46830 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

§ 15.303 Procedure for review of demands 

for production of material or provision of 

testimony in any legal proceeding in which 

the United States is a party. 

Whenever a demand is made upon the 

Department or an employee of the 

Department for the production of 

material or provision of testimony, the 

employee shall immediately notify the 

Appropriate Associate General Counsel 

or Appropriate Regional Counsel. 

13. Revise § 15.304 to read as follows: 

§ 15.304 Consideration of demands for 

production of material or provision of 

testimony. 

Consideration of demands shall be 

within the province of the attorney 

representing the United States, who may 

raise any valid objection to the 

production of material or provision of 

testimony in response to the demand. 

14. Add § 15.305 to read as follows: 

§ 15.305 Method of production of material 

or provision of testimony. 

If the production of material or 

provision of testimony has been 

authorized, the Department may 

respond by producing authenticated 

copies of the documents, to which the 

seal of the Department has been affixed 

in accordance with its authentication 

procedures. The authentication shall be 

evidence that the documents are true 

copies of documents in the 

Department’s files and shall be 

sufficient for the purposes of Rules 

803(8) and 902 of the Federal Rules of 

Evidence and Rule 44(a)(1) of the 

Federal Rules of Civil Procedure. 

15. Revise appendix A to read as 

follows: 

Appendix A to Part 15—Location 

Information for HUD FOIA Reading 

Rooms and Contact Information for 

Regional Counsel 

The Department maintains a reading room 

in Headquarters and in each of the 

Secretary’s Representative’s Offices. In 

addition, each of the Secretary’s 

Representative’s Offices has a Regional 

Counsel. The location and contact 

information for the HUD FOIA Reading 

Rooms and for the Regional Counsel can be 

found in HUD’s Local Office Directory 

through HUD’s Internet site at http:// 

www.hud.gov. 

Dated: July 14, 2008. 

Roy A. Bernardi, 

Deputy Secretary. 

[FR Doc. E8–18282 Filed 8–11–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Notice No. 89; Docket No. TTB–2008–0008] 

RIN 1513–AB52 

Proposed Establishment of the Happy 

Canyon of Santa Barbara Viticultural 

Area (2007R–311P) 

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 23,941-acre ‘‘Happy Canyon of Santa 

Barbara’’ American viticultural area in 

Santa Barbara County, California. This 

area lies within the larger Santa Ynez 

Valley viticultural area and the 

multicounty Central Coast viticultural 

area. 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 October 14, 

2008. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

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

online comment form for this notice as 

posted within Docket No. TTB–2008–

0008 at ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal); or 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

selected supporting materials, and any 

comments we receive about this 

proposal at http://www.regulations.gov 

within Docket No. TTB–2008–0008. A 

link to that docket is posted on the TTB 

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

wine_rulemaking.shtml under Notice 

No. 89. You also may view copies of this 

notice, all related petitions, maps and 

other supporting materials, and any 

comments we receive about this 

proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street, NW., Washington, DC 20220. 

Please call 202–927–2400 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: N.A. 

Sutton, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 925 Lakeville St., No. 

158, Petaluma, CA 94952; telephone 

415–271–1254. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

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

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

requires that these regulations, among 

other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the regulations 

promulgated under the FAA Act. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

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

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

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

of the regulations. These designations 

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. 


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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. 

Petition for Happy Canyon of Santa 

Barbara 

TTB received a petition from Wes 

Hagen, Vineyard Manager and 

Winemaker at Clos Pepe Vineyards, 

Lompoc, California, on behalf of Happy 

Canyon vintners and grape growers, 

proposing the establishment of the 

‘‘Happy Canyon of Santa Barbara’’

American viticultural area. According to 

the petitioner, the proposed viticultural 

area encompasses 23,941 acres, 492 

acres of which are in commercial 

viticulture in 6 vineyards. It is entirely 

within the Santa Ynez Valley 

viticultural area (27 CFR 9.54), which in 

turn is completely within the 

multicounty Central Coast viticultural 

area (27 CFR 9.75). 

The petitioner states that the 

viticulture of the proposed Happy 

Canyon of Santa Barbara viticultural 

area, in eastern Santa Ynez Valley, is 

distinguishable from that of the rest of 

the valley, including the Sta. Rita Hills 

viticultural area (27 CFR 9.162), in 

western Santa Ynez Valley. We 

summarize below the supporting 

evidence submitted with the petition. 

Name Evidence 

According to the petitioner and USGS 

maps, the ‘‘Happy Canyon of Santa 

Barbara’’ name applies to a canyon 

located in Santa Barbara County. TTB 

notes that a search of the U.S. 

Geological Survey Geographical Names 

Information System (GNIS) includes ten 

hits for ‘‘Happy Canyon,’’ three of 

which are in California. The petitioner 

originally considered Happy Canyon for 

the name of the proposed viticultural 

area. However, based on results of the 

GNIS search, TTB determined that the 

Happy Canyon name would require a 

geographical modifier to pinpoint its 

physical location and avoid potential 

consumer confusion with other 

identical or similar names. After careful 

consideration, the petitioner modified 

the name of the viticultural area petition 

to ‘‘Happy Canyon of Santa Barbara.’’

The petitioner believes that the 

proposed Happy Canyon of Santa 

Barbara viticultural area name will 

identify the area as a unique grapegrowing region for both consumers and 

industry members. 

According to the USGS Lake 

Cachuma, Santa Ynez, and Figueroa 

Mountain maps that the petitioner 

provided, Happy Canyon is a region that 

descends in elevation northeast-tosouthwest, north and west of Lake 

Cachuma in Santa Barbara County. 

Happy Canyon Road, a light-duty road, 

meanders through the proposed 

viticultural area. 

A road map of Santa Barbara County 

shows that the Happy Canyon area and 

Happy Canyon Road are to the east of 

the town of Santa Ynez (Automobile 

Club of Southern California, California 

State Automobile Association, January 

2003 edition). The map also shows that 

the Happy Canyon area is within Santa 

Barbara County. 

Boundary Evidence 

The petitioner documents that the 

proposed Happy Canyon of Santa 

Barbara viticultural area lies in the 

eastern part of the 40-mile-wide Santa 

Ynez Valley and the northern part of 

Santa Barbara County, California. As 

shown on USGS maps, Happy Canyon 

comprises canyon terrain, hills, and 

river and creek basins to the east and 

south of the San Rafael Mountains, west 

of Lake Cachuma, and north of the Santa 

Ynez River. 

The petitioner explains that the 

proposed boundary line of the Happy 

Canyon of Santa Barbara viticultural 

area was drawn by a local committee of 

viticulturists, consultants, and vintners, 

all of whom had formal training in 

geology, geography, and agriculture. The 

proposed boundary line encompasses a 

unique geological and climatic grapegrowing region on the east side of the 

Santa Ynez Valley viticultural area. The 

proposed boundary line skirts the San 

Rafael Mountains to the north, the Los 

Padres National Forest to the east, and 

the Lake Cachuma Recreation Area on 

portions of the south side, according to 

the written boundary description. The 

proposed boundary line, continuing in a 

clockwise direction, incorporates a 

portion of the Santa Ynez River as the 

south boundary line, and uses a series 

of straight lines between elevation 

points to skirt the steep foothills west of 

the Santa Agueda and Figueroa Creeks. 

According to the petitioner, the 

northern and northeastern portions of 

the boundary line of the proposed 

Happy Canyon of Santa Barbara 

viticultural area are based on the 

location of the best grape-growing areas, 

viable agricultural soils, sparse and 

rocky pine forests, and high elevations. 

Photographs and descriptions of the 

landscape in the proposed viticultural 

area tell of the change from green 

pastures to stony, infertile soils at the 

Los Padres National Forest to the 

northeast. The U.S. Department of 

Agriculture, Soil Conservation Service, 

did not map the soils in the national 

forest. However, as shown on the USGS 

maps submitted with the petition, 

elevations north of Happy Canyon rise 

from 1,200 to 3,200 feet, far exceeding 

the average 1,200-foot elevation within 

the proposed viticultural area. 

The USGS maps show that the eastern 

boundary line of the proposed Happy 

Canyon of Santa Barbara viticultural 

area runs, north to south, along the 

border of the Los Padres National 

Forest, and continues south along the 

dividing line of several land grants. The 

proposed boundary line cuts through 

steep, mountainous terrain where 

elevations are between approximately 

800 and 3,400 feet. The petitioner 

explains that the proposed eastern 

boundary line uses the same line 

established in 1983 for the eastern 

border of the Santa Ynez Valley 

viticultural area. Local winegrowers in 

Happy Canyon assert that the eastern 

boundary line applies equally well to 

the Santa Ynez Valley and the proposed 

Happy Canyon of Santa Barbara 

viticultural areas. 

According to the written boundary 

description in the petition and the 

USGS maps, the southern boundary line 

of the proposed Happy Canyon of Santa 

Barbara viticultural area coincides with 

the southern boundary line of the Santa 

Ynez Valley viticultural area along the 

boundary line of the Lake Cachuma 

Recreation Area to its intersection with 

the Santa Ynez River. The proposed 

boundary line then follows the Santa 

Ynez River west to its intersection with 

a road, where the boundary line turns 

north. 

The petitioner explains that the 

committee, in determining the 

southwestern portion of the boundary of 

the proposed viticultural area, 

considered only areas that were 

traditionally known as Happy Canyon 

and that had similar potential for 

viticulture. 

The petitioner explains that the 

central and northerly portions of the 


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western boundary line of the proposed 

Happy Canyon of Santa Barbara 

viticultural area define the boundaries 

of grazed, rolling hills and deep canyons 

with ridge lines 1,200 to 1,800 feet in 

elevation. According to the written 

boundary description and USGS maps, 

the rolling foothills of the Santa Agueda 

Creek Valley, where cattle graze both 

sides of the creek, lie immediately 

inside the proposed western boundary 

line. As the Santa Agueda Creek Valley 

rises to the west, rolling foothills meet 

steep canyons at the western boundary 

line of the proposed Happy Canyon of 

Santa Barbara viticultural area. The 

petitioner notes that the steepness of the 

terrain to the west and outside of the 

proposed boundary line contrasts with 

the topography and geology of the 

preserved oak scrubland, open rolling 

grazeland, and vineyards to the east, 

inside the proposed boundary line. 

Distinguishing Features 

The petitioner states that the 

distinguishing features of the proposed 

Happy Canyon of Santa Barbara 

viticultural area are climate, 

topography, drainage, and soils and 

geology. Happy Canyon, in the eastern 

portion of the Santa Ynez Valley, and 

the western portion of the Santa Ynez 

Valley have overt differences in climate, 

geological parent material, and soil 

drainage patterns. 

Climate 

According to the petitioner, of all the 

grape-growing areas in the Santa Ynez 

Valley, Happy Canyon is the furthest 

inland and has the warmest climate. It 

is located in the easternmost part of the 

Santa Ynez Valley, and the daytime 

highs and nighttime lows in that part of 

the county vary more in a 24-hour 

period than those in other parts of the 

valley. At about 12 miles west of the 

proposed viticultural area, the inland 

mountain ranges change direction from 

west-east to north-south. The northsouth mountain ridge blocks the Pacific 

coastal breezes, preventing them from 

cooling the canyon. As a result, the 

ridge traps in heat in Happy Canyon 

during the warmer growing months. 

The petition for the Happy Canyon of 

Santa Barbara viticultural area includes 

climatic data for the period 2004–6 

provided by Kerry Martin of Coastal 

Vineyard Care Associates. Some of the 

data for the Happy Canyon area and the 

areas to the west and north of Happy 

Canyon were obtained from data 

stations located in vineyards and 

maintained by Coastal Vineyard Care 

Associates. The data for the areas to the 

east and south of Happy Canyon were 

retrieved from the Western Regional 

Climate Center (at http:// 

www.wrcc.dri.edu/) and the California 

Irrigation Management Information 

System (at http:// 

www.cimis.water.ca.gov/cimis/ 

welcome.jsp), respectively. The 

petitioner used those data in creating 

the table below, which compares 

growing degree days, based on the 

Winkler climate classification system, 

for Happy Canyon and the surrounding 

areas; see ‘‘General Viticulture,’’ by 

Albert J. Winkler, University of 

California Press, 1974. In the Winkler 

system, as a measurement of heat 

accumulation during the growing 

season, 1 degree day accumulates for 

each degree Fahrenheit that a day’s 

mean temperature is above 50 degrees, 

which is the minimum temperature 

required for grapevine growth. The data, 

in degree days, show that, compared to 

the Happy Canyon area, areas to the 

north, south, and west of Happy Canyon 

average between 5 and 20 percent cooler 

and the area to the east averages 15 

percent warmer. 

GROWING DEGREE DAYS WITHIN AND OUTSIDE OF HAPPY CANYON, 2004–2006 

Location relative to 

Happy Canyon 2004 2005 2006 Overall average Percent cooler or warmer than Happy Canyon 

In Happy Canyon ........... 3,414 3,187 3,419 3,340 Same. 

North—Los Alamos 3,250 2,700 3,200 3,050 9% cooler. 

East—Figueroa 

Mountain.

3,872 3,721 3,965 3,853 15% warmer. 

South—Santa Barbara.2,795 2,537 2,721 2,684 20% cooler. 

West—Ballard Canyon.3,300 2,950 3,250 3,167 5% cooler. 

Topography 

The petitioner explains that the 

topography of the proposed Happy 

Canyon of Santa Barbara viticultural 

area includes varying elevations, rolling 

foothills, and a distinctive southwest 

drainage. According to the USGS maps, 

the proposed viticultural area lies on the 

east side and in the higher elevations of 

the Santa Ynez Valley region. Elevations 

within the proposed boundary line 

range from 500 feet in the southwest 

corner to 3,430 feet in the northeast 

corner, in the foothills of the San Rafael 

Range. 

The petitioner explains that between 

the Pacific Ocean and the Santa Ynez 

Valley, hills and mountains trend westto-east. As the elevation of the Santa 

Ynez Valley rises from west to east, the 

hills and mountains turn from a westeast direction to a generally north-south 

direction. The proposed viticultural 

area, located inland, lies along 

mountains and hills with a north-south 

orientation. 

Drainage 

According to the petitioner, the 

southwest drainage pattern of the 

proposed viticultural area is 

comparatively unique. To the west of 

the proposed boundary line, between 

Santa Agueda Creek and Figueroa 

Mountain Road, the drainage pattern 

trends south-southeast. 

Soils and Geology 

According to the current soil survey, 

the two major soil types in the proposed 

Happy Canyon of Santa Barbara 

viticultural area are related to 

topography (‘‘Soil Survey of Northern 

Santa Barbara Area, California,’’ issued 

by the United States Department of 

Agriculture, Soil Conservation Service, 

1972). 

Alluvial soils are at lower elevations 

and on bottoms of canyons; upland soils 

are at higher elevations of canyons and 

on surrounding peaks and hilltops. 

The petitioner explains that based on 

the current soil survey, the soil 

characteristics of the proposed Happy 

Canyon of Santa Barbara viticultural 

area include green serpentine 

(magnesium silicate hydroxide) parent 

material, elevated levels of 

exchangeable magnesium, lower levels 

of exchangeable sodium, and a high 

cation exchange capacity (CEC). High 

CEC levels, based on the amount of 

positively charged ions in the soils, 


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increase the uptake of nutrients by plant 

roots. 

The proposed viticultural area 

comprises the Shedd-Santa Lucia-Diablo 

and Toomes-Climara associations on 

uplands. The Shedd-Santa Lucia-Diablo 

association consists of strongly sloping 

to very steep, well drained shaly clay 

loams and silty clays. The ToomesClimara association consists of 

moderately steep to very steep, 

somewhat excessively drained and well 

drained clay loams and clays. 

The Chamise-Arnold-Crow Hills 

association is of greater extent in the 

western portion of the Santa Ynez 

Valley viticultural area, west of the 

proposed Happy Canyon of Santa 

Barbara viticultural area. This 

association consists of gently sloping to 

very steep, well drained and somewhat 

excessively drained sands to clay loams 

on high terraces and uplands. 

The petitioner explains that the soils 

in the western portion of the Santa Ynez 

Valley viticultural area, compared to the 

soils in the proposed Happy Canyon of 

Santa Barbara viticultural area, have less 

magnesium, a significantly lower CEC 

level, and higher amounts of 

exchangeable sodium. Although 

drainage patterns change along the 

proposed western boundary line, the 

soils on both sides of the boundary line 

are similar. 

The Positas-Ballard-Santa Ynez soil 

association is scattered throughout 

much of the southern part of the 

proposed Happy Canyon of Santa 

Barbara viticultural area. Sedimentary 

rock, unfavorable for viticulture, is 

predominant along the south side of the 

Santa Ynez River, outside the proposed 

boundary line. 

The petitioner provides the results of 

two soil studies conducted in 

connection with the proposed Happy 

Canyon of Santa Barbara viticultural 

area. The first study details the 

differences in CEC among soils tested at 

sites in the proposed viticultural area 

and in areas immediately southwest and 

further west of the proposed boundary 

line, in the western end of the Santa 

Ynez Valley. The study shows that the 

soils in the proposed viticultural area 

have significantly more magnesium and 

an elevated CEC level as compared to 

the soils in areas beyond the proposed 

boundary line to the southwest and west 

(see table below). The petitioner also 

notes that the levels of calcium and 

sodium in the soils in the Happy 

Canyon are less than half those in the 

soils to the southwest and west. 

CATION EXCHANGE CAPACITY (CEC) IN SOILS WITHIN AND OUTSIDE OF HAPPY CANYON

[meq/100g=milliequivalents of cations absorbed per 100 grams of soil] 

Location Magnesium Calcium Sodium Total CEC in 

meq/100g 

Percent of total CEC 

Westerly Vineyard (in Happy Canyon) ............................................................ 74.1 23.1 0.72 32.0 

Armour Ranch Road and Hwy 154 .................................................................

(1 mile southwest of Happy Canyon) .............................................................. 34.4 60.0 2.0 12.5 

Clos Pepe (in the Sta. Rita Hills viticultural area, in the west end of Santa 

Ynez Valley) ................................................................................................. 26.0 61.0 5.0 11.6

The second study that the petitioner 

provided examines the differences in 

soils in the proposed Happy Canyon of 

Santa Barbara viticultural area and in 

canyons outside the boundary line, as 

far west as Figueroa Mountain Road, 

which is located approximately 4 miles 

away. The study is based on an acreage 

table of the soils on approximately 

35,000 acres within the proposed 

viticultural area and on an equal 

number of acres to the west (see ‘‘Soil 

Survey of Northern Santa Barbara Area, 

California’’). The results of that study 

confirm the differences in total acreage 

and slope of soils in areas on either side 

of the proposed western boundary line 

of the Happy Canyon of Santa Barbara 

viticultural area (see table below). 

DOMINANT SOIL MAP UNITS WITHIN AND OUTSIDE OF HAPPY CANYON

Soil symbol and soil name 

Number of map 

units/percentage 

of survey area 

Percentage slope 

Happy Canyon of Santa Barbara (East of Foothills Adjacent to Santa Agueda Creek) 

DaF—Diablo silty clay ........................................................................................................................... 28/14 30 to 45 percent. 

SrG3—Shedd silty clay loam ................................................................................................................. 23/12 9 to 30 percent. 

SdC—Salinas silty clay loam ................................................................................................................. 11/6 2 to 9 percent. 

ChF—Chamise shaly loam .................................................................................................................... 11/6 15 to 45 percent. 

SrG—Shedd silty clay loam ................................................................................................................... 11/6 9 to 30 percent. 

Figueroa Area (West of Foothills and Santa Agueda Creek to Figueroa Mountain Road) 

PtC—Positas fine sandy loam ............................................................................................................... 25/17 2 to 9 percent. 

ChF—Chamise shaly loam .................................................................................................................... 22/15 15 to 45 percent. 

PtD—Positas fine sandy loam ............................................................................................................... 13/9 9 to 15 percent. 

CkF—Chamise clay loam ...................................................................................................................... 11/8 30 to 45 percent. 

SnC—Santa Ynez Gravelly fine sandy loam ........................................................................................ 11/8 9 to 15 percent. 


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According to the petitioner, the 

results of the soil study above show a 

unique geological pattern that justifies 

placing the western portion of the 

proposed boundary line in the vicinity 

of the Santa Agueda and Figueroa 

Creeks. The results also show that the 

Happy Canyon area comprises a group 

of soils different from those found to the 

west. 

TTB Determination 

TTB concludes that this petition to 

establish the 23,941-acre ‘‘Happy 

Canyon of Santa Barbara’’ American 

viticultural area merits consideration 

and public comment as invited in this 

notice. 

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, ‘‘Happy Canyon of Santa 

Barbara,’’ will be recognized as a name 

of viticultural significance under 27 

CFR 4.39(i)(3). The text of the proposed 

regulation clarifies this point. 

Consequently, wine bottlers using 

‘‘Happy Canyon of Santa Barbara’’ 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. 

On the other hand, we do not believe 

that any single part of the proposed 

viticultural area name standing alone, 

such as ‘‘Happy Canyon,’’ would have 

viticultural significance if the new area 

is established. According to GNIS, the 

‘‘Happy Canyon’’ refers to 10 locations 

in 6 States within the United States. 

TTB believes that a determination of 

‘‘Happy Canyon’’ as a term of 

viticultural significance would lead to 

consumer and industry confusion and 

should be avoided. Accordingly, the 

proposed part 9 regulatory text set forth 

in this document specifies only the full 

‘‘Happy Canyon of Santa Barbara’’ name 

as a term of viticultural significance for 

purposes of part 4 of the TTB 

regulations. 

For a wine to be eligible to use a 

viticultural area name as an appellation 

of origin or a term of viticultural 

significance in a brand name, at least 85 

percent of the wine must be derived 

from grapes grown within the area 

represented by that name or term, and 

the wine must meet the other conditions 

listed in 27 CFR 4.25(e)(3). If the wine 

is not eligible to use the viticultural area 

name as an appellation of origin and 

that name or other term of viticultural 

significance 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 term of viticultural significance 

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 previously 

approved label uses the name ‘‘Happy 

Canyon of Santa Barbara’’ for a wine 

that does not meet the 85 percent 

standard, the previously approved label 

will be subject to revocation upon the 

effective date of the approval of the 

Happy Canyon of Santa Barbara 

viticultural area. 

Different rules apply if a wine has a 

brand name containing a viticultural 

area name or other term of viticultural 

significance that was used as a brand 

name on a label approved before July 7, 

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

Public Participation 

Comments Invited 

We invite comments from interested 

members of the public on whether we 

should establish the proposed 

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. We are also particularly 

interested in any comments on whether 

the evidence regarding name and 

distinguishing features is sufficient to 

warrant the establishment of this new 

viticultural area within the existing 

Santa Ynez Valley and the larger Central 

Coast viticultural areas. Please provide 

any available specific information in 

support of your comments. 

Because of the potential impact of the 

establishment of the proposed Happy 

Canyon of Santa Barbara viticultural 

area on wine labels that include the 

words ‘‘Happy Canyon of Santa 

Barbara’’ as discussed above under 

‘‘Impact on Current Wine Labels,’’ we 

also are particularly interested in 

comments regarding whether there will 

be a conflict between the proposed 

viticulturally significant terms and 

currently used brand names. If a 

commenter believes that a conflict will 

arise, the comment should describe the 

nature of that conflict, including any 

anticipated negative economic impact 

that approval of the proposed 

viticultural area will have on an existing 

viticultural enterprise. We are also 

interested in receiving suggestions for 

ways to avoid conflicts, for example by 

adopting a modified or different name 

for the viticultural area. 

Submitting Comments 

You may submit comments on this 

notice by using one of the following two 

methods: 

• Federal e-Rulemaking Portal: You 

may send comments via the online 

comment form posted with this notice 

within Docket No. TTB–2008–0008 on 

‘‘Regulations.gov,’’ the Federal erulemaking portal, at http:// 

www.regulations.gov. A direct link to 

that docket is available under Notice 

No. 89 on the TTB Web site at http:// 

www.ttb.gov/wine/wine_

rulemaking.shtml. Supplemental files 

may be attached to comments submitted 

via Regulations.gov. For complete 

instructions on how to use 

Regulations.gov, visit the site and click 

on ‘‘User Guide’’ under ‘‘How to Use 

this Site.’’

• U.S. Mail: You may send comments 

via postal mail to the Director, 

Regulations and Rulings Division, 

Alcohol and Tobacco Tax and Trade 

Bureau, P.O. Box 14412, Washington, 

DC 20044–4412. 

Please submit your comments by the 

closing date shown above in this notice. 

Your comments must reference Notice 

No. 89 and include your name and 

mailing address. Your comments also 

must be made in English, be legible, and 

be written in language acceptable for 

public disclosure. We do not 

acknowledge receipt of comments, and 

we consider all comments as originals. 

If you are commenting on behalf of an 

association, business, or other entity, 

your comment must include the entity’s 

name as well as your name and position 

title. If you comment via 

Regulations.gov, please enter the 

entity’s name in the ‘‘Organization’’

blank of the online comment form. If 

you comment via postal mail, please 

submit your entity’s comment on 

letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46835 

Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

Public Disclosure 

We will post, and you may view, 

copies of this notice, selected 

supporting materials, and any online or 

mailed comments we receive about this 

proposal within Docket No. TTB–2008–

0008 on the Federal e-rulemaking 

portal, Regulations.gov, at http:// 

www.regulations.gov. A direct link to 

that docket is available on the TTB Web 

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

wine_rulemaking.shtml under Notice 

No. 89. You may also reach the relevant 

docket through the Regulations.gov 

search page at http:// 

www.regulations.gov. For instructions 

on how to use Regulations.gov, visit the 

site and click on ‘‘User Guide’’ under 

‘‘How to Use this Site.’’

All posted comments will display the 

commenter’s name, organization (if 

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

mailed comments, all address 

information, including e-mail addresses. 

We may omit voluminous attachments 

or material that we consider unsuitable 

for posting. 

You also may view copies of this 

notice, all related petitions, maps and 

other supporting materials, and any 

electronic or mailed comments we 

receive about this proposal by 

appointment at the TTB Information 

Resource Center, 1310 G Street, NW., 

Washington, DC 20220. You may also 

obtain copies at 20 cents per 8.5- x 11- 

inch page. Contact our information 

specialist at the above address or by 

telephone at 202–927–2400 to schedule 

an appointment or to request copies of 

comments or other materials. 

Regulatory Flexibility Act 

We certify that this proposed 

regulation, if adopted, would not have 

a significant economic impact on a 

substantial number of small entities. 

The proposed regulation imposes no 

new reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name would be the result of a 

proprietor’s efforts and consumer 

acceptance of wines from that area. 

Therefore, no regulatory flexibility 

analysis is required. 

Executive Order 12866 

This proposed rule is not a significant 

regulatory action as defined by 

Executive Order 12866. Therefore, it 

requires no regulatory assessment. 

Drafting Information 

N.A. Sutton of the Regulations and 

Rulings Division drafted this notice. 

List of Subjects in 27 CFR Part 9 

Wine. 

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, we propose to 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. 

2. Subpart C is amended by adding 

§ 9.___to read as follows: 

Subpart C—Approved American 

Viticultural Areas 

§ 9.___ Happy Canyon of Santa Barbara. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Happy 

Canyon of Santa Barbara’’. For purposes 

of part 4 of this chapter, ‘‘Happy Canyon 

of Santa Barbara’’ is a term of 

viticultural significance. 

(b) Approved maps. The four United 

States Geological Survey 1:24,000 scale 

topographic maps used to determine the 

boundary of the Happy Canyon of Santa 

Barbara viticultural area are titled: 

(1) Los Olivos, CA, 1995; 

(2) Figueroa Mountain, CA, 1995; 

(3) Lake Cachuma, CA, 1995; and 

(4) Santa Ynez, CA, 1995. 

(c) Boundary. The Happy Canyon of 

Santa Barbara viticultural area is located 

in Santa Barbara County, California. The 

boundary of the Happy Canyon of Santa 

Barbara viticultural area is as described 

below: 

(1) The beginning point is on the Los 

Olivos map at the intersection of the 

Santa Lucia Ranger District diagonal 

line and Figueroa Mountain Road, a 

light-duty road, section 27, T8N, R30W. 

From the beginning point, proceed 

southeast along the Santa Lucia Ranger 

District diagonal line, crossing onto the 

Figueroa Mountain map, and continuing 

east to its intersection with the 

northwest corner of section 6, T7N, 

R29W; then 

(2) Proceed straight south along the 

R29W and R30W line, which is a 

boundary line of the Los Padres 

National Forest, to its intersection with 

the southwest corner of section 18 that 

coincides with one of the two 90-degree, 

southwest corners of the Los Padres 

National Forest, T7N, R29W; then 

(3) Proceed east, south, and then east, 

along the boundary line of the Los 

Padres National Forest, to its 

intersection with the boundary line of 

the Can ̃ ada de Los Pinos, or College 

Rancho Grant, at the northwest corner of 

section 28, T7N, R29W; then 

(4) Proceed straight south along the 

boundary line of the Can ̃ ada de Los 

Pinos, or College Rancho Grant, crossing 

onto the Lake Cachuma map, to its 

intersection with the 1,074-foot Bitt 

elevation point and the Lake Cachuma 

Recreation Area boundary line, section 

17 east boundary line, T6N, R29W; then 

(5) Proceed generally southwest along 

the Lake Cachuma Recreation Area 

boundary line to its intersection with 

the Santa Ynez River to the west of Lake 

Cachuma and Bradbury Dam, T6N, 

R30W; then 

(6) Proceed generally west along the 

Santa Ynez River, crossing onto the 

Santa Ynez map, and continuing to its 

intersection with California State Road 

154, northwest of BM 533, T6N, R30W; 

then 

(7) Proceed north-northwest in a 

straight line 1.2 miles to its intersection 

with the marked 924-foot elevation 

point, T6N, R30W; then 

(8) Proceed north-northwest in a 

straight line 1.2 miles to its intersection 

with the ‘‘Y’’ in an unimproved road 0.1 

mile south of the 800-foot elevation line, 

west of Happy Canyon Road, T6N, 

R30W; then 

(9) Proceed north-northwest in a 

straight line for 0.5 mile, crossing onto 

the Los Olivos map, and continuing to 

its intersection with the marked 1,324- 

foot elevation point, 0.5 mile southwest 

of Bar G O Ranch, T7N, R30W; then 

(10) Proceed north-northwest in a 

straight line for 2.5 miles crossing over 

the marked 1,432-foot elevation point in 

section 9, then continue in a straight 

line northerly 1.4 miles to its 

intersection with the marked 1,721-foot 

elevation point in section 4, T7N, 

R30W; then 

(11) Proceed north in a straight line 

1.4 miles to its intersection with the 

marked 2,334-foot elevation point, west 

of a meandering unimproved road and 

south of Figueroa Mountain Road, T8N, 

R30W; then 

(12) Proceed east-northeast in a 

straight line, returning to the beginning 

point. 

Signed: June 9, 2008. 

John J. Manfreda, 

Administrator. 

[FR Doc. E8–18536 Filed 8–11–08; 8:45 am] 

BILLING CODE 4810–31–P 


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