3088 Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Proposed Rules 

temporary regulations (REG–125632–06) 

that was the subject of FR Doc. E6–

21572, is corrected as follows: 

On page 75898, column 3, in the 

preamble, under the caption, line 9, the 

language ‘‘acquiring corporation is 

issued and’’ is corrected to read 

‘‘acquiring corporation are issued and.’’

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Office of Associate 

Chief Counsel (Procedure and 

Administration). 

[FR Doc. E7–860 Filed 1–23–07; 8:45 am] 

BILLING CODE 4830–01–P 

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. 

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: 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, Attn: Notice No. 71, P.O. 

Box 14412, Washington, DC 20044–

4412. 

• 202–927–8525 (facsimile). 

• nprm@ttb.gov (e-mail). 

• http://www.ttb.gov/wine/ 

wine_rulemaking.shtml. An online 

comment form is posted with this notice 

on our Web site. 

• 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 grapegrowing region as a viticultural area. 

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 geographic 

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. 

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). 


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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 


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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

Terrain type 

Paso Robles 

viticultural 

area 

Proposed 

Paso Robles 

Westside 

viticultural 

area 

Paso Robles 

area east of 

Salinas River 

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 


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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 § 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 § 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: 

• Mail: You may send written 

comments to TTB at the address listed 

in the ADDRESSES section. 

• 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. 

• E-mail: You may e-mail comments 

to nprm@ttb.gov. 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. 

• 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. 

• 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 


rmajette on PROD1PC67 with PROPOSALS
3092 Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Proposed Rules 

on the TTB Web site. All name and 

address information submitted with 

comments will be posted, including email 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 

§ 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 § 9.__ to read as follows: 

§ 9.l 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 

§ 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 westernmost 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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