72710 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 

Drafting Information 

Nancy Sutton of the Regulations and 

Rulings Division drafted this document. 

List of Subjects in 27 CFR Part 9 

Wine. 

The Regulatory Amendment 

■ For the reasons discussed in the 

preamble, we 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 

■ 2. Amend subpart C by adding § 9.192 

to read as follows: 

§ 9.192 Wahluke Slope. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Wahluke Slope’’. For purposes of part 

4 of this chapter, ‘‘Wahluke Slope’’ and 

‘‘Wahluke’’ are terms of viticultural 

significance. 

(b) Approved Maps. The appropriate 

maps for determining the boundary of 

the Wahluke Slope viticultural area are 

eight United States Geological Survey 

1:24,000 scale topographic maps. They 

are titled: 

(1) Beverly Quadrangle, Washington, 

1965; 

(2) Beverly SE Quadrangle, 

Washington—Grant Co., 1965; 

(3) Smyrna Quadrangle, 

Washington—Grant Co., Provisional 

Edition 1986; 

(4) Wahatis Peak Quadrangle, 

Washington—Grant Co., Provisional 

Edition 1986; 

(5) Coyote Rapids Quadrangle, 

Washington, Provisional Edition 1986; 

(6) Vernita Bridge Quadrangle, 

Washington, Provisional Edition 1986; 

(7) Priest Rapids NE Quadrangle, 

Washington, Provisional Edition 1986; 

and 

(8) Priest Rapids Quadrangle, 

Washington, 1948; photo revised 1978. 

(c) Boundary. The Wahluke Slope 

viticultural area is located in Grant 

County, Washington. The boundary of 

the Wahluke Slope viticultural area is as 

described below: 

(1) The beginning point is at the 

northwest corner of the viticultural area 

where the east bank of the Columbia 

River intersects the north boundary line 

of section 22, T15N/R23E, on the 

Beverly map; then 

(2) From the beginning point proceed 

straight east 1.5 miles to the intersection 

of the section 23 north boundary line 

and the 1,480-foot elevation line, T15N/ 

R23E, Beverly map; then 

(3) Proceed generally east along the 

meandering 1,480-foot elevation line, 

crossing the Beverly map, the Beverly 

SE map, and the Smyrna map, and 

continue onto the Wahatis Peak map to 

the intersection of the 1,480-foot 

elevation line and the eastern boundary 

line of section 15, which forms a portion 

of the boundary line of the Hanford Site, 

T15N/R26E, Wahatis Peak map; then 

(4) Proceed generally southwest along 

the Hanford Site boundary in a series of 

90 degree angles, crossing the Wahatis 

map, the Coyote Rapids map in section 

36, T15N/R25E, and the Vernita Bridge 

map, and continue onto the Priest 

Rapids NE map to the intersection of the 

Hanford Site boundary and the north 

bank of the Columbia River, section 10, 

T13N/R24E, Priest Rapids NE map; then 

(5) Proceed generally west along the 

north bank of the Columbia River, 

crossing onto the Priest Rapids map 

and, turning north-northwest, continue 

along the river bank and, crossing onto 

the Beverly map, return to the beginning 

point. 

Signed: September 29, 2005. 

John J. Manfreda, 

Administrator. 

Approved: November 3, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 05–23679 Filed 12–6–05; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[T.D. TTB–37; Notice No. 40; Ref: T.D. ATF–

454] 

RIN 1513–AA50 

Santa Rita Hills Viticultural Area Name 

Abbreviation to Sta. Rita Hills (2003R–

091P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: This Treasury decision 

modifies the name of the existing ‘‘Santa 

Rita Hills’’ American viticultural area by 

abbreviating its name to ‘‘Sta. Rita 

Hills.’’ We make this change to prevent 

possible confusion between wines 

bearing the Santa Rita Hills appellation 

and wines bearing the Santa Rita brand 

name used by a Chilean winery. The 

size and boundary of the existing 

viticultural area will remain unchanged. 

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. 

EFFECTIVE DATE: January 6, 2006. 

FOR FURTHER INFORMATION CONTACT: Rita 

Butler, Alcohol and Tobacco Tax and 

Trade Bureau, Regulations and Rulings 

Division, 1310 G St., NW., Washington, 

DC 20220; telephone 202–927–8210. 

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 the consumer 

with adequate information regarding a 

product’s 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 American 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 

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 72711 

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, 

elevation, physical features, and soils, 

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. 

Sta. Rita Hills Petition 

General Background 

TTB received a petition from a group 

of 11 viticulturists and vintners in the 

established Santa Rita Hills viticultural 

area (27 CFR 9.162) in Santa Barbara 

County, California, proposing to 

abbreviate the name of the viticultural 

area as ‘‘Sta. Rita Hills.’’ The petitioners 

requested abbreviation of the name of 

the Santa Rita Hills viticultural area as 

‘‘Sta. Rita Hills’’ in order to prevent 

confusion between wine bearing the 

‘‘Santa Rita Hills’’ appellation and 

wines bearing the ‘‘Santa Rita’’ brand 

name. The petitioners do not believe 

such confusion is likely, but want to 

accommodate the concerns of Vin ̃ a 

Santa Rita, the Chilean producer of 

Santa Rita brand wines. The petitioners 

believe it would be in the best interests 

of all parties, including consumers in 

the United States and abroad, to use the 

Sta. Rita Hills abbreviation for the 

viticultural area. Vin ̃ a Santa Rita 

endorses this proposal. 

According to the petitioners, 

abbreviating the viticultural area name 

by using the abbreviation as suggested 

above would accommodate Vin ̃ a Santa 

Rita’s brand and trademark rights 

without compromising the accuracy of 

the viticultural area’s name. As 

discussed more fully below: 

• The term ‘‘Sta.’’ is a recognized 

abbreviation for the word ‘‘Santa,’’ as 

evidenced by standard dictionaries of 

abbreviations. 

• Of particular significance is the use 

of the abbreviation ‘‘Sta.’’ in the United 

States to refer to wines made from 

grapes grown in such well-known 

appellations as Santa Barbara, Santa 

Barbara County, the Santa Cruz 

Mountains, and the Santa Maria Valley. 

• Historic evidence demonstrates that 

‘‘Sta. Rita’’ has been used as an 

abbreviation for the ‘‘Santa Rita Hills’’

region. Such evidence also shows the 

term ‘‘Sta.’’ was frequently used with 

other California place names, such as 

Santa Barbara, Santa Clara, and Santa 

Rosa. 

• The use of abbreviations in 

viticultural area names is not 

uncommon; approved viticultural areas 

include names like ‘‘Mt. Veeder’’ (27 

CFR 9.123), ‘‘Mt. Harlan’’ (27 CFR 

9.131), ‘‘St. Helena’’ (27 CFR 9.149), and 

‘‘Isle St. George’’ (27 CFR 9.51). The 

petitioners believe the name ‘‘Sta. Rita 

Hills’’ fits comfortably within these 

precedents. 

Background for Petition 

The current petition notes that on 

March 31, 1998, a group of viticulturists 

and vintners in Santa Barbara County, 

California, petitioned the Bureau of 

Alcohol, Tobacco and Firearms (ATF, 

TTB’s predecessor agency) to establish 

the ‘‘Santa Rita Hills’’ viticultural area 

in the western portion of the Santa Ynez 

Valley viticultural area. ATF published 

a notice of proposed rulemaking in the 

Federal Register on September 11, 1998 

(see Notice No. 866, 63 FR 48658). 

ATF received comments from 35 

parties. Eleven parties, mostly Santa 

Barbara County winemakers, grape 

growers, and public officials, supported 

the proposed viticultural area. The 

remaining 24 parties were opposed, not 

to the establishment of the viticultural 

area, but to its proposed name. 

Vin ̃ a Santa Rita, a publicly traded 

Chilean company that has produced and 

sold wines under the brand name 

‘‘Santa Rita’’ for more than 120 years, 

led this opposition. Vin ̃ a Santa Rita 

commented that recognition of the 

‘‘Santa Rita Hills’’ viticultural area 

would cause widespread consumer 

confusion and would damage Vin ̃ a 

Santa Rita’s vested trademark rights. 

On May 31, 2001, ATF published a 

final rule in the Federal Register 

approving Santa Rita Hills as an 

American viticultural area (see T.D. 

ATF–454, 66 FR 29476). ATF concluded 

that the region was locally known as the 

Santa Rita Hills and that it was 

geographically, viticulturally, and 

climatically distinct from the 

surrounding Santa Ynez Valley 

viticultural area. 

ATF recognized the similarities 

between the Santa Rita trademark and 

brand name and the Santa Rita Hills 

viticultural area, but concluded that 

consumers would not be confused by 

wines bearing the Santa Rita brand 

name and wines labeled with the Santa 

Rita Hills viticultural area. ATF stated 

as follows in this regard: 

The fact that imported products are 

required to state the words ‘‘Imported by’’

followed by the name and address of the 

party responsible for importation world, in 

the case of a product with a ‘‘Sta. Rita Hills 

appellation, signal to consumers that the 

product is domestically produced rather than 

imported. The fact that imported products 

are also required to state the words ‘‘Product 

of llll’’ followed by the country of 

origin, further identifies the origin of 

imported products to consumers, as distinct 

from domestic products. Likewise, the fact 

that domestic products are required to 

indicate the name and address of the bottler 

or packer, minimizes the likelihood of 

confusion between a ‘‘Sta. Rita Hills’’ wine 

and a product of Santa Rita in Chile or any 

other place. 

The current petition states that Vin ̃ a 

Santa Rita and the petitioners have 

since negotiated in good faith about the 

use of the Santa Rita Hills viticultural 

area name. The petitioners, with the 

agreement of Vin ̃ a Santa Rita, believe 

that abbreviating the name ‘‘Santa Rita 

Hills’’ to ‘‘Sta. Rita Hills’’ would be in 

the best interest of everyone, including 

consumers in the United States and 

abroad. Moreover, the requested 

modification will, by agreement, obviate 

the need for further legal proceedings. 

Avoiding Conflict With the Existing 

Santa Rita Brand Name 

TTB regulations recognize that 

consumers can be confused when an 

American viticultural area and a brand 

name contain the same or similar terms 

but are used for different wines (see 27 

CFR 4.39(i)). When confronted with a 

proposed viticultural area name that is 

similar to an existing brand or 

trademark, TTB solicits public comment 

for other potential names that might 

avoid such a dilemma. Upon occasion, 

TTB has modified the proposed 

viticultural area name to avoid conflict, 

provided the modification could be 

justified under TTB regulations. 

For example, in 1981, ATF considered 

recognizing a new AVA called ‘‘The 

Pinnacles’’ (46 FR 49601; Oct. 7, 1981). 

That brand name, however, was already 

in use by a California winery. ATF thus 

determined the proposed name was 

‘‘inappropriate’’ due to ‘‘trademark 

claims by another winery and the 

possibility of consumer confusion that 

would result if the proposed name were 

approved’’ (see 47 FR 25517; June 14, 

1982). After soliciting alternative 

proposals, ATF recognized the 

72712 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 

viticultural area under the name 

‘‘Chalone’’ (27 CFR 9.24). 

Similarly, in 1992, ATF proposed 

establishing the Spring Mountain 

viticultural area (58 FR 8726; February 

17, 1993). Spring Mountain Vineyards 

protested, claiming that its brand name, 

‘‘Spring Mountain,’’ would be 

‘‘rendered worthless’’ by establishment 

of a viticultural area of the same name. 

At Spring Mountain Vineyards’

suggestion, the petitioners amended 

their petition to request the name 

‘‘Spring Mountain District’’, which was 

approved (27 CFR 9.143). 

More recently, ATF considered 

recognizing the Diamond Mountain 

viticultural area (66 FR 29695; June 1, 

2001). Diamond Mountain Vineyards 

objected, claiming the name would 

cause consumer confusion and conflict 

with its trademark right in the 

‘‘Diamond Mountain Vineyards’’ brand. 

ATF agreed, noting consumers might 

confuse wines labeled with the 

Diamond Mountain viticultural area 

name with wines bearing the brand 

name ‘‘Diamond Mountain Vineyards.’’

Sufficient name evidence was provided 

for recognition of the ‘‘Diamond 

Mountain District’’ name and, therefore, 

ATF approved the viticultural area 

under this alternative name (see 27 CFR 

9.166). 

The current petition states that the 

requested modification to the 

viticultural area’s name is intended to 

reconcile various interests in the ‘‘Santa 

Rita’’ name. The petition contends that 

modifying the viticultural area’s name 

to feature the abbreviation ‘‘Sta.’’ would 

reduce the potential for consumer 

confusion. The petitioners feel that 

abbreviating the viticultural area’s name 

would be consistent with TTB’s policy 

of minimizing, when possible, the 

potential for consumer confusion 

between existing brand names and 

newly created viticultural areas. 

Name Evidence for Sta. Rita Hills 

Below, we discuss the evidence 

provided in the petition showing that 

‘‘Sta. Rita Hills’’ is an appropriate name 

for the Santa Rita Hills viticultural area. 

According to the petition, ‘‘Sta. Rita 

Hills’’ is equally accurate and 

appropriate name for the area, since the 

term ‘‘Sta.’’ is a well-recognized 

abbreviation for ‘‘Santa.’’ This 

abbreviation is confirmed by 

authoritative sources such as the ‘‘Gale 

Press Abbreviations Dictionary’’ and 

‘‘The Oxford Dictionary of 

Abbreviations.’’ The petition included 

copies of these sources. Based on this, 

the petitioners state that the terms 

‘‘Santa Rita Hills’’ and ‘‘Sta. Rita Hills’’

are functionally identical. 

The abbreviation ‘‘Sta.’’ has been used 

in reference to the Santa Rita Hills 

region, as well as other California 

regions, for over a century, according to 

the petition. The petition included 

copies of historic disen ̃ os, or sketches, 

that were presented, along with land 

grant petitions, to the governors of 

Mexican California. There were no 

official surveyors in the region at that 

time; therefore, each disen ̃ o graphically 

defined the tract of land solicited. On 

these disen ̃ os, the term ‘‘Sta. Rita’’ was 

used to describe ‘‘Santa Rita.’’ Likewise, 

‘‘Sta. Clara’’ denotes ‘‘Santa Clara,’’

‘‘Sta. Rosa’’ denotes ‘‘Santa Rosa,’’ and 

‘‘Sta. Izabel’’ denotes ‘‘Santa Izabel.’’

According to the petition, the ‘‘Sta.’’

abbreviation continues to be used 

throughout the United States today, 

especially in connection with California 

wines. The Wine Enthusiast’s Web site 

advertises a ‘‘wine boot camp’’ in ‘‘Sta. 

Barbara Cty,’’ and the term ‘‘Sta. 

Barbara’’ is used in wine reviews (see 

http://www.dooyou.co.uk/product/ 

141787.html—visited on August 19, 

2002). Top restaurants and retailers 

from around the United States use the 

terms ‘‘Sta. Barbara,’’ ‘‘Sta. Cruz 

Mountains,’’ and ‘‘Sta. Maria Valley’’ as 

appellations for fine wines (references: 

http://www.renaissancehollywood.com/

docs/twistwine.pdf; http:// 

www.ambrosiaonhuntington.com/html/

wines.html; http://www.circa1886.com/ 

cabernet_sauvignon_circa_

restaurant_charleston.asp?

subject=circa1886; http:// 

www.northsidewine.com/level3/

us_west.htm; http:// 

www.hotelastor.com/wine.htm; http:// 

www.capitalraleigh.com/dining/

wine_list.htm; and http:// 

www.villacreek.com/pages/

winelist.html—all visited on October 11, 

2002). Babcock Winery & Vineyards 

uses the abbreviation ‘‘Sta. Barbara’’ on 

its distributors list (http:// 

www.babcockwinery.com/

distributionlist.html—visited on October 

11, 2002). 

Internet searches reveal many 

additional uses of the abbreviation 

‘‘Sta.’’ with California place names. A 

tourism page promoting Santa Barbara 

County uses the abbreviation ‘‘Sta. 

Barbara’’ for addresses within the city 

(http://www.maintour.com/socal/ 

stabarb.html—visited on October 11, 

2002). Ship schedules refer to ‘‘Sta. 

Barbara’’ (http://www.gso.uri.edu/unols/ 

schedules/Sproul/Sproul99.html—

visited on August 19, 2002), as do high 

school athletic calendars (http:// 

www.ouhsd.k12.ca.us/sites/cihs/ 

handbook/december.htm—visited on 

October 11, 2002). 

The term ‘‘Sta. Rita’’ is used as an 

abbreviation for ‘‘Santa Rita’’

throughout the United States and in 

Spanish-speaking countries. For 

example, a simple Internet search 

performed by a petitioner found a 

University of Arizona faculty Web site 

that uses the term ‘‘N. Sta. Rita St.’’ to 

refer to ‘‘North Santa Rita Street,’’

located in Tucson, Arizona (http:// 

www.bened.arizona.edu/ransdell/ 

english_102_108.htm—visited on 

August 19, 2002). Another Web site 

concerning husbandry and breeding of 

reptiles and amphibians abbreviates the 

‘‘Santa Rita Mountains,’’ a range in 

Arizona, as ‘‘Sta. Rita Mts.’’ (http:// 

www.herper.com/MantidNA3.html, and 

http://www.herper.com?

PhasmidNA2.html—both visited on 

August 19, 2002). 

The petition states that use of the 

‘‘Sta.’’ abbreviation is consistent with 

practices of the United States Board on 

Geographic Names, the body 

responsible for standardizing geographic 

names used by the Federal Government 

and printed on Federal maps. The 

Board’s guidelines specify that the term 

‘‘Saint’’ may be abbreviated ‘‘St.’’. 

Particularly in regions where place 

names are derived from the Spanish 

language, as in Southern California, 

abbreviating the term ‘‘Santa,’’ the 

Spanish feminine form of the English 

word ‘‘Saint,’’ as ‘‘Sta.’’ is consistent 

with the Board’s general approach to 

abbreviations. 

Notice of Proposed Rulemaking and 

TTB Finding 

TTB published a notice of proposed 

rulemaking, Notice No. 40, in the 

Federal Register on April 29, 2005 (70 

FR 22283), regarding the modification of 

the Santa Rita Hills viticultural area by 

abbreviating it as ‘‘Sta. Rita Hills.’’ In 

that notice, TTB requested comments by 

June 28, 2005, from anyone interested. 

We received three supporting 

comments, no opposing comments, and 

one unrelated comment. 

After careful review, TTB finds that it 

is appropriate to modify the name of the 

Santa Rita Hills viticultural area by 

using the abbreviation ‘‘Sta.’’ in place of 

‘‘Santa.’’ Therefore, under the authority 

of the Federal Alcohol Administration 

Act and part 4 of our regulations, we 

modify the ‘‘Santa Rita Hills’’

viticultural name to read ‘‘Sta. Rita 

Hills’’ effective 30 days from this 

document’s publication date. Vin ̃ a Santa 

Rita will be able to obtain future label 

approvals of its use of its ‘‘Santa Rita’’

brand name on wines imported into the 

United States because it is 

distinguishable from ‘‘Sta. Rita Hills.’’

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 72713 

Impact on Current Wine Labels 

General 

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. With the 

adoption of this modification of the 

name for the Santa Rita Hills viticultural 

area, the abbreviated ‘‘Sta. Rita Hills’’

name will be recognized as a name of 

viticultural significance. Consequently, 

wine bottlers using ‘‘Sta. Rita Hills’’ in 

a brand name, including a trademark, or 

in another label reference as to the 

origin of the wine, will have to ensure 

that the product is eligible to use the 

viticultural area’s name as an 

appellation of origin. Accordingly, the 

amended regulatory text set forth below 

in § 9.162(a) specifies that ‘‘Sta. Rita 

Hills’’ is a term of viticultural 

significance for purposes of part 4 of the 

TTB regulations. 

For a wine to be eligible to use as an 

appellation of origin the name of a 

viticultural area specified in part 9 of 

the TTB regulations, at least 85 percent 

of the grapes used to make the wine 

must have been grown within the area 

represented by that name. If the wine is 

not eligible to use the viticultural area 

name as an appellation of origin and 

that name 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 

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 ‘‘Sta. Rita Hills’’ 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. 

Different rules apply if a wine has a 

brand name containing a viticultural 

area name that was used as a brand 

name on a label approved before July 7, 

1986. See 27 CFR 4.39(i)(2) for details. 

Use of the Name ‘‘Santa Rita Hills’’

Since July 30, 2001, the name of this 

viticultural area has been expressed as 

‘‘Santa Rita Hills.’’ After the effective 

date of this final rule, we will approve 

wine labels showing ‘‘Sta. Rita Hills,’’

and not ‘‘Santa Rita Hills,’’ as the 

viticultural area appellation. 

The final rule includes, under our 

authority pursuant to 27 CFR 

13.72(a)(2), a transition period during 

which vintners may continue to use 

approved labels that carry ‘‘Santa Rita 

Hills’’ as the name of the viticultural 

area. However, one year after the 

effective date of that final rule, 

certificates of label approval showing 

‘‘Santa Rita Hills’’ as an appellation of 

origin will be revoked by operation of 

that final rule (see 27 CFR 13.51). We 

have added a statement to this effect as 

a new paragraph (d) in § 9.162. 

Regulatory Flexibility Act 

We certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

This regulation imposes no new 

reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name is 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 rule is not a significant 

regulatory action as defined by 

Executive Order 12866 (58 FR 51735). 

Therefore, it requires no regulatory 

assessment. 

Drafting Information 

Rita Butler of the Regulations and 

Rulings Division drafted this document. 

List of Subjects in 27 CFR Part 9 

Wine. 

The Regulatory Amendment 

■ For the reasons discussed in the 

preamble, we amend title 27, chapter 1, 

part 9, Code of Federal Regulations, 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. In subpart C, amend § 9.162 by 

revising the section heading, revising 

paragraph (a) and the introductory text 

of paragraphs (b) and (c), and adding a 

new paragraph (d), to read as follows: 

§ 9.162 Sta. Rita Hills. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Sta. 

Rita Hills’’. For purposes of part 4 of 

this chapter, ‘‘Sta. Rita Hills’’ is a term 

of viticultural significance. 

(b) Approved Maps. The appropriate 

maps for determining the boundary of 

the Sta. Rita Hills viticultural area are 

five United States Geological Survey 

(USGS) 7.5 Minute Series maps titled: 

* * * * * 

(c) Boundary. The Sta. Rita Hills 

viticultural area is located in Santa 

Barbara County, California. The 

boundary is as follows: 

* * * * * 

(d) From July 30, 2001, until January 

5, 2006, this viticultural area was named 

‘‘Santa Rita Hills’’. Effective January 6, 

2006, the name of this viticultural area 

is ‘‘Sta. Rita Hills’’. Existing certificates 

of label approval showing ‘‘Santa Rita 

Hills’’ as the appellation of origin are 

revoked by operation of this regulation 

on January 6, 2007. 

Signed: August 25, 2005. 

John J. Manfreda, 

Administrator. 

Approved: November 3, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 05–23682 Filed 12–6–05; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[T.D. TTB–38; Re: Notice No. 25] 

RIN 1513–AA77 

Establishment of the Texoma 

Viticultural Area (2003R–110P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: This Treasury decision 

establishes the Texoma viticultural area 

in north-central Texas, in Montague, 

Cooke, Grayson, and Fannin Counties. 

The proposed area covers approximately 

3,650 square miles on the south side of 

Lake Texoma and the Red River, along 

the Texas-Oklahoma Stateline. 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. 

EFFECTIVE DATE: January 6, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Berry, Alcohol and Tobacco 

Tax and Trade Bureau, Regulations and 

Rulings Division, P.O. Box 18152, 

Roanoke, VA 24014; telephone 540–

344–9333. 

SUPPLEMENTARY INFORMATION: