[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29476-29480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13645]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[T.D. ATF 454; Ref: Notice No. 866]
RIN 1512-AA07
Establishment of Santa Rita Hills Viticultural Area (98R-129 P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This final rule establishes a viticultural area located in
Santa Barbara County, California, to be known as ``Santa Rita Hills.''
The proposed area occupies more than 48 square miles. This action is
being taken as a result of a petition from viticulturists and vintners
of the proposed area under the direction of J. Richard Sanford (Sanford
Winery), Bryan Babcock (Babcock Vineyards and Winery), and Wesley D.
Hagen (Vineyard Manager of Clos Pepe Vineyards).
The establishment of viticultural areas and the subsequent use of
viticultural area names as appellations of origin in wine labeling and
advertising allow wineries to designate the specific areas where the
grapes used to make the wine are grown and enable consumers to better
identify the wines they purchase.
EFFECTIVE DATE: July 30, 2001.
FOR FURTHER INFORMATION CONTACT: Joyce A. Drake, ATF Specialist,
Regulations Division, Bureau of Alcohol, Tobacco and Firearms, 650
Massachusetts Avenue, NW., Washington, DC 20091-0221 (202)-927-8210.
SUPPLEMENTARY INFORMATION:
Background
On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR
37672, 54624) revising regulations in 27 CFR part 4. These regulations
allow the establishment of defined viticultural areas. The regulations
also allow the name of an approved viticultural area to be used as an
appellation of origin in the labeling and advertising of wine.
On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR
56692) which added a new part 9 to 27 CFR, providing for the listing of
approved American viticultural areas. Section 4.25a(e)(1), Title 27,
CFR, defines an American Viticultural Area (AVA) as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in subpart C of part 9.
Section 4.25a(e)(2) outlines the procedure for proposing an AVA. Any
interested person may petition ATF to establish a grape-growing region
as a viticultural area. The petition should include:
(a) Evidence that the name of the proposed viticultural area is
locally and/or nationally known as referring to the area specified in
the petition;
(b) Historical or current evidence that the boundaries of the
viticultural area are as specified in the petition;
(c) Evidence relating to the geographical features (climate, soil,
elevation, physical features, etc.) which distinguish the viticultural
features of the proposed area from surrounding areas;
(d) A description of the specific boundaries of the viticultural
area, based on features which can be found on United States Geological
Survey (U.S.G.S.) maps of the largest applicable scale; and
(e) A copy (or copies) of the appropriate U.S.G.S. map(s) with the
boundaries prominently marked.
Petition
ATF received a petition under the direction of J. Richard Sanford
(Sanford Winery) which was written by Wesley D. Hagen (Vineyard Manager
of Clos Pepe Vineyards), on behalf of viticulturists and vintners
working in Santa Barbara County, California. The petition, which was
signed by 22 people, 14 of whom are local wine grape growers, proposed
to establish a viticultural area surrounded by but separate from the
Santa Ynez Valley AVA of California to be known as ``Santa Rita
Hills.'' The boundary of the viticultural area encloses an estimated
area slightly greater than forty-eight (48) square miles and contains
approximately 500 acres of planted varietal winegrapes. Currently two
(2) wineries and seventeen (17) vineyards exist within the Santa Rita
Hills area. Two additional vineyards are being developed.
Comments
On September 11, 1998, ATF published a notice of proposed
rulemaking, Notice 866, in the Federal Register, soliciting comments on
the proposed vitucultural area.
Analysis of Comments
ATF received a total of 35 comments concerning this petition.
Eleven letters of support from various persons familiar with the
proposed AVA were submitted with the petition. These letters of support
included industry ``experts,'' vintners, consultants, local politicians
(such as the Chair for the Santa Barbara County Board of Supervisors
and the Mayor of the city of Lompoc), and viticulturists. Seven of the
eleven comments were from persons who had also signed the petition. All
11 comments attested to the uniqueness of the area, its distinctive
characteristics (geological, geographic, and climatic) and the local
recognition of the area by the proposed name.
ATF received 24 comments that opposed the establishment of the
Santa Rita Hills AVA. Most of these commenters were foreign/
international importers and distributors. The opposition in each
response revolved around the similarity of the proposed name to an
already established ``Santa Rita'' brand of wine from Chile.
All Commenters Opposing the Establishment of the ``Santa Rita Hills''
Viticultural Area Presented the Following To Support Their Contention
That the Petition To Establish the Santa Rita Hills Viticultural Area
Should Be Denied
There is already a well known and established ``Santa Rita''
vineyard and winery located in Chile, Vina Santa Rita, which was
founded in 1880 and is known worldwide. Vina Santa Rita is a public
company whose shares are traded on the Santiago Stock Exchange. This
``Santa Rita'' winery is the second largest winery in Chile, with
consumer brand recognition in the Chilean wine industry. Large sums of
money have been invested by both the ``Santa Rita'' winery in Chile and
various importers and distributors worldwide to advertise and promote
the ``Santa Rita'' (Chile) brand.
The opposing commenters contend that the establishment of a ``Santa
Rita Hills'' viticultural area would confuse
[[Page 29477]]
wine consumers who already associate the name ``Santa Rita'' with the
Chilean wine. One commenter stated that, since the names are
phonetically identical (sans the last word ``Hills''), a product
labeled of a ``Santa Rita Hills'' appellation may be seen as a variety
of the Chilean ``Santa Rita'' as the Chilean ``Santa Rita'' is
surrounded by hills and mountains. Also, since both names would refer
to the same product (wine), the likelihood of consumer confusion would
increase.
The opponents believe Chile's ``Santa Rita'' owns a U.S. trademark
and, therefore, the establishment of the ``Santa Rita Hills''
viticultural area would result in an infringement of the ``Santa Rita''
registered mark under the Lanham Act.
The opponents' view is that the establishment of a ``Santa Rita
Hills'' AVA would violate the U.S. obligations under the Paris
Convention and General Agreement on Tariffs and Trade (GATT), including
Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Arguments Supporting the Establishment of the ``Santa Rita Hills''
Viticultural Area
The name ``Santa Rita Hills'' is locally and/or nationally known as
referring to the specified area through maps, land records, reports,
and various texts. These records show the Santa Rita area dating back
to 1845 (35 years prior to the founding of the Santa Rita winery in
Chile). The Californian Santa Rita title was accredited and confirmed
in the U.S. Patent Book ``A'' on June 25, 1875.
The ``Santa Rita'' name is also used, and ATF approved, as a brand
name on other wines not from Chile. According to documents found in
ATF's label files, the ``Santa Rita'' name has been used on wines from
Italy and the United States. This includes the use of the name ``Santa
Rita'' on wines from Longoria, a winery in the Santa Rita Hills area
whose proprietor, Richard Longoria, submitted a letter of support as
well.
Wines from the ``Santa Rita Hills'' area have been recognized
viticulturally and enologically as distinct by world-renowned writers
and mentioned as such in wine literature. Supporting documentation
shows that the area has a cool climate and soils more conducive to
growing ``Region One'' cool-climate grape varietals whereas the
surrounding Santa Ynez Valley AVA provides a warmer climate and soils
for ``Region Two'' grape growing varietals. This distinction results in
different wine varietals from each region.
The region of Santa Rita Hills is recognized viticulturally and
enologically for producing world class cool-climate grapes such as
Pinot Noir and Chardonnay, because of the unique climatic and
geographical influences of the area.
Discussion
Evidence of Name
ATF is satisfied that the petitioner provided evidence that the
name ``Santa Rita Hills'' is locally known as referring to the area
specified in the petition. In the exhibits and maps furnished with the
petition, there are numerous references to both ``Santa Rita'' and
``Santa Rita Hills.''
Evidence submitted with the petition relating to name includes:
(a) The U.S.G.S. Lompoc, Lompoc Hills, Los Alamos, and Santa Rosa
Quadrangle maps used to show the boundaries of the proposed area use
the name ``Santa Rita Hills'' to identify the area.
(b) The U.S.G.S. Water-Resources Investigations Report 970-4056
(Evaluation of Ground Water Flow and Solute Transport in the Lompoc
Area, Santa Barbara County, California) discusses the ``Santa Rita
Upland Basin.'' The report indicates that ``Santa Rita'' is a
recognized geological, geographical, and hydrological appellation in
Santa Barbara County, California.
(c) An excerpt, ``From the Missions to Prohibition,'' in the
publication Aged in Oak: The Story of the Santa Barbara County Wine
Industry (1998), provided by the petitioner shows the vineyards and
wineries in Santa Barbara County prior to 1900 include the name ``Santa
Rita.''
(d) The text provided by the petitioner from History of Santa
Barbara County (1939) states, ``Following the secularization of the
Mission La Purisma, the rest of the valley was broken up into seven
great ranchos granted to private owners. They were Santa Rosa, Santa
Rita, Salsipuedes, La Purisima, Mission Vieja, Lompoc and a portion of
the Jesus Maria.'' (Italics added for emphasis.)
The Land Records of Santa Barbara County from the U.S.G.S.
furnished by the petitioner show the Santa Rita area dating back to
1845. According to this information, Santa Rita was established as a
recognized political and geographical region when a land grant for
Santa Rita was made to Jose Ramon Malo from Spanish governor Pio Pico
on April 12, 1845. The title was accredited to Jose Ramon Malo on June
25, 1875 by President Ulysses S. Grant as confirmed in the U.S. Patent
Book A. (Pertinent pages are shown as exhibits to the petition.) The
patent issued included 13,316 acres within the boundary of the Santa
Rita Land Grant.
The names ``Santa Rita'' and ``Santa Rita Hills'' are both well
documented in the petition and are both supported by written comments
evidencing local recognition of the name as referring to the area
specified in the petition. ATF finds that the name ``Santa Rita Hills''
is appropriate to identify the viticultural area based upon evidence
submitted with the petition, including commenters' support of the name
``Santa Rita Hills'' to describe the viticultural area and U.S.G.S maps
identifying the area as ``Santa Rita Hills''.
As to potential confusion between a product labeled with a ``Santa
Rita Hills'' AVA and wines labeled with the name ``Santa Rita,'' a
similar issue was raised when ATF was presented with a petition to
establish a ``Madera'' AVA back in 1984. Some commenters to the
petition, including the Portuguese Embassy, objected to the appellation
of ``Madera'' due to possible confusion with the Portuguese island of
Madeira which had produced world famous wine for over 500 years. The
commenters were concerned that the use of the appellation''Madera''
would cause possible confusion with Madeira wine (a class and type of
dessert wine). ATF had previously recognized Madeira as a class and
type of wine and as a semi-generic wine designation with geographical
significance. When used as a class and type designation, Madeira had to
be qualified with an appellation of origin if the wine was not from the
island of Madeira.
Although ATF recognized the similarity in the names ``Madera'' and
``Madeira,'' ATF ruled in favor of the petitioner. All evidence showed
that the proposed AVA was locally and nationally known as ``Madera''
thus meeting the requirement in 27 CFR 4.25a(e)(2)(I). In addition, ATF
did not see any consumer confusion between ``Madera'' and ``Madeira''
wine when ``Madera'' was used as an appellation of origin on domestic
wines.
In the present case, while ATF also recognizes the similarity
between the name of the viticultural area ``Santa Rita Hills'' and the
name ``Santa Rita'' in Chile, ATF is satisfied that the petition meets
all of the requirements of 27 CFR 4.25a. Evidence submitted with the
petition amply supports the local recognition of the name ``Santa Rita
Hills.'' In addition, ATF does not foresee a likelihood of consumer
confusion between the ``Santa Rita Hills'' AVA and other geographic
areas of the same name. Numerous labels
[[Page 29478]]
bearing the name ``Santa Rita'' in one form or another have already
been approved (from the United States, Chile, and Italy) dating from
1980, and ATF is aware of no reported consumer confusion as to the
respective products' origins.
As to objections to the use of the name ``Santa Rita Hills'' based
upon potential violations of the Lanham Act and insofar as it
implements U.S. obligations on trademarks under the Paris Convention,
GATT, and TRIPS, these issues are matters of private dispute that do
not restrict ATF's authority to establish a viticultural area under the
Federal Alcohol Administration Act (``FAA Act''), 27 U.S.C. 205(e).
Lanham Act
It is ATF's position that the rights granted by registered
trademarks under the Lanham Act do not foreclose the right to use the
same or similar names on an alcohol beverage label under the FAA Act.
In determining whether to establish a viticultural area of a particular
name that is identical or similar to a trademarked name, ATF considers
whether the criteria set forth in section 4.25a are met, whether the
rulemaking record supports the use of the name for the designated area,
and whether the use of such name would be deceptive or likely to create
a misleading impression as to the product's origin. The existence of a
trademark is one factor in determining whether the use of a particular
name is misleading to consumers.
In the case of the name ``Santa Rita Hills,'' ATF finds that
Federal registration of the term ``Santa Rita'' under the Lanham Act
does not limit ATF's authority to establish a viticultural area known
as ``Santa Rita Hills.'' First, as previously indicated, the petition
satisfies the requirements of 27 CFR 4.25a. Second, no evidence in the
rulemaking record or otherwise based on our experience in administering
and enforcing the use of viticultural area designations, indicates that
the name ``Santa Rita Hills'' would be misleading under the standard of
the Federal Alcohol Administration Act, 27 U.S.C. 205(e)(1). As
previously stated, numerous labels bearing the name ``Santa Rita'' in
one form or another have already been approved (from the United States,
Chile, and Italy) and there has been no evidence or other indication
that establishes that consumers are confused as to the respective
products' origins.
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 would, in the case of a product with a
``Santa Rita Hills'' appellation, signal to consumers that the product
is domestically produced rather than Chilean in origin. The fact
imported products are also required by Customs regulations to state the
words ``Product of __'' 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 ``Santa Rita Hills''
wine and a product of Santa Rita in Chile or any other place.
Finally, under trademark law, the mere existence of a trademark
does not necessarily preclude others from indicating the geographic
origin of their products where the name is used in a descriptive sense
rather than a trademark sense. In the case of a ``Santa Rita Hills''
viticultural area, the name would be used on a label in a descriptive
sense, to describe the product's appellation under the FAA Act.
ATF has determined that, under the ``misleading'' standard of the
FAA Act, the use of the name ``Santa Rita Hills'' for this viticultural
area is not likely to mislead the consumer. However, to the extent that
a trademark holder believes that the depiction of a viticultural area
name that contains all or part of a trademark results in an
infringement, then that holder may pursue an infringement action to
prevent and restrain the use of that viticultural area name by a winery
on a wine label. The holder of the trademark would have to establish
the likelihood of confusion based on the standard in the Lanham Act and
the circumstances surrounding the presentation of the viticultural area
name on the label. In cases where the trademark holder succeeds in
establishing an infringement, then the ability to enjoin the continued
use of that name by the winery ensures that the first in time right and
exclusivity of rights of the trademark holder are protected. It must be
noted that, in approving the name Santa Rita Hills for this
viticultural area, ATF is not making any determination on whether the
use of this name constitutes an infringement under the Lanham Act.
It should be emphasized that the Santa Rita winery in Chile will
not necessarily be precluded from using the designation ``Santa Rita''
as a brand name on wine labels following issuance of this regulation.
Pursuant to 27 CFR 4.39(i), a brand name of geographical significance
may be used if it previously appeared on labels approved prior to July
7, 1986, and if the wine is also labeled with an appellation of origin
(or some other statement which the Director finds to be sufficient to
dispel the brand name's geographic connotation). Thus, the name ``Santa
Rita'' may be used as a brand name where the wine meets the appellation
requirements of the regulations and is labeled in a way that satisfies
the regulatory requirements. As always, all labels are reviewed on a
case-by-case basis to determine whether any particular label is likely
to mislead consumers, including as to the origin of the product.
Finally, the comments raise questions about the application of the
Paris Convention and the Agreement on Trade Related Aspects of
Intellectual Property. Trademark rights mandated by these international
obligations are implemented under the Lanham Act. Accordingly, any
private rights in this area are available for pursuit as provided for
by that Act.
In consideration of the above, ATF is adopting the name ``Santa
Rita Hills'' in this final rule. ATF finds that the name ``Santa Rita
Hills'' is appropriate to identify the viticultural area based upon all
of the evidence in the petition and comments.
Evidence of Boundaries
The ``Santa Rita Hills'' AVA is located in Northern Santa Barbara
County, California, east of Lompoc (U.S. Highway 1) and west of
Buellton (U.S. Highway 101). Precise boundaries can be found on the
five (5) U.S.G.S. Quadrangle maps (7.5 minute series originally dated
1959) submitted with the petition. On these maps, the Santa Rita Hills
are the dominant central features of the area with its transverse
(east/west) maritime throat stretching from Lompoc to a few miles west
of the Buellton Flats. The Santa Rosa Hills to the south and the
Purisima Hills to the north isolate the proposed area geographically
and climatically.
Again, the U.S.G.S. Water-Resources Investigations Report 970-4056
describes the Santa Rita Upland Basin as being ``in hydrologic
continuity with the Lompoc Plain, Lompoc Upland and Buellton Upland
basins, but separated from the Santa Ynez River alluvium by non-water-
bearing rocks.'' It goes on to state, ``[a]n ongoing U.S.G.S. study
treats the Santa Rita Valley as a separate unit * * *'' and ``* * * the
eastern surface drainage divide between Santa Rita and Lompoc basins
was used as a ground-water divide by the U.S.G.S.''
[[Page 29479]]
Climate
The climatic features of the viticultural area and thus the
varietals grown therein, set it apart from the Santa Ynez Valley AVA,
which borders the viticultural area. The Santa Ynez Valley area east of
U.S. Highway 101 is characterized by higher temperatures than the
``Santa Rita Hills'' AVA to the west, which has a cool climate and is
thus more conducive to growing ``Region One'' cool-climate winegrape
varietals. By contrast, the eastern area of the Santa Ynez Valley, a
``Region Two'' growing area, provides a warmer climate and is well
known for the production of varietal winegrapes such as Cabernet
Sauvignon, Cabernet Franc, Merlot, Sauvignon Blanc, Mourvedre, and
other varietals that require a significantly higher temperature (degree
days) for adequate ripening. The ``Santa Rita Hills'' AVA, to the west
of U.S. Highway 101, is better known for varietals such as Chardonnay
and Pinot Noir, which are the predominant winegrapes there. In
addition, ambient temperature and evapotranspiration rates during
veraison and ripening are disparate for the two adjacent viticultural
locales. The average post-veraison ripening temperature is 14.7 deg. F
hotter within the Santa Ynez Valley AVA than in the ``Santa Rita
Hills'' AVA to the west. Similarly, the heating degree day differential
(with the base of 50 deg. F) between the two areas is 61 heating degree
days, indicating an annual 92 heating degree days in the western Lompoc
boundary and an annual 153 heating degree days in the eastern Cachuma
Lake boundary. These temperature differences are the result of a unique
set of topographical, geological and climatic influences, particularly
coastal in origin.
The ``Santa Rita Hills'' AVA is situated within the clearly defined
east/west transverse maritime throat, and thus is susceptible to the
ocean's cooling influence. This enables diurnal ocean breezes direct
access to the coastal valleys between the Purisima Hills and the Santa
Rosa Hills, which house the AVA. The coastal influence is not nearly as
pronounced in the Santa Ynez Valley east of U.S. Highway 101 and the
Buellton Flats. In addition, the proximity of the AVA to the Pacific
Ocean fills the hills and valleys of the ``Santa Rita Hills'' AVA in
the late night and early morning hours with coastal fog. This
intensifies the cool-climate influence on varietal winegrape production
between the geological boundaries of the Purisima Hills and the Santa
Rosa Hills.
Soil
The soils of the Santa Rita Hills are broken down from an array of
geological parent material, with the most common types being loams,
sandy loams, silt loams, and clay loams. These soils are based on large
percentages of dune sand, marine deposits, recent alluvium, river wash,
and terrace deposits, which are shown on maps provided in the exhibits
of the petition. Soil samples collected from selected sites within the
``Santa Rita Hills'' AVA and the adjacent Santa Ynez Valley AVA show a
distinct difference resulting from a high percentage of alluvial and
marine sand within the Santa Rita Hills area. While the soil samples
from the ``Santa Rita Hills'' AVA show higher percentages of sand, silt
and sandy loams, the soil samples from the eastern Santa Ynez Valley
show a higher percentage of gravelly and clay loams. Also, soil
analysis test results from several vineyards in the proposed ``Santa
Rita Hills'' AVA conducted by various labs in the area support the
distinct soil data claims.
Topography
The topography of the ``Santa Rita Hills'' AVA is distinct and
isolated from the rest of the Pacific Coast, the Central Coast, and the
Santa Ynez Valley east of U.S. Highway 101 and the Buellton Flats. The
AVA is demarcated by the east-west ranges of the Purisma Hills on the
north and the Santa Rosa Hills on the south, framing Santa Rita Hills.
When surveying the land within Santa Rita Hills to determine what
locales would be the outer ``edges,'' the petitioner states the
following was taken into account: viticultural viability (primarily
hillside and alluvial basin plantings) and the coastal influence
suitable for cool-climate still winegrape production. The actual
topography of the ``Santa Rita Hills'' AVA is an oak-studded, hill-
laden maritime throat that runs east to west, a few miles east of
Lompoc to a few miles west of Buellton Flats. The coastal influence
enters from the west, through Lompoc, and abruptly loses its influence
at the eastern boundary, as demarcated on the enclosed U.S.G.S. maps.
Elevations within the proposed boundary range from near sea-level to
ridge-line 1800 feet above sea level.
ATF believes that the above statements relating to climate, soil,
and topography are supported by the petition and distinguish the
geographical features of the viticultural area from surrounding areas.
Accordingly, ATF is establishing the ``Santa Rita Hills'' AVA as
described below.
Boundary
The boundary of the ``Santa Rita Hills'' AVA may be found on the
five (5) 1:24:000 scale U.S.G.S. Quadrangle 7.5-Minute Series maps
included with the petition. The boundary is described in Sec. 9.162.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(j)) and its implementing regulations, 5 CFR part 1320, do not
apply to this Treasury Decision because no requirement to collect
information is imposed.
Regulatory Flexibility Act
It is hereby certified that this regulation will not have a
significant economic impact on a substantial number of small entities.
Any benefit derived from the use of a viticultural area name is the
result of the proprietor's own efforts and consumer acceptance of wines
from a particular area. No new requirements are imposed. Accordingly, a
regulatory flexibility analysis is not required.
Executive Order 12866
It has been determined that this regulation is not a significant
regulatory action as defined in Executive Order 12866. Accordingly,
this regulation is not subject to the analysis required by this
Executive Order.
Drafting Information
The author of this document is Joyce A. Drake, Regulations
Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 9
Administrative practices and procedures, Consumer protection,
Viticultural areas, and Wine.
Authority and Issuance
Title 27, Code of Federal Regulations, Part 9, American
Viticultural Areas, is amended as follows:
PART 9--AMERICAN VITICULTURAL AREAS
Paragraph 1. The authority citation for Part 9 continues to read as
follows:
Authority: 27 U.S.C. 205.
Par. 2. Subpart C is amended by adding Sec. 9.162 to read as
follows:
* * * * *
[[Page 29480]]
Subpart C--Approved American Viticultural Areas
Sec. 9.162 Santa Rita Hills.
(a) Name. The name of the viticultural area described in this
section is ``Santa Rita Hills.''
(b) Approved maps. The appropriate maps for determining the
boundary of the Santa Rita Hills viticultural area are five (5)
U.S.G.S. Quadrangle 7.5 Minute Series maps titled:
(1) ``Lompoc, Calif.,'' edition of 1959 (photorevised in 1982).
(2) ``Lompoc Hills, Calif.,'' edition of 1959 (photoinspected
1971).
(3) ``Los Alamos, Calif.,'' edition of 1959.
(4) ``Santa Rosa Hills, Calif.,'' edition of 1959 (photoinspected
1978).
(5) ``Solvang, Calif.,'' edition of 1959 (photorevised 1982).
(c) Boundary. The ``Santa Rita Hills'' viticultural area is located
within Santa Barbara County, California. The boundary is as follows:
(1) The beginning point is found on the Solvang, California
U.S.G.S. Quadrangle map at an unnamed hilltop, elevation 1600 feet, in
section 27, T.6N, R. 32W, on the Solvang, Calif., Quadrangle U.S.G.S.
map.
(2) Then proceed north and slightly west 2.3 miles to an unnamed
hilltop elevation 1174 feet, Section 15, T.6N., R. 32W.
(3) Proceed west and slightly north 1.85 miles to an unnamed
hilltop elevation 899 feet within the heart of the Santa Rosa Land
Grant, T.7N., R. 32W, on the Santa Rosa Hills, Calif., Quadrangle
U.S.G.S. map.
(4) Proceed north approximately 2 miles to an unnamed hilltop
elevation 1063 feet within the northeastern part of the Santa Rosa Land
Grant, T.7N, R. 32W, on the Los Alamos, Calif., Quadrangle U.S.G.S.
map.
(5) Proceed northwest 1.1 miles to an unnamed hilltop elevation 961
feet. Section 29, T.7N., R. 32W.
(6) Proceed north and slightly east 1.1 miles to an unnamed
elevation 1443 feet. Section 20, T. 7N., R. 32W.
(7) Proceed west 1.4 miles to an unnamed hilltop elevation 1479
feet. Section 24, T.7N., R. 33W.
(8) Proceed north 1.2 miles to an unnamed hilltop elevation 1705
feet. Section 13, T.7N., R. 33W.
(9) Proceed northwest approximately 2 miles to an unnamed hilltop
elevation 1543. Section 10, T.7N., R. 33W.
(10) Proceed west and slightly south 1.6 miles to an unnamed
hilltop elevation 935 feet within the northern section of the Santa
Rosa Land Grant. T.7N., R. 33W.
(11) Proceed south by southwest 1.5 miles to an unnamed hilltop
elevation 605 feet in the northern section of the Santa Rosa Land
Grant. T.7N., R. 33W.
(12) Proceed west by southwest approximately 2 miles to the point
where California Highway 246 intersects with the 200-foot elevation
contour line comprising the western border of the Santa Rita Hills,
within the Santa Rosa Land Grant. T.7N., R. 34W, on the Lompoc, Calif.,
Quadrangle U.S.G.S. map.
(13) Proceed following the 200 foot elevation contour line south
along the western border of the Santa Rita Hills to the extreme
southern tip of the 200 foot elevation contour that is .6 miles due
west of an unnamed hilltop 361 feet in elevation in the Canada de
Salispuedes Land Grant. T.6N., R. 34W.
(14) Proceed southeast 2.35 miles to an unnamed hilltop elevation
1070 feet. Section 18, T.6N., R. 33W, on the Lompoc Hills, Calif.,
Quadrangle U.S.G.S. map.
(15) Proceed east and slightly south 1.95 miles to an unnamed
hilltop elevation 921 feet. Section 16, T.6N., R. 33W, on the Santa
Rosa Hills, Calif., Quadrangle U.S.G.S. map.
(16) Proceed east by southeast 1.35 miles to an unnamed hilltop
elevation 1307 feet at intersection between Sections 22 and 23. T.6N.,
R. 33W.
(17) Proceed east 2.35 miles to an unnamed hilltop elevation 1507
feet in the southern area of the Santa Rosa Land Grant. T.6N., 32W.
(18) Proceed east by southeast 2.1 miles to an unnamed hilltop
elevation 1279 feet in the southern area of the Santa Rosa Land Grant.
T.6N., 32W.
(19) Then proceed east by southeast 1.45 miles to the point of the
beginning.
Signed: May 25, 2001.
Bradley A. Buckles,
Director.
Timothy E. Skud,
Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade
Enforcement).
[FR Doc. 01-13645 Filed 5-30-01; 8:45 am]
BILLING CODE 4810-31-P