Proposed Establishment of the Covelo Viticultural Area (2003R-412P), 5393-5397 [05-1875]
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TABLE 4.—CYCLIC LIFE EXTENSION—Continued
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[FR Doc. 05–1799 Filed 2–1–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Notice No. 32]
RIN: 1513–AA90
Proposed Establishment of the Covelo
Viticultural Area (2003R–412P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
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SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the 38,000-acre ‘‘Covelo’’ viticultural
area in Mendocino County, California,
about 150 miles north of San Francisco.
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 April 4, 2005.
ADDRESSES: You may send comments to
any of the following addresses:
• Chief, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 32, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm. An online comment form is
posted with this notice on our Web site.
• https://www.regulations.gov (Federal
e-rulemaking portal; follow instructions
for submitting comments).
You may view copies of this notice,
the petition, the appropriate maps, and
any comments we receive about this
proposal by appointment at the TTB
Library, 1310 G Street, NW.,
Washington, DC 20220. To make an
appointment, call 202–927–2400. You
may also access copies of the notice and
comments online at https://www.ttb.gov/
alcohol/rules/index.htm.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
FOR FURTHER INFORMATION CONTACT: N.
A. Sutton, AVA Program Manager,
Regulations and Procedures Division,
Alcohol and Tobacco Tax and Trade
Bureau, 925 Lakeville Street, No.158,
Petaluma, CA 94952; telephone 415–
271–1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide the consumer
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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 viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region
distinguishable by geographical
features, the boundaries of which have
been recognized and defined in part 9
of the regulations. These designations
allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographic origin. The establishment of
viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
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• 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.
California map also shows the town of
Covelo and ‘‘Covelo Road’’ (State
Highway 162), which runs through the
proposed viticultural area.
The National Oceanic and
Atmospheric Administration’s
California Climatological Data report of
October 1999 includes temperature data
for the Covelo weather station. The
Covelo East USGS quadrangle map
shows that the Covelo Ranger Station is
about a mile north of the town.
Covelo Petition
Ralph Carter of Sonoma, California,
submitted a petition to establish the
‘‘Covelo’’ viticultural area in northern
Mendocino County, California. The
proposed Covelo area is about 150 miles
north of San Francisco and 45 miles
north of Ukiah. The proposed boundary
encompasses Round Valley, Williams
Valley, and the surrounding foothills.
The small, rural town of Covelo lies
within Round Valley, and a portion of
the Round Valley Indian Reservation
overlaps the proposed area’s northern
end.
This 38,000-acre area currently has 2
acres of planted grape vines, with the
potential for more vineyard
development in the valley and on the
surrounding hillsides, according to the
petition. The petition does not
document a history of grape growing in
the proposed area.
According to the petition, the bowlshaped basin of Round Valley, which
lies within the proposed Covelo
viticultural area, is distinctly different
from the long, narrow valleys more
commonly found in Mendocino County.
In addition, the petition notes that the
soils in the proposed Covelo area are,
for the most part, very deep, nearly level
loam, which differ significantly from the
soils in the surrounding areas. The
proposed Covelo area has a shorter
growing season when compared with
other Mendocino County viticultural
areas, the petition states, along with
comparatively high annual rain levels
and some snow.
The distinctive elements of the
proposed Covelo viticultural area, the
petition states, are its geography,
climate, and growing season. The
proposed Covelo area, as described in
the petition and noted on USGS maps,
is largely a round, flat valley isolated
from surrounding regions by a ring of
foothills and mountains. The petitioner
included the foothills immediately
adjacent to valley floor within the
proposed area because of the hillside’s
viticultural potential, but excluded the
higher and steeper mountainous terrain
beyond the proposed area’s boundary
since that mountainous terrain is less
suitable for commercial viticulture.
The petition explains that the
proposed area’s boundaries encompass
Covelo’s microclimate, which is created
by the distinct combination of the area’s
geographic self-containment and its
inland location. The area’s climate has
significant day and night temperature
differences, and a short grape-growing
season. This isolated valley climate
differs from the marine-influenced
climate found in most of the
surrounding regions of Mendocino
County.
The petitioner drew the proposed
area’s boundary using a series of peaks
and elevation benchmarks in the hills
surrounding the Round and Williams
Valleys. These elevation points vary
from a low of 1,762 feet on the proposed
area’s southern boundary to a high of
2,792 feet on its northern boundary.
Name Evidence
Covelo is the name of a small, rural
town within Round Valley in
Mendocino County, California. The
town appears on the United States
Geological Survey (USGS) quadrangle
maps of Covelo East and Covelo West,
and on the 2002 Rand McNally
California map provided with the
petition. The California State
Automobile Association’s Mendocino
and Sonoma Coast map identifies
Covelo as a rural township in northwest
California. The 1988 DeLorme Northern
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Boundary Evidence
Growing Conditions
Geography
The proposed Covelo viticultural
area’s boundary surrounds Round
Valley, the bowl-shaped basin in which
the town of Covelo lies. This broad,
round, and flat-floored valley differs
significantly from the long, narrow
valleys commonly found in
mountainous areas of Mendocino
County, according to the petition. The
proposed area also includes the smaller
Williams Valley, located to Round
Valley’s northeast, and the hillsides that
surround the two valleys. The provided
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USGS maps note that Round Valley’s
floor varies from 1,310 feet in elevation
in the southeast to 1,480 feet in
elevation in the northwest, while the
surrounding hillsides are less than 2,800
feet high.
As noted above, the petitioner used a
series of peaks and elevation points
under 2,800 feet in elevation to draw the
boundary of the proposed Covelo
viticultural area. In contrast to the
proposed area, the higher elevations of
the mountains that surround it vary
between 4,000 and 7,000 feet in
elevation, according to the petition.
These higher mountains, the petition
explains, geographically and
climatically isolate the proposed Covelo
viticultural area from surrounding
regions.
Climate
The high mountain peaks that
surround the proposed area, and the
Coast Range, which parallels the Pacific
Ocean to the area’s west, block the
inland flow of climate-moderating
marine air and fog into the proposed
Covelo viticultural area, according to
the petition. Given this geographic
isolation, the petition notes, the
proposed Covelo viticultural area has a
continental climate, which has greater
temperature swings and a shorter
growing season than the marineinfluenced climate commonly found in
the surrounding regions of Mendocino
County.
The proposed Covelo viticultural
area’s short growing season, the petition
emphasizes, may be its most
distinguishing characteristic. The frostfree growing season is commonly 125
days, or about four months, long.
Covelo’s average growing season
minimum temperature is also
significantly lower than that of the
established Potter Valley viticultural
area (27 CFR 9.82), which is about 33
miles to the proposed area’s south.
The petition states that with 3,000
degree days, the Covelo viticultural area
marginally falls into Region 3, of
Winkler’s climate classification system.
(During the growing season, one degree
day accumulates for each degree
Fahrenheit that a day’s average
temperature is above 50 degrees, which
is the minimum temperature required
for grapevine growth. See ‘‘General
Viticulture,’’ by Albert J. Winkler,
University of California Press, 1974.)
The table below shows the petitioner’s
comparison of degree day for grapegrowing regions near the proposed
Covelo viticultural area.
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deep, well-drained loam and gravelly
loam, predominates in the northern,
Mendocino grape-growing
eastern, and western foothills
regions
surrounding Round Valley, according to
the petition. In the southern foothills,
Covelo .......................................
3,000 the Dingman-Beaughton-Henneke
Hopland ....................................
3,313 association (a well-drained, gravelly
Potter Valley viticultural area
loam and cobbly clay loam) and the
(27 CFR 9.82) .......................
3,341 Hopland-Yorktree-Witherell association
Redwood Valley viticultural
(a well-drained loam and sandy loam)
area (27 CFR 9.153) .............
2,914 predominate.
Ukiah .........................................
3,460
The petition adds that soils of the
Willits ........................................
2,224
Franciscan Formation, a blue schist and
semi-schist of Franciscan Complex,
According to the petition, the
cover the mountainous terrain above the
proposed Covelo viticultural area’s
proposed area’s boundary.
summer temperatures have greater dayto-night variations (between 40 and 66
Boundary Description
degrees in the valley) than the areas
See the narrative boundary
surrounding it. Also, in October (the
description of the petitioned-for
final month of the summer growing
viticultural area in the proposed
season) the proposed viticultural area
regulatory text published at the end of
has 90 fewer degree-day units of heat
this notice.
than other Region 3 viticultural areas in
Maps
the Mendocino region.
The proposed Covelo viticultural area,
The petitioner(s) provided the
the petition notes, receives an average of required maps, and we list them below
40 inches of rain a year, which is the
in the proposed regulatory text.
highest average of any valley in
Impact on Current Wine Labels
northern Mendocino County. The
Part 4 of the TTB regulations prohibits
petition explains, however, that annual
any label reference on a wine that
rainfall in the proposed area varies
indicates or implies an origin other than
widely. In 1998, the proposed Covelo
the wine’s true place of origin. If we
viticultural area received 65 inches of
establish this proposed viticultural area,
rain, while in 2000, it received 36
its name, ‘‘Covelo,’’ will be recognized
inches, according to the National
as a name of viticultural significance.
Oceanic and Atmospheric
Consequently, wine bottlers using
Administration’s Climatological Data
‘‘Covelo’’ in a brand name, including a
Annual Summary reports of California
trademark, or in another label reference
for 1997 through 2001, which were
included in the petition. In addition, the as to the origin of the wine, will have
to ensure that the product is eligible to
proposed Covelo viticultural area’s
use the viticultural area’s name as an
valley basin receives about 7 inches of
appellation of origin. The proposed part
snow annually, with higher amounts
9 regulatory text set forth in this
falling on the surrounding hillsides.
document specifies the ‘‘Covelo’’ name
Geology and Soils
as a term of viticultural significance for
The petition notes that the proposed
purposes of part 4 of the TTB
Covelo viticultural area is composed of
regulations.
For a wine to be eligible to use as an
alluvial plains, alluvial fans, and a
appellation of origin the name of a
valley basin, which are geographically
viticultural area specified in part 9 of
younger than the surrounding higher
the TTB regulations, at least 85 percent
elevations. While the alluvial deposits
on the valley floor share the mineralogy of the grapes used to make the wine
must have been grown within the area
of the Franciscan rocks of the
represented by that name, and the wine
surrounding hills, the petition explains
must meet the other conditions listed in
that Covelo’s valley basin soils differ
27 CFR 4.25(e)(3). If the wine is not
distinctly from the soils found in the
eligible to use the viticultural area name
foothills surrounding the valley.
As noted in the petition, Felizas an appellation of origin and that
Russian-Cole soils cover about 50
name appears in the brand name, then
percent of the proposed Covelo
the label is not in compliance and the
viticultural area. These soils, which are
bottler must change the brand name and
found in the Round Valley basin, have
obtain approval of a new label.
neutral-to-alkaline soil pH chemistry, in Similarly, if the viticultural area name
contrast with the acidity found in the
appears in another reference on the
hillside soils.
label in a misleading manner, the bottler
The Sanhedren-Speaker-Kekawaka
would have to obtain approval of a new
association, which is a deep to very
label. Accordingly, if a new label or a
Summation
of growing
season
degree-day
units
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5395
previously approved label uses the
name ‘‘Covelo’’ for a wine that does not
meet the 85 percent standard, the new
label will not be approved, and the
previously approved label will be
subject to revocation, upon the effective
date of the approval of the Covelo
viticultural area.
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.
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, climactic, and other required
information submitted in support of the
petition. Please provide any available
specific information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Covelo
viticultural area on brand labels that
include the words ‘‘Covelo’’ as
discussed above under Impact on
Current Wine Labels, we are particularly
interested in comments regarding
whether there will be a conflict between
the proposed area name 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 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 any
conflicts, for example by adopting a
modified or different name for the
viticultural area.
Submitting Comments
Please submit your comments by the
closing date shown above in this notice.
Your comments must include this
notice number and your name and
mailing address. Your comments must
be legible and written in language
acceptable for public disclosure. We do
not acknowledge receipt of comments,
and we consider all comments as
originals. You may submit comments in
one of five ways:
• Mail: You may send written
comments to TTB at the address listed
in the ADDRESSES section.
• Facsimile: You may submit
comments by facsimile transmission to
202–927–8525. Faxed comments must—
(1) Be on 8.5- by 11-inch paper;
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(2) Contain a legible, written
signature; and
(3) Be no more than five pages long.
This limitation assures electronic access
to our equipment. We will not accept
faxed comments that exceed five pages.
• E-mail: You may e-mail comments
to nprm@ttb.gov. Comments transmitted
by electronic mail must—
(1) Contain your e-mail address;
(2) Reference this notice number on
the subject line; and
(3) Be legible when printed on 8.5- by
11-inch paper.
Online form: We provide a comment
form with the online copy of this notice
on our Web site at https://www.ttb.gov/
alcohol/rules/index.htm. Select the
‘‘Send comments via e-mail’’ link under
this notice number.
• Federal e-Rulemaking Portal: To
submit comments to us via the Federal
e-rulemaking portal, visit https://
www.regulations.gov and follow the
instructions for submitting comments.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine, in light of all circumstances,
whether to hold a public hearing.
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.
Confidentiality
PART 9—AMERICAN VITICULTURAL
AREAS
All submitted material is part of the
public record and subject to disclosure.
Do not enclose any material in your
comments that you consider
confidential or inappropriate for public
disclosure.
Public Disclosure
You may view copies of this notice,
the petition, the appropriate maps, and
any comments we receive by
appointment at the TTB Library at 1310
G Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents
per 8.5- × 11-inch page. Contact our
librarian at the above address or
telephone 202–927–2400 to schedule an
appointment or to request copies of
comments.
For your convenience, we will post
this notice and any comments we
receive on this proposal on the TTB
Web site. We may omit voluminous
attachments or material that we
consider unsuitable for posting. In all
cases, the full comment will be available
in the TTB Library. To access the online
copy of this notice, visit https://
www.ttb.gov/alcohol/rules/index.htm.
Select the ‘‘View Comments’’ link under
this notice number to view the posted
comments.
Regulatory Flexibility Act
We certify that this proposed
regulation, if adopted, would not have
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Executive Order 12866
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866, 58 FR 51735.
Therefore, it requires no regulatory
assessment.
Drafting Information
N.A. Sutton of the Regulations and
Procedures 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 I, part 9, Code of Federal
Regulations, as follows:
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
2. Amend subpart C by adding
§ 9.ll to read as follows:
Subpart C—Approved American
Viticultural Areas
§ 9.ll
Covelo.
(a) Name. The name of the viticultural
area described in this section is
‘‘Covelo’’. For purposes of part 4 of this
chapter, ‘‘Covelo’’ is a term of
viticultural significance.
(b) Approved Maps. The appropriate
maps for determining the boundaries of
the Covelo viticultural area are four
United States Geological Survey (USGS)
1:24,000 scale topographic maps. They
are titled:
(1) Dos Rios, California Quadrangle—
Mendocino Co., 7.5 Minute Series,
edition of 1967, revised 1994;
(2) Covelo West, California
Quadrangle—Mendocino Co., 7.5
Minute Series, edition of 1967,
photoinspected 1973;
(3) Covelo East, California
Quadrangle—Mendocino Co., 7.5
Minute Series, edition of 1967, revised
1994; and
(4) Jamison Ridge, California
Quadrangle—Mendocino Co., 7.5
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Minute Series, edition of 1967, revised
1994.
(c) Boundary. The Covelo viticultural
area surrounds the town of Covelo in
northern Mendocino County, California,
about 30 miles east of the Pacific
Coastline. The area’s boundaries are
defined as follows—
(1) Beginning on the Dos Rios
Quadrangle map at the intersection of
State Highway 162 and the section 25
and 36 boundary line, T22N, R13W
(labeled Inspiration Point on the map),
proceed west 0.3 miles on Highway 162
to BM 2006 in section 36, T22N, R13W;
then
(2) Proceed straight west-northwest
1.5 miles to the 2,537-foot elevation
point in the northwest quadrant of
section 26, T22N, R13W, Dos Rios
Quadrangle; then
(3) Proceed straight northwest 1.6
miles to the 2,488-foot peak in the
northwest quadrant of section 22, T22N,
R13W, Covelo West Quadrangle; then
(4) Proceed straight north-northwest
0.75 miles to the 2,262-foot peak on the
section 15 and 16 boundary line, and
continue straight north 1.6 miles to the
2,247-foot peak on the section 3 and 4
boundary line; then
(5) Proceed straight northerly 1 mile
to the 1,974-foot peak on the shared
T22N and T23N boundary line, Covelo
West Quadrangle, and continue straight
north 1.6 miles to the 2,290-foot peak in
the northwest quadrant of section 27,
T23N, R13W, Covelo West Quadrangle;
then
(6) Proceed straight northeast 1.2
miles to the 2,397-foot peak in the
northeast quadrant of section 22, and
continue straight northeast 1.5 miles to
BM 2210 in the northeast quadrant of
section 14, T23N, R13W, Covelo West
Quadrangle; then
(7) Proceed straight east-southeast
1.75 miles to the 2,792-foot peak in the
southwest quadrant of section 18, T23,
R12W, Covelo East Quadrangle; then
(8) Proceed straight northnortheasterly 0.9 mile to the 2,430-foot
elevation point in the southeast
quadrant of section 7, T23N, R12W,
Covelo East Quadrangle; then
(9) Proceed straight east-northeast 1.6
miles to the peak of Coyote Rock in
section 9, T23N, R12W, Covelo East
Quadrangle; then
(10) Proceed straight east-southeast
1.55 miles to the 2,435-foot elevation
point in the northern half of section 15,
and continue straight southeast 2.3
miles to the 2,066-foot peak in the
southwest quadrant of section 24, T23N,
R12W, Covelo East Quadrangle; then
(11) Proceed straight south-southwest
0.6 mile to the 2,024-foot peak near the
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section 26 eastern boundary line, T23N,
R12W, Covelo East Quadrangle; then
(12) Proceed straight west-southwest
1.9 miles to the 2,183-foot peak in the
northwest quadrant of section 34, T23N,
R12W, Covelo East Quadrangle; then
(13) Proceed straight south-southeast
1.2 miles to the 1,953-foot peak in the
northeast quadrant of section 3, T22N,
R12W, Covelo East Quadrangle; then
(14) Proceed straight southerly 0.9
mile to the 2,012-foot peak in the
northeast quadrant of section 10, T22N,
R12W, Covelo East Quadrangle; then
(15) Proceed straight south-southeast
1.4 miles along Dingman Ridge to the
2,228-foot peak along the section 14 and
15 boundary line, T22N, R12W, Covelo
East Quadrangle; then
(16) Proceed straight southeast 0.95
mile to the 2,398-foot peak in the
northeast quadrant of section 23, T22N,
R12W, Covelo East Quadrangle; then
(17) Proceed straight south-southeast
1.75 miles to the 2,474-foot elevation
point along the section 25 and 26
boundary line, T22N, R12W, Jamison
Ridge Quadrangle; then
(18) Proceed straight west-southwest
0.9 mile to BM 2217 in the southwest
quadrant of section 26, and continue
straight westerly 1.5 miles to the 2,230foot peak northwest of Iron Spring, in
the southeast quadrant of section 28,
T22N, R12W, Jamison Ridge
Quadrangle; then
(19) Proceed straight southwest 0.65
mile to the 2,022-foot peak along the
unimproved road in section 33, T22N,
R12W, Jamison Ridge Quadrangle; then
(20) Proceed straight west-northwest
1.5 miles to the 1,762-foot peak in the
northeast quadrant of section 31, and
continue in the same line of direction
1.1 miles to the beginning point at the
intersection of State Highway 162 and
the section 25 and 36 boundary line,
T22N, R13W (labeled Inspiration Point),
on the Dos Rios Quadrangle map.
Signed: January 25, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05–1875 Filed 2–1–05; 8:45 am]
BILLING CODE 4810–31–P
VerDate jul<14>2003
11:04 Feb 01, 2005
Jkt 205001
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Notice No. 31; Re: ATF Notice Nos. 960
and 966; TTB Notice No. 6]
RIN: 1513–AA39
Proposed Red Hill Douglas County, OR
Viticultural Area (2001R–88P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking;
reopening of comment period.
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau reopens the comment
period for Notice No. 960, a notice of
proposed rulemaking published in the
Federal Register to add ‘‘Red Hill
(Oregon)’’ as an approved American
viticultural area. We are re-opening the
comment period for 30 days to solicit
comments on a new proposed name,
‘‘Red Hill Douglas County, Oregon.’’
The petitioner suggested the new name
because the originally proposed name
could be confused with similar names of
other geographical areas and with brand
names used on wines from those other
areas.
DATES: Written comments must be
received on or before March 4, 2005.
ADDRESSES: You may send comments to
any of the following addresses:
• Chief, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 31, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm. An online comment form is
posted with this notice on our Web site.
• https://www.regulations.gov (Federal
e-rulemaking portal; follow instructions
for submitting comments).
You may view copies of this notice,
the original petition, the appropriate
maps, and any comments we receive
about this notice by appointment at the
TTB Library, 1310 G Street, NW.,
Washington, DC 20220. To make an
appointment, call (202) 927–2400. You
may also access copies of this notice
and comments online at https://
www.ttb.gov/alcohol/rules/index.htm.
FOR FURTHER INFORMATION CONTACT:
Nancy Sutton, Regulations and
Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 158, Petaluma,
California 94952; telephone (415) 271–
1254.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
5397
SUPPLEMENTARY INFORMATION:
Background
On October 30, 2002, the Bureau of
Alcohol, Tobacco and Firearms, the
predecessor agency to the Alcohol and
Tobacco Tax and Trade Bureau (TTB),
published in the Federal Register as
Notice No. 960 (67 FR 66079) a notice
of proposed rulemaking regarding the
establishment of the Red Hill (Oregon)
viticultural area. The notice requested
comments by December 30, 2002, from
all interested persons.
Notice No. 960 included a discussion
of the name evidence for Red Hill. As
noted in Notice No. 960, the Red Hill
name has been used in Douglas County,
Oregon, for over 100 years. Historically,
the Applegate and the Scott families
settled at the foot of Red Hill in the mid19th century. By 1879, settlers
established a school district in the Red
Hill area, and built a schoolhouse on
Red Hill Road (identified in the
southeast corner of the United States
Geological Survey (USGS) Drain,
Oregon, map in section 26, T23S/R5W.
The school district operated until 1943
when it merged with the Pleasant Valley
District. ‘‘Douglas County Schools, A
History Outline,’’ by Larry Moulton,
October 2000, includes a hand-drawn
map and directions to the ‘‘Red Hill
School Site.’’ The Red Hill School now
stands abandoned.
The USGS Drain, Oregon, map labels
‘‘Red Hill’’ in sections 35, 26 and 23,
T23S/R5W. The map also identifies a
light duty road meandering through the
region as ‘‘Red Hill Road.’’ Interstate 5
signage at exit number 150 in northern
Douglas County, Oregon, includes the
‘‘Red Hill’’ name and directional
information to the area. The USGS
Geographical Names Information
System identifies ‘‘Red Hill’’ as an area
in Douglas County, Oregon. Douglas
County is located in southwest Oregon,
as noted the Oregon-Washington
American Automobile Association State
Series map, published February 2003,
and on page 92, ‘‘Oregon,’’ of the
American Map 2002 Road Atlas.
After publication of Notice No. 960,
TTB twice re-opened the comment
period for additional public comments
on the entire petition. Notice No. 966
(68 FR 2262), published on January 16,
2003, requested comments by March 17,
2003. TTB Notice No. 6 (68 FR 20090),
published on April 24, 2003, requested
comments by May 27, 2004.
In response to these notices, TTB
received a total of 32 comments, with 16
supporting and 12 opposing the
petition, 1 requesting an extension of
the comment period, and 3 requesting a
public hearing.
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Agencies
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Proposed Rules]
[Pages 5393-5397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1875]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 32]
RIN: 1513-AA90
Proposed Establishment of the Covelo Viticultural Area (2003R-
412P)
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 38,000-acre ``Covelo'' viticultural area in Mendocino
County, California, about 150 miles north of San Francisco. 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 April 4, 2005.
ADDRESSES: You may send comments to any of the following addresses:
Chief, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 32, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
https://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
https://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive about this proposal by appointment at
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an
appointment, call 202-927-2400. You may also access copies of the
notice and comments online at https://www.ttb.gov/alcohol/rules/
index.htm.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
FOR FURTHER INFORMATION CONTACT: N. A. Sutton, AVA Program Manager,
Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade
Bureau, 925 Lakeville Street, No.158, Petaluma, CA 94952; telephone
415-271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide 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 viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
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;
[[Page 5394]]
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.
Covelo Petition
Ralph Carter of Sonoma, California, submitted a petition to
establish the ``Covelo'' viticultural area in northern Mendocino
County, California. The proposed Covelo area is about 150 miles north
of San Francisco and 45 miles north of Ukiah. The proposed boundary
encompasses Round Valley, Williams Valley, and the surrounding
foothills. The small, rural town of Covelo lies within Round Valley,
and a portion of the Round Valley Indian Reservation overlaps the
proposed area's northern end.
This 38,000-acre area currently has 2 acres of planted grape vines,
with the potential for more vineyard development in the valley and on
the surrounding hillsides, according to the petition. The petition does
not document a history of grape growing in the proposed area.
According to the petition, the bowl-shaped basin of Round Valley,
which lies within the proposed Covelo viticultural area, is distinctly
different from the long, narrow valleys more commonly found in
Mendocino County. In addition, the petition notes that the soils in the
proposed Covelo area are, for the most part, very deep, nearly level
loam, which differ significantly from the soils in the surrounding
areas. The proposed Covelo area has a shorter growing season when
compared with other Mendocino County viticultural areas, the petition
states, along with comparatively high annual rain levels and some snow.
Name Evidence
Covelo is the name of a small, rural town within Round Valley in
Mendocino County, California. The town appears on the United States
Geological Survey (USGS) quadrangle maps of Covelo East and Covelo
West, and on the 2002 Rand McNally California map provided with the
petition. The California State Automobile Association's Mendocino and
Sonoma Coast map identifies Covelo as a rural township in northwest
California. The 1988 DeLorme Northern California map also shows the
town of Covelo and ``Covelo Road'' (State Highway 162), which runs
through the proposed viticultural area.
The National Oceanic and Atmospheric Administration's California
Climatological Data report of October 1999 includes temperature data
for the Covelo weather station. The Covelo East USGS quadrangle map
shows that the Covelo Ranger Station is about a mile north of the town.
Boundary Evidence
The distinctive elements of the proposed Covelo viticultural area,
the petition states, are its geography, climate, and growing season.
The proposed Covelo area, as described in the petition and noted on
USGS maps, is largely a round, flat valley isolated from surrounding
regions by a ring of foothills and mountains. The petitioner included
the foothills immediately adjacent to valley floor within the proposed
area because of the hillside's viticultural potential, but excluded the
higher and steeper mountainous terrain beyond the proposed area's
boundary since that mountainous terrain is less suitable for commercial
viticulture.
The petition explains that the proposed area's boundaries encompass
Covelo's microclimate, which is created by the distinct combination of
the area's geographic self-containment and its inland location. The
area's climate has significant day and night temperature differences,
and a short grape-growing season. This isolated valley climate differs
from the marine-influenced climate found in most of the surrounding
regions of Mendocino County.
The petitioner drew the proposed area's boundary using a series of
peaks and elevation benchmarks in the hills surrounding the Round and
Williams Valleys. These elevation points vary from a low of 1,762 feet
on the proposed area's southern boundary to a high of 2,792 feet on its
northern boundary.
Growing Conditions
Geography
The proposed Covelo viticultural area's boundary surrounds Round
Valley, the bowl-shaped basin in which the town of Covelo lies. This
broad, round, and flat-floored valley differs significantly from the
long, narrow valleys commonly found in mountainous areas of Mendocino
County, according to the petition. The proposed area also includes the
smaller Williams Valley, located to Round Valley's northeast, and the
hillsides that surround the two valleys. The provided USGS maps note
that Round Valley's floor varies from 1,310 feet in elevation in the
southeast to 1,480 feet in elevation in the northwest, while the
surrounding hillsides are less than 2,800 feet high.
As noted above, the petitioner used a series of peaks and elevation
points under 2,800 feet in elevation to draw the boundary of the
proposed Covelo viticultural area. In contrast to the proposed area,
the higher elevations of the mountains that surround it vary between
4,000 and 7,000 feet in elevation, according to the petition. These
higher mountains, the petition explains, geographically and
climatically isolate the proposed Covelo viticultural area from
surrounding regions.
Climate
The high mountain peaks that surround the proposed area, and the
Coast Range, which parallels the Pacific Ocean to the area's west,
block the inland flow of climate-moderating marine air and fog into the
proposed Covelo viticultural area, according to the petition. Given
this geographic isolation, the petition notes, the proposed Covelo
viticultural area has a continental climate, which has greater
temperature swings and a shorter growing season than the marine-
influenced climate commonly found in the surrounding regions of
Mendocino County.
The proposed Covelo viticultural area's short growing season, the
petition emphasizes, may be its most distinguishing characteristic. The
frost-free growing season is commonly 125 days, or about four months,
long. Covelo's average growing season minimum temperature is also
significantly lower than that of the established Potter Valley
viticultural area (27 CFR 9.82), which is about 33 miles to the
proposed area's south.
The petition states that with 3,000 degree days, the Covelo
viticultural area marginally falls into Region 3, of Winkler's climate
classification system. (During the growing season, one degree day
accumulates for each degree Fahrenheit that a day's average temperature
is above 50 degrees, which is the minimum temperature required for
grapevine growth. See ``General Viticulture,'' by Albert J. Winkler,
University of California Press, 1974.) The table below shows the
petitioner's comparison of degree day for grape-growing regions near
the proposed Covelo viticultural area.
[[Page 5395]]
------------------------------------------------------------------------
Summation
of growing
Mendocino grape-growing regions season
degree-day
units
------------------------------------------------------------------------
Covelo..................................................... 3,000
Hopland.................................................... 3,313
Potter Valley viticultural area (27 CFR 9.82).............. 3,341
Redwood Valley viticultural area (27 CFR 9.153)............ 2,914
Ukiah...................................................... 3,460
Willits.................................................... 2,224
------------------------------------------------------------------------
According to the petition, the proposed Covelo viticultural area's
summer temperatures have greater day-to-night variations (between 40
and 66 degrees in the valley) than the areas surrounding it. Also, in
October (the final month of the summer growing season) the proposed
viticultural area has 90 fewer degree-day units of heat than other
Region 3 viticultural areas in the Mendocino region.
The proposed Covelo viticultural area, the petition notes, receives
an average of 40 inches of rain a year, which is the highest average of
any valley in northern Mendocino County. The petition explains,
however, that annual rainfall in the proposed area varies widely. In
1998, the proposed Covelo viticultural area received 65 inches of rain,
while in 2000, it received 36 inches, according to the National Oceanic
and Atmospheric Administration's Climatological Data Annual Summary
reports of California for 1997 through 2001, which were included in the
petition. In addition, the proposed Covelo viticultural area's valley
basin receives about 7 inches of snow annually, with higher amounts
falling on the surrounding hillsides.
Geology and Soils
The petition notes that the proposed Covelo viticultural area is
composed of alluvial plains, alluvial fans, and a valley basin, which
are geographically younger than the surrounding higher elevations.
While the alluvial deposits on the valley floor share the mineralogy of
the Franciscan rocks of the surrounding hills, the petition explains
that Covelo's valley basin soils differ distinctly from the soils found
in the foothills surrounding the valley.
As noted in the petition, Feliz-Russian-Cole soils cover about 50
percent of the proposed Covelo viticultural area. These soils, which
are found in the Round Valley basin, have neutral-to-alkaline soil pH
chemistry, in contrast with the acidity found in the hillside soils.
The Sanhedren-Speaker-Kekawaka association, which is a deep to very
deep, well-drained loam and gravelly loam, predominates in the
northern, eastern, and western foothills surrounding Round Valley,
according to the petition. In the southern foothills, the Dingman-
Beaughton-Henneke association (a well-drained, gravelly loam and cobbly
clay loam) and the Hopland-Yorktree-Witherell association (a well-
drained loam and sandy loam) predominate.
The petition adds that soils of the Franciscan Formation, a blue
schist and semi-schist of Franciscan Complex, cover the mountainous
terrain above the proposed area's boundary.
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(s) 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, ``Covelo,'' will be recognized as a name of viticultural
significance. Consequently, wine bottlers using ``Covelo'' 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. The
proposed part 9 regulatory text set forth in this document specifies
the ``Covelo'' name as 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, 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 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 ``Covelo'' for a
wine that does not meet the 85 percent standard, the new label will not
be approved, and the previously approved label will be subject to
revocation, upon the effective date of the approval of the Covelo
viticultural area.
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.
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, climactic, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Covelo viticultural area on brand labels that include the
words ``Covelo'' as discussed above under Impact on Current Wine
Labels, we are particularly interested in comments regarding whether
there will be a conflict between the proposed area name 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
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 any conflicts,
for example by adopting a modified or different name for the
viticultural area.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals. You may submit
comments in one of five ways:
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5- by 11-inch paper;
[[Page 5396]]
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5- by 11-inch paper.
Online form: We provide a comment form with the online copy of this
notice on our Web site at https://www.ttb.gov/alcohol/rules/index.htm.
Select the ``Send comments via e-mail'' link under this notice number.
Federal e-Rulemaking Portal: To submit comments to us via
the Federal e-rulemaking portal, visit https://www.regulations.gov and
follow the instructions for submitting comments.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine, in light of all circumstances, whether to hold a public
hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Library at
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at
20 cents per 8.5- x 11-inch page. Contact our librarian at the above
address or telephone 202-927-2400 to schedule an appointment or to
request copies of comments.
For your convenience, we will post this notice and any comments we
receive on this proposal on the TTB Web site. We may omit voluminous
attachments or material that we consider unsuitable for posting. In all
cases, the full comment will be available in the TTB Library. To access
the online copy of this notice, visit https://www.ttb.gov/alcohol/rules/
index.htm. Select the ``View Comments'' link under this notice number
to view the posted comments.
Regulatory Flexibility Act
We certify that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
N.A. Sutton of the Regulations and Procedures 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 I, 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. Amend subpart C by adding Sec. 9.---- to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.---- Covelo.
(a) Name. The name of the viticultural area described in this
section is ``Covelo''. For purposes of part 4 of this chapter,
``Covelo'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the Covelo viticultural area are four United States
Geological Survey (USGS) 1:24,000 scale topographic maps. They are
titled:
(1) Dos Rios, California Quadrangle--Mendocino Co., 7.5 Minute
Series, edition of 1967, revised 1994;
(2) Covelo West, California Quadrangle--Mendocino Co., 7.5 Minute
Series, edition of 1967, photoinspected 1973;
(3) Covelo East, California Quadrangle--Mendocino Co., 7.5 Minute
Series, edition of 1967, revised 1994; and
(4) Jamison Ridge, California Quadrangle--Mendocino Co., 7.5 Minute
Series, edition of 1967, revised 1994.
(c) Boundary. The Covelo viticultural area surrounds the town of
Covelo in northern Mendocino County, California, about 30 miles east of
the Pacific Coastline. The area's boundaries are defined as follows--
(1) Beginning on the Dos Rios Quadrangle map at the intersection of
State Highway 162 and the section 25 and 36 boundary line, T22N, R13W
(labeled Inspiration Point on the map), proceed west 0.3 miles on
Highway 162 to BM 2006 in section 36, T22N, R13W; then
(2) Proceed straight west-northwest 1.5 miles to the 2,537-foot
elevation point in the northwest quadrant of section 26, T22N, R13W,
Dos Rios Quadrangle; then
(3) Proceed straight northwest 1.6 miles to the 2,488-foot peak in
the northwest quadrant of section 22, T22N, R13W, Covelo West
Quadrangle; then
(4) Proceed straight north-northwest 0.75 miles to the 2,262-foot
peak on the section 15 and 16 boundary line, and continue straight
north 1.6 miles to the 2,247-foot peak on the section 3 and 4 boundary
line; then
(5) Proceed straight northerly 1 mile to the 1,974-foot peak on the
shared T22N and T23N boundary line, Covelo West Quadrangle, and
continue straight north 1.6 miles to the 2,290-foot peak in the
northwest quadrant of section 27, T23N, R13W, Covelo West Quadrangle;
then
(6) Proceed straight northeast 1.2 miles to the 2,397-foot peak in
the northeast quadrant of section 22, and continue straight northeast
1.5 miles to BM 2210 in the northeast quadrant of section 14, T23N,
R13W, Covelo West Quadrangle; then
(7) Proceed straight east-southeast 1.75 miles to the 2,792-foot
peak in the southwest quadrant of section 18, T23, R12W, Covelo East
Quadrangle; then
(8) Proceed straight north-northeasterly 0.9 mile to the 2,430-foot
elevation point in the southeast quadrant of section 7, T23N, R12W,
Covelo East Quadrangle; then
(9) Proceed straight east-northeast 1.6 miles to the peak of Coyote
Rock in section 9, T23N, R12W, Covelo East Quadrangle; then
(10) Proceed straight east-southeast 1.55 miles to the 2,435-foot
elevation point in the northern half of section 15, and continue
straight southeast 2.3 miles to the 2,066-foot peak in the southwest
quadrant of section 24, T23N, R12W, Covelo East Quadrangle; then
(11) Proceed straight south-southwest 0.6 mile to the 2,024-foot
peak near the
[[Page 5397]]
section 26 eastern boundary line, T23N, R12W, Covelo East Quadrangle;
then
(12) Proceed straight west-southwest 1.9 miles to the 2,183-foot
peak in the northwest quadrant of section 34, T23N, R12W, Covelo East
Quadrangle; then
(13) Proceed straight south-southeast 1.2 miles to the 1,953-foot
peak in the northeast quadrant of section 3, T22N, R12W, Covelo East
Quadrangle; then
(14) Proceed straight southerly 0.9 mile to the 2,012-foot peak in
the northeast quadrant of section 10, T22N, R12W, Covelo East
Quadrangle; then
(15) Proceed straight south-southeast 1.4 miles along Dingman Ridge
to the 2,228-foot peak along the section 14 and 15 boundary line, T22N,
R12W, Covelo East Quadrangle; then
(16) Proceed straight southeast 0.95 mile to the 2,398-foot peak in
the northeast quadrant of section 23, T22N, R12W, Covelo East
Quadrangle; then
(17) Proceed straight south-southeast 1.75 miles to the 2,474-foot
elevation point along the section 25 and 26 boundary line, T22N, R12W,
Jamison Ridge Quadrangle; then
(18) Proceed straight west-southwest 0.9 mile to BM 2217 in the
southwest quadrant of section 26, and continue straight westerly 1.5
miles to the 2,230-foot peak northwest of Iron Spring, in the southeast
quadrant of section 28, T22N, R12W, Jamison Ridge Quadrangle; then
(19) Proceed straight southwest 0.65 mile to the 2,022-foot peak
along the unimproved road in section 33, T22N, R12W, Jamison Ridge
Quadrangle; then
(20) Proceed straight west-northwest 1.5 miles to the 1,762-foot
peak in the northeast quadrant of section 31, and continue in the same
line of direction 1.1 miles to the beginning point at the intersection
of State Highway 162 and the section 25 and 36 boundary line, T22N,
R13W (labeled Inspiration Point), on the Dos Rios Quadrangle map.
Signed: January 25, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-1875 Filed 2-1-05; 8:45 am]
BILLING CODE 4810-31-P