside viticultural area, lies on the 
eastern side of the Santa Lucia Mountains, which slope downward to the 
Salinas River. The Pacific Ocean's marine influence permeates the Santa 
Lucia Mountains, bringing more moisture to the west side of the Paso 
Robles viticultural area, according to the petition. In contrast, the 
petition states, the region east of the Salinas River, with its 
generally lower elevation and flatter terrain, receives much less 
marine influence and is drier than the region west of the river.
    As evidence of this climatic difference, the petitioner provided 
comparative rainfall data from the Western Regional Climate Center 
(WRCC) for both the proposed Paso Robles Westside viticultural area and 
the east side of the Paso Robles viticultural area. The town of 
Templeton served as the Westside data collection point, while the Paso 
Robles Airport served as the east side data collection point. The table 
below summarizes the rainfall data.

------------------------------------------------------------------------
                                                          Total rainfall
                                                           inches  1970-
                                                               1997
------------------------------------------------------------------------
Proposed Paso Robles Westside viticultural area.........          746.67
East side of Paso Robles................................          406.78
Variance between Westside and east side.................          339.89
Percentage difference...................................           46
------------------------------------------------------------------------

    The petition also included a June 30, 1994, Chicago Tribune 
article, entitled ``California's Paso Robles Has the Climate and the 
Potential to Produce Fine Red Wines,'' which stated that the Paso 
Robles wine region west of the Salinas River enjoys a moderately warm 
growing zone with 25 to 35 inches of annual rainfall. The article also 
noted that the Paso Robles wine region east of the river is hotter and 
drier, with as little as 10 inches of rain a year, necessitating 
irrigation. Informational material from the Cinnabar Vineyards and 
Winery included with the petition takes note of the Templeton Gap, a 
pass in the Coast Range that draws the cooling Pacific marine layer 
inland, lowering afternoon temperatures in the western region of the 
Paso Robles area.
Soils
    In his report on the proposed Paso Robles Westside viticultural 
area, Dr. Rice describes and compares the soils within the existing 
Paso Robles viticultural area to the east and to the west of the 
Salinas River. Soils within the Paso Robles viticultural area vary 
regionally and within short distances, according to Dr. Rice. Soil 
differences reflect varying geology (parent material), macroclimatic 
conditions (slope aspect and elevation), landform position (slope 
steepness and shape), cropping history, and past natural vegetation.
    Vineyard soils within the proposed Paso Robles Westside 
viticultural area, according to Dr. Rice, developed primarily from 
sedimentary rock parent materials of the Miocene-age Monterey 
Formation, rich in carbonate and silica. The carbonate-rich rocks 
display high calcium levels, relatively low potassium and magnesium 
levels, and subsoil alkaline pH levels between 7.5 and 8.2. The silica-
rich rocks display medium calcium levels, relatively low potassium and 
magnesium levels, and subsoil acid to neutral pH levels between 6.0 and 
7.0. Most native soils, Dr. Rice continues, include low levels of 
nitrogen and phosphorus. Also, loam, clay loam, silty clay loam, and 
clay soil textures predominate with varying amounts of coarse rock 
fragments.
    Soils on the east side of the Paso Robles viticultural area vary in 
parent materials, according to Dr. Rice. Adjacent to the major creek 
and river systems, Dr. Rice continues, the soils are mainly derived 
from weathered alluvial sediments of the Pleistocene-age Paso Robles 
Formation, along with more recent alluvial deposits. Also, the soils 
include highly variable textures with depth, consisting of stratified 
layers of clay, gravel, and sand. Soils from the Paso Robles Formation, 
Dr. Rice explains, have medium to low levels of calcium, low potassium 
and magnesium levels, and acid to neutral pH levels of 6.0 to 7.0 in 
subsoils.
    Dr. Rice concludes that more than 75 percent of the acreage within 
the proposed Paso Robles Westside viticultural area has comparable soil 
physiology, while the land east of the Salinas River has more diverse 
soils

[[Page 3091]]

with no single dominant soil physiology.

Boundary Description

    See the narrative boundary description of the petitioned-for 
viticultural area in the proposed regulatory text published at the end 
of this notice.

Maps

    The petitioner provided the required maps, and we list them below 
in the proposed regulatory text.

Impact on Current 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. If we establish this proposed viticultural area, its 
name, ``Paso Robles Westside,'' will be recognized under 27 CFR 
4.39(i)(3) as a name of viticultural significance. The text of the 
proposed regulation would clarify this point. Consequently, wine 
bottlers using ``Paso Robles Westside'' in a brand name, including a 
trademark, or in another label reference as to the origin of the wine, 
must ensure that the product is eligible to use the viticultural area's 
name as an appellation of origin.
    The name ``Paso Robles'' standing alone will continue as a term of 
viticultural significance for the entire, existing Paso Robles 
viticultural area. If the proposed Paso Robles Westside viticultural 
area is established, that action will have no effect on approved ``Paso 
Robles'' wine labels. TTB also notes that since the proposed Paso 
Robles Westside viticultural area is entirely within the existing Paso 
Robles viticultural area, any wine eligible to use ``Paso Robles 
Westside'' as an appellation of origin is also eligible to use the 
``Paso Robles'' name standing alone.
    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). If the wine is not eligible for labeling with the 
viticultural area name or other viticulturally significant term and 
that name or other term appears in the brand name, then the label is 
not in compliance and the bottler must change the brand name and obtain 
approval of a new label. Similarly, if the viticultural area name or 
other viticulturally significant term appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label. Accordingly, if a new label or a previously 
approved label uses the name ``Paso Robles Westside'' for a wine that 
does not meet the 85 percent standard, the new label will not be 
approved, and the previously approved label will be subject to 
revocation, upon the effective date of the approval of the Paso Robles 
Westside viticultural area.
    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.

Conforming Amendment to 27 CFR 9.84, Paso Robles

    As a legal matter, TTB has recognized ``Paso Robles'' as a term of 
viticultural significance since the establishment of the Paso Robles 
viticultural area in 1983. However, the regulatory text in 27 CFR 9.84 
does not explicitly state that Paso Robles is a term of viticultural 
significance. Since we are proposing to identify ``Paso Robles 
Westside'' as a term of viticultural significance in paragraph (a) of 
the proposed regulatory text, we believe for purposes of clarity that 
it would be advisable to add a sentence to paragraph (a) of Sec.  9.84 
to state that ``Paso Robles'' is a term of viticultural significance in 
terms of that section. We also propose to include a cross reference to 
the viticultural significance of ``Paso Robles'' as set forth in Sec.  
9.84(a) in the ``Paso Robles Westside'' regulatory text.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed Paso Robles Westside viticultural 
area. We are also interested in receiving comments on the sufficiency 
and accuracy of the name, boundary, climatic, and other required 
information submitted in support of the petition. Please provide any 
available specific information in support of your comments. We are 
especially interested in comments about the establishment of one 
viticultural area totally within another viticultural area, when both 
have ``Paso Robles'' in the name.

Submitting Comments

    Please submit your comments by the closing date shown above in this 
notice. Your comments must include this notice number and your name and 
mailing address. Your comments must be legible and written in language 
acceptable for public disclosure. We do not acknowledge receipt of 
comments, and we consider all comments as originals. You may submit 
comments in one of five ways:
    <bullet> Mail: You may send written comments to TTB at the address 
listed in the ADDRESSES section.
    <bullet> Facsimile: You may submit comments by facsimile 
transmission to 202-927-8525. Faxed comments must--
    (1) Be on 8.5- by 11-inch paper;
    (2) Contain a legible, written signature; and
    (3) Be no more than five pages long. This limitation assures 
electronic access to our equipment. We will not accept faxed comments 
that exceed five pages.
    <bullet> E-mail: You may e-mail comments to <a href="/cdn-cgi/l/email-protection#6b051b19062b1f1f09450c041d"><span class="__cf_email__" data-cfemail="afc1dfddc2efdbdbcd81c8c0d9">[email protected]</span></a>. Comments 
transmitted by electronic mail must--
    (1) Contain your e-mail address;
    (2) Reference this notice number on the subject line; and
    (3) Be legible when printed on 8.5- by 11-inch paper.
    <bullet> Online form: We provide a comment form with the online 
copy of this notice on our Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml. Select the ``Send comments via e-mail'' link under 
this notice number.
    <bullet> Federal e-rulemaking portal: To submit comments to us via 
the Federal e-rulemaking portal, visit http://www.regulations.gov and 
follow the instructions for submitting comments.
    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 material is part of the public record and subject to 
disclosure. Do not enclose any material in your comments that you 
consider confidential or inappropriate for public disclosure.

Public Disclosure

    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive by appointment at the TTB Information 
Resource Center at 1310 G Street, NW., Washington, DC 20220. You may 
also obtain copies at 20 cents per 8.5- by 11-inch page. Contact our 
information specialist at the above address or by telephone at 202-927-
2400 to schedule an appointment or to request copies of comments.
    We will post this notice and any comments we receive on this 
proposal

[[Page 3092]]

on the TTB Web site. All name and address information submitted with 
comments will be posted, including e-mail addresses. We may omit 
voluminous attachments or material that we consider unsuitable for 
posting. In all cases, the full comment will be available in the TTB 
Information Resource Center. To access the online copy of this notice 
and the submitted comments, visit at http://www.ttb.gov/wine/wine_rulemaking.shtml. Select the ``View Comments'' link under this notice 
number to view the posted comments.

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, 58 FR 51735. Therefore, it requires 
no regulatory assessment.

Drafting Information

    N.A. Sutton of the Regulations and Rulings Division drafted this 
notice.

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 1, 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


Sec.  9.84  [Amended]

    2. Section 9.84 is amended by adding a sentence at the end of 
paragraph (a) to read as follows:
    (a) Name. * * * For purposes of part 4 of this chapter, ``Paso 
Robles'' is a term of viticultural significance.
* * * * *
    3. Subpart C is amended by adding a new Sec.  9.---- to read as 
follows:


Sec.  9.--  Paso Robles Westside.

    (a) Name. The name of the viticultural area described in this 
section is ``Paso Robles Westside''. For purposes of part 4 of this 
chapter, ``Paso Robles Westside'' is a term of viticultural 
significance. ``Paso Robles'' is also a term of viticultural 
significance under Sec.  9.84(a).
    (b) Approved maps. The 12 United Stages Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Paso Robles Westside viticultural area are titled:
    (1) San Miguel, Calif., 1948, photorevised 1979;
    (2) Paso Robles, Calif., 1948, photorevised 1979;
    (3) Templeton, Calif., 1948, photorevised 1979;
    (4) Atascadero, Calif., 1965;
    (5) Santa Margarita, Calif., 1965, revised 1993;
    (6) Lopez Mountain, Calif., 1965, revised 1995;
    (7) San Luis Obispo, Calif., 1965, photorevised 1979;
    (8) York Mountain, Calif., 1948, photorevised 1979;
    (9) Cypress Mountain, Calif., 1948, photorevised 1979;
    (10) Lime Mountain, Calif., 1948, photorevised 1979;
    (11) Tierra Redonda Mountain, Calif., 1948, photorevised 1979; and
    (12) Bradley, Calif., 1949, photorevised 1979.
    (c) Boundary. The Paso Robles Westside viticultural area is located 
in San Luis Obispo County, California. The boundary of the Paso Robles 
Westside viticultural area is as described below:
    (1) The beginning point is on the San Miguel map at the 
intersection of the Monterey-San Luis Obispo County line and the 
Salinas River, along the northern boundary of section 6, T25S/R12E;
    (2) From the beginning point, proceed southerly (upstream) along 
the western-most bank of the meandering Salinas River, crossing in 
succession onto the Paso Robles, Templeton, Atascadero, Santa 
Margarita, and the Lopez Mountain maps, to river's intersection with 
the R13E/R14E range line, along the eastern boundary of section 36, 
T29S/R13E; then
    (3) Proceed south 0.67 mile along the R13E/R14E range line to its 
intersection with the T29S/T30S township line at the southeast corner 
of section 36, T29S/R13E, on the Lopez Mountain map; then
    (4) Proceed west 6 miles along the T29S/T30S township line, 
crossing onto the San Luis Obispo map, to the line's intersection with 
the R12E/R13E range line at the southwest corner of section 31, T29S/
R13E; then
    (5) Proceed north-northwest in a straight line approximately 13 
miles, crossing onto the Atascadero and then the Templeton map, to the 
line's intersection with the southern-most corner of the (Rancho) Paso 
de Robles boundary line, located near the intersection of an unnamed 
intermittent stream and the 1,200-foot contour line, T27S/R11E, 
approximately 2.1 miles southwest of the intersection of Paso Robles 
Creek and U.S. 101; then
    (6) Proceed west-northwest for approximately 4.8 miles along the 
southwestern boundary line of the (Rancho) Paso de Robles, crossing 
onto the York Mountain map, to the boundary line's intersection with 
the southeast corner of section 32, T27S/R11E; then
    (7) Proceed northerly along the eastern boundary lines of sections 
32, 29, 20, and 18, T27S/R11E, to the northeast corner of section 18, 
T27S/R11E, York Mountain map; then
    (8) Proceed west along the northern boundary of section 18, T27S/
R11E, for approximately 0.8 mile to the boundary line's intersection 
with Dover Canyon Road, York Mountain map; then
    (9) Proceed westerly along Dover Canyon Road to its intersection 
with a jeep trail and an unnamed intermittent stream at the mouth of 
Dover Canyon, section 14, T27S/R10E, York Mountain map; then
    (10) Proceed west-northwest in a straight line for approximately 
5.5 miles, crossing onto the Cypress Mountain map, to the line's 
intersection with the junction of the T26/27S and R9E/R10E township and 
range lines (also the southwest corner of section 31, T26S/R10E); then
    (11) Proceed north for approximately 12 miles along the R9E/R10E 
line, crossing over Las Tablas Creek and the Nacimiento Reservoir on 
the Lime Mountain map, and continue along onto the R9E/R10E line on the 
Tierra Redonda Mountain map to the line's intersection with the 
Monterey-San Luis Obispo County line at the northwest corner of section 
6; T24S/T25S; then
    (12) Proceed east for approximately 12.3 miles along the Monterey-
San Luis Obispo County line, crossing over the Bradley map, and return 
to the beginning point on the San Miguel map.

    Dated: December 5, 2006.
John J. Manfreda,
Administrator.
 [FR Doc. E7-983 Filed 1-23-07; 8:45 am]
BILLING CODE 4810-31-P


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