Establishment of the High Valley Viticultural Area (2003R-361P), 37998-38002 [05-13042]
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37998
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
No comments objecting to the proposal
were received. Class E airspace
designations for airspace areas
extending upward from 700 feet or more
above the surface of the earth are
published in paragraph 6005 of FAA
Order 7400.9M dated August 30, 2004,
and effective September 16, 2004, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
The Rule
This amendment to 14 CFR part 71
modifies Class E airspace at Muskegon,
MI, to accommodate aircraft executing
instrument flight procedures into and
out of Grand Haven Memorial Airpark.
The area will be depicted on
appropriate aeronautical charts.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation—(1)
is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Points, dated August 30, 2004, and
effective September 16, 2004, is
amended as follows:
*
*
*
*
*
Paragraph 6005 Class E airspace areas
extending upward from 700 Feet or more
above the surface of the earth.
*
*
*
*
*
AGL MI E5 Muskegon, MI [Revised]
Muskegon County Airport, MI
(Lat. 43°10′10″ N., long. 86°14′18″ W.)
Grand Haven Memorial Airpark, MI
(Lat. 43°02′03″ N., long. 86°11′53″ W.)
Muskegon VORTAC
(Lat. 43°10′09″ N., long. 86°02′22″ W.)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of the Muskegon County Airport, and
within 2.6 miles each side of the ILS localizer
southeast course extending from the 6.8-mile
radius to 10.8 miles southeast of the airport,
and within 2.4 miles each side of the
localizer northwest course extending from
the 6.8-mile radius to 12.1 miles northwest
of the airport, and within 2.8 miles each side
of the Muskegon VORTAC 266° radial
extending from the 6.8-mile radius to 12.7
miles west of the airport, and within 1.3
miles each side of the Muskegon VORTAC
271° radial extending from the VORTAC to
the 6.8-mile radius of the airport and within
a 6.4-mile radius of the Grand Haven
Memorial Airpark.
*
*
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BILLING CODE 4910–13–M
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
[T.D. TTB–30; Re: Notice No. 28]
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 95665, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in 14
CFR 71.1 of the Federal Aviation
Administration Order 7400.9M,
Airspace Designations and Reporting
I
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RIN 1513–AA79
Establishment of the High Valley
Viticultural Area (2003R–361P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
This Treasury decision
establishes the 14,000-acre High Valley
viticultural area in Lake County,
California. 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.
DATES: Effective Date: August 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Nancy Sutton, Regulations and
SUMMARY:
1. The authority citation for part 71
continues to read as follows:
I
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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 such
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
*
Issued in Des Plaines, Illinois on June 15,
2005.
Nancy B. Kort,
Area Director, Central Terminal Operations.
[FR Doc. 05–13082 Filed 6–30–05; 8:45 am]
Adoption of the Amendment
I
Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 158, Petaluma,
California 94952; telephone (415) 271–
1254.
SUPPLEMENTARY INFORMATION:
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;
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• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
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.
High Valley Petition and Rulemaking
General Background
TTB received a petition from Kevin
Robinson of the Brassfield Estate
Winery proposing a new viticultural
area to be called ‘‘High Valley’’ in Lake
County, California. Located above the
eastern shore of Clear Lake near the
village of Clearlake Oaks, about 85 miles
north of San Francisco, the proposed
14,000-acre viticultural area has
approximately 1,000 acres planted to
vines.
The proposed High Valley viticultural
area boundary encompasses the largely
enclosed, elongated bowl-shaped High
Valley basin and the surrounding
mountain ridges. The area measures
about 8.5 miles east-to-west and 3 miles
north-to-south, with elevations between
1,600 and about 3,000 feet. Early
viticultural efforts in the High Valley
area ceased with Prohibition, and
walnuts, prunes, green beans, and other
crops became the area’s popular
agricultural commodities.
Approximately 25 very old ‘‘centennial
vines’’ (possibly zinfandel) still exist on
the southeast ridge above the valley
floor.
Below, we summarize the evidence
presented in the petition.
Name Evidence
‘‘High Valley’’ is the officially
recognized name of the elongated bowlshaped valley encompassed by the
proposed High Valley viticultural area,
as shown on the Clearlake Oaks,
California, USGS Quadrangle map and
on the California State Automobile
Association’s ‘‘Mendocino and Sonoma
Coast Region’’ map of February 1999.
Both maps also show High Valley Ridge
and High Valley Road within the
proposed viticultural area’s boundary.
The petition states that ‘‘High Valley’’ is
the popularly and historically
recognized name for the valley. In
addition, the 2002 SBC Pacific Bell
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Directory lists three local businesses
that incorporate ‘‘High Valley’’ into
their name, and ‘‘High Valley
Memories,’’ a 1960 manuscript by Tom
Butler describing the valley’s history, is
on file at the Lake County Historical
Courthouse Museum.
37999
High Valley has an east and west
orientation, which is rarely found in the
northern California Coastal Ranges. This
orientation contributes to some of the
distinctive climatic features of the High
Valley area.
Climate
The proposed High Valley viticultural
area’s climate is cooler than the
surrounding viticultural areas of Lake
County, according to weather station
data collected from several locations
within the High Valley viticultural area,
including vineyards on the area’s
southeastern and western mountain
ridges, and on the eastern and western
portions of the valley floor. The Winkler
degree-day heat summation method of
climate classification classifies High
Valley as a Region 3 climate and
occasionally as a cooler Region 2,
depending upon the year and a
vineyard’s location within the area.
(Each degree of a day’s mean
temperature that is above 50 degrees F,
which is the minimum temperature
required for grapevine growth, is
counted as one degree day; see ‘‘General
Viticulture,’’ Albert J. Winkler,
University of California Press, 1975.)
Amber Knolls, a grape-growing region
approximately 5 miles west of High
Valley’s boundary line, has consistently
Direction
Elevation in
Geographic
from High
warmer growing season temperatures,
feet on
region
Valley
USGS map and is frequently a Region 4 climate in
boundary
the degree-day classification system.
High Valley’s cool growing climate
Clear Lake .......... West ........
1,326
Long Valley ......... North ........
1,200 results from the valley’s east-west
North Fork of
East .........
1,100 orientation, the surrounding ridge
topography, and the perpetual ‘‘wind
Cache Creek.
Clearlake Oaks
South .......
1,400 machine’’ generated from the Clear Lake
Township.
basin. The high east-west ridges above
the valley trap the cooling afternoon
breezes as they blow in from the Clear
Distinguishing Features
Lake basin. Also, the cooling mountainTopography
valley winds from the higher northern
High Valley is an elongated, bowlelevations of the Mendocino National
shaped basin, which is largely enclosed Forest drift down the ridges to the
and topographically isolated from
valley floor. The High Valley area is one
surrounding regions by high
of the coolest grape-growing regions in
surrounding mountain ridges. As shown Lake County, with a frost season that
on USGS maps, the valley floor is
frequently extends into June. The grape
generally between 1,700 and 1,800 feet
varietals planted in the High Valley area
in elevation, while, to the north, High
reflect this cooler and shorter growing
Valley Ridge rises to over 3,000 feet. To
season.
The petition noted the wide variation
the east, south, and west, the
in annual precipitation in High Valley
surrounding ridges average between
2,200 and 2,400 in elevation. The lowest between the years 2000 and May 2003,
and did not provide extensive rainfall
elevation within the High Valley
data to show it as a distinguishing
viticultural area is at the 1,600-foot
viticultural factor. The High Valley area
contour line, which forms part of the
received 18 inches of precipitation in
area’s southern boundary.
The only drainage outlet from High
both 2000 and 2001, 29 inches in 2002,
Valley is Schindler Creek, which flows
and 35 inches from January through
south through a gap in the mountain
May 2003. In recent years, other Lake
ridge between the valley and Clear Lake County grape-growing regions received
on the viticultural area’s southern side.
more precipitation than the High Valley
In addition to its topographic isolation,
viticultural area, and the petition listed
Boundary Evidence
High Valley is enclosed by
surrounding mountain ridges, which
topographically isolate High Valley from
the surrounding region and form the
valley’s natural boundary. The proposed
High Valley viticultural area boundary
largely follows these surrounding
ridges. The ridges surrounding High
Valley create a mountainside grapegrowing environment not found beyond
the boundaries of the viticultural area.
The majority of the High Valley area’s
vineyards are planted on these highland
slopes, with the remainder on the
western valley floor.
The floor of High Valley has a
minimum elevation of 1,600 feet, which
is higher than other nearby valleys and
flats. Based on the relevant USGS maps,
the table below shows the lower
elevations found in the valleys and flats
nearest to the proposed High Valley
viticultural area.
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the following average precipitation
amounts: Red Hills, 24 to 40 inches;
Kelseyville, 46 inches; and the Putah
Creek basin, 47 inches.
Geology
Originally a small east-west trending
fault basin with drainage to the east,
volcanic activity altered High Valley’s
shape and created a series of high ridges
along its eastern side, forming the
valley’s largely enclosed basin and
redirecting the valley’s drainage
southward into Clear Lake. This
volcanic activity also created Tule Lake,
a small lake on the valley’s central floor,
as well as Round Mountain, once an
active volcanic cinder cone rising 400
feet above the northern valley floor.
The dominant rock types in the
proposed High Valley viticultural area
are Jurassic sedimentary rocks of the
Franciscan Complex, basalt flows, and
Quaternary volcanic deposits. The
Franciscan Complex forms the base
material and most of the exposed rock
in the southern ridges and western
portions of High Valley, while the
Quaternary volcanics overlay the basalts
found throughout the valley’s eastern
half. Round Mountain is a prominent
High Valley feature of the Quaternary
volcanics.
Soils
The two primary soil types of High
Valley are weathered volcanic residue
and Franciscan Complex weathered
sandstone, shale, or phyllitic rocks. The
east side of the area contains soils
derived primarily from volcanics, while
the west side contains soils from
Jurassic to Cretaceous sedimentary and
phyllitic source material.
The four basic soil formations within
the proposed High Valley viticultural
area include: (1) The Franciscan Hills
along the area’s southern and western
boundaries, (2) the alluvial basin of
High Valley, (3) the alluvial terrace
along the southeast boundary, and (4)
the volcanic ridges along the area’s
northeastern boundary near Round
Mountain.
Wolfcreek loam soil, a very deep welldrained clay to sandy loam with
moderately slow permeability, covers
most of the High Valley floor. The
eastern half of the proposed High Valley
viticultural area contains Konocti
variants, Konocti, Hambright, Benridge,
and Sodabay Series soils. The Maymen,
Hopland, and Mayacama Series soils
dominate the southeast region of the
High Valley area. The western hills and
ridges contain primarily Millsholm,
Bressa, Hopland, Estel, and Maymen
Series soils.
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While the High Valley soils are
permeable in mild and moderatelywarm to warm temperatures, soils in the
nearby Big Valley allow only
moderately-warm to warm temperature
permeation. The soils of High Valley’s
slopes and ridges permit excellent
drainage, unlike Big Valley’s less
favorable soil drainage characteristics.
Further, the vine-planted slopes of the
High Valley area incline about 30
percent, comparatively steeper than the
0 to 2 percent incline of Big Valley
vineyards.
Water Resources
The High Valley area contains
aquifers and natural springs to meet its
irrigation needs. The limited capability
of Schindler Creek to take runoff out of
High Valley contributes to the valley’s
unusually high water table. The springs
of the valley’s western and eastern
mountain slopes and canyons flow
down to the valley floor, which also
contains springs and numerous ponds.
Overlapping Boundaries
The proposed High Valley viticultural
area lies almost entirely within the
established Clear Lake viticultural area
(27 CFR 9.99), which surrounds the
large lake of that name in Lake County,
California. In turn, the Clear Lake
viticultural area is entirely within the
larger, multi-county North Coast
viticultural area (27 CFR 9.30). To
encompass the mountain ridges
surrounding High Valley, a small eastnortheast portion of the proposed High
Valley viticultural area extends beyond
the common eastern boundary of the
two larger areas. The following table
shows the overlapping relationships by
acreage amount and percentage:
At the peak of Round Mountain, this
shared boundary line divides. The
North Coast viticultural area boundary
line runs straight north-northwest,
while the Clear Lake viticultural area
extends straight northwest. TTB has
determined that the difference in
overlapping acreage between the two
viticultural areas, above Round
Mountain, is less than 1 percent when
overlaid with the proposed High Valley
viticultural area boundary lines.
To the east of the North Coast and
Clear Lake viticultural areas’ common
boundary line, the High Valley
viticultural area’s east and northeast
sections extend beyond any established
viticultural area. This 2,622-acre,
predominantly mountainous region
includes the eastern ridges that
surround High Valley, according to the
USGS maps. The east side of Round
Mountain and a small portion of the
valley floor also lie outside the North
Coast and Clear Lake viticultural areas.
This High Valley eastern area, beyond
the North Coast and Clear Lake
boundary line overlap, possesses
distinguishing geographical features
similar to the High Valley’s western
region. The portion of the High Valley
area outside the established Clear Lake
and North Coast viticultural areas
contains the mountainous terrain and
high ridges that make High Valley an
enclosed basin with distinct watershed
boundaries. The valley floor to the east
of Round Mountain is the natural
extension of the valley, with similar
elevations and topography, as noted on
the USGS maps. Soils derived primarily
from basalts occur throughout the High
Valley area from Schindler’s Creek east
to the boundary line.
Boundary Description
Viticultural area
name
Acreage of
area within
High Valley
area
Percentage
of High Valley area in
this area
11,651
11,520
81.6
80.7
2,622
18.4
North Coast ......
Clear Lake ........
Outside any
viticultural
area ...............
The North Coast and Clear Lake
viticultural areas share a portion of their
east boundary line, which runs
diagonally northwest to southeast
through the eastern portion of the
proposed High Valley viticultural area.
This common boundary line extends
straight northwest from the northwest
corner of section 1, T13N, R7W, on the
Benmore Canyon map, which is outside
the High Valley southeastern boundary
line, to Round Mountain in section 21,
T14N, R7W, on the Clearlake Oaks map.
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See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this notice.
Maps
The petitioner(s) provided the
required maps, and we list them below
in the regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed
rulemaking regarding the establishment
of the High Valley viticultural area in
the Federal Register as Notice No. 28 on
January 24, 2005 (70 FR 3328). In that
notice, TTB requested comments by
March 25, 2005, from all interested
persons. TTB received no comments
regarding the proposed High Valley
viticultural area in response to Notice
No. 28.
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TTB Finding
Executive Order 12866
After careful review, TTB finds that
the evidence submitted with the
petition supports the establishment of
the proposed viticultural area.
Therefore, under the authority of the
Federal Alcohol Administration Act and
part 4 of our regulations, we establish
the ‘‘High Valley’’ viticultural area in
Lake County, California, effective 60days from this document’s publication
date.
This rule is not a significant
regulatory action as defined by
Executive Order 12866 (58 FR 51735).
Therefore, it requires no regulatory
assessment.
Drafting Information
Nancy Sutton of the Regulations and
Procedures Division drafted this
document.
List of Subjects in 27 CFR Part 9
Impact on Current Wine Labels
Wine.
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. With the
establishment of this viticultural area
and its inclusion in part 9 of the TTB
regulations, its name, ‘‘High Valley,’’ is
recognized as a name of viticultural
significance. Consequently, wine
bottlers using ‘‘High Valley’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, must ensure that the
product is eligible to use the viticultural
area’s name as an appellation of origin.
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.
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.
Regulatory Flexibility Act
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
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The Regulatory Amendment
For the reasons discussed in the
preamble, we amend 27 CFR, chapter 1,
part 9 as follows:
I
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
I
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Amend subpart C by adding § 9.189
to read as follows:
I
§ 9. 189
High Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘High
Valley’’. For purposes of part 4 of this
chapter, ‘‘High Valley’’ is a term of
viticultural significance.
(b) Approved Maps. The appropriate
maps for determining the boundaries of
the ‘‘High Valley’’ viticultural area are
three United States Geological Survey
(USGS) 1:24,000 scale topographic
maps. They are titled:
(1) Clearlake Oaks Quadrangle,
California—Lake County; edition of
1958; photorevised 1975, minor revision
1994;
(2) Benmore Canyon Quadrangle,
California—Lake County; provisional
edition of 1989, minor revision 1994;
and
(3) Lucerne Quadrangle, California—
Lake County; edition of 1958,
photorevised 1975, minor revision 1994.
(c) Boundary. The High Valley
viticultural area is located in Lake
County, California, near the village of
Clearlake Oaks. The boundary of the
High Valley viticultural area is as
described below:
(1) The point of beginning is on the
Clearlake Oaks map on the northern
boundary line of section 16 (also the
southern boundary of the Mendocino
National Forest), T14N, R8W, at the
intersection of the section line and High
Valley Road;
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38001
(2) From the beginning point, proceed
due east 2.4 miles along the northern
boundary lines of sections 16, 15, and
14 (also the southern boundary of the
Mendocino National Forest) to the
northeast corner of section 14, T14N,
R8W; then
(3) Proceed straight east-southeast
3.15 miles to the intersection of the
2,000-foot elevation line and the eastern
boundary of section 17, T14N, R7W;
then
(4) Proceed easterly 2.7 miles along
the meandering 2,000-foot elevation line
to its first intersection with the eastern
boundary of section 22, T14N, R7W, on
the Benmore Canyon map; then
(5) Proceed due south approximately
300 feet along the eastern boundary of
section 22, T14N, R7W, to its
intersection with the headwaters of the
north branch of the Salt Canyon Creek;
then
(6) Proceed easterly 0.4 mile along the
north branch of the Salt Canyon Creek
to its intersection with the 1,600-foot
elevation line in section 23, T14N, R7W;
then
(7) Proceed southerly along the
meandering 1,600-foot elevation line 4.1
miles to its intersection with State Route
20, just north of Sweet Hollow Creek, in
section 35, T14N, R7W; then
(8) Proceed southwest and then west
1.7 miles on State Route 20 to its
intersection with the 1,600-foot
elevation line just northwest of BM
1634, Wye, in section 3, T13N, R7W;
then
(9) Proceed westerly 15.2 miles along
the meandering 1,600-foot elevation
line, crossing the Clearlake Oaks map, to
the elevation line’s intersection with an
unnamed intermittent stream in Pierce
Canyon in the northeast quadrant of
section 20, approximately 0.4 mile east
of VABM 2533, T14N, R8W, on the
Lucerne map; then
(10) Proceed northerly and then
northeasterly along the unnamed
intermittent stream in Pierce Canyon
and then the stream’s northern fork
approximately 1.6 miles to the northern
fork’s intersection with the 3,000-foot
elevation line in section 16, T14N, R8W,
on the Clearlake Oaks map; and then
(11) Proceed straight northeast 0.15
mile, returning to the beginning point.
Signed: May 17, 2005.
John J. Manfreda,
Administrator.
Approved: May 27, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–13042 Filed 6–30–05; 8:45 am]
BILLING CODE 4810–31–P
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–29; Re: Notice No. ATF–967]
RIN 1513–AA45
Establishment of Alexandria Lakes
Viticultural Area (2002R–152P)
Alcohol and Tobacco Tax and
Trade Bureau, Department of the
Treasury.
ACTION: Final rule; treasury decision.
AGENCY:
SUMMARY: This Treasury decision
establishes the Alexandria Lakes
viticultural area in Douglas County,
Minnesota. 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.
DATES: Effective Date: August 1, 2005.
FOR FURTHER INFORMATION CONTACT: Lisa
M. Gesser of the Regulations and
Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O.
Box 128, Morganza, MD 20660; 301–
290–1460.
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
product identity and prohibits the use of
misleading information on those labels.
The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographic origin. The establishment of
viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical 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.
Alexandria Lakes Petition and
Rulemaking
Robert G. Johnson, on behalf of Carlos
Creek Winery, filed a petition proposing
the establishment of Alexandria Lakes
as an American viticultural area. The
proposed viticultural area is located in
Douglas County, Minnesota, and
encompasses approximately 17 square
miles. Six freshwater lakes surround the
area.
Below, we summarize the evidence
presented in the petition.
Definition
Name Evidence
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
The petitioner submitted the
following items as evidence that the
area is locally and nationally known as
Alexandria Lakes.
• The ‘‘2002 Official Visitors Guide’’
for the Alexandria Lakes area, which the
Alexandria Lakes Area Chamber of
Commerce published. This Guide refers
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to the area as the ‘‘Alexandria Lakes
Area.’’
• Several brochures that refer to the
area as the ‘‘Alexandria Lakes Area.’’
• A letter from the Alexandria Lake
Area Sanitary District referring to the
area as the ‘‘Alexandria Lake Area.’’
Boundary Evidence
The boundaries of the Alexandria
Lakes viticultural area, located in
Douglas County, Minnesota, do not
encompass the entire land mass known
by that name. According to the
petitioner, current viticulture and a
unique microclimate limit the
boundaries to those he proposed. The
petitioner also indicates that certain
geographical features help define the
viticultural area’s borders. We discuss
these features further below.
Geologic Features
The petitioner states that glacial
activity, which occurred 10,000 years
ago at the end of the last ice age, formed
the proposed Alexandria Lakes
viticultural area. The soil is unique,
because the glacial activity gouged it
from the surrounding areas. The steep
glacial erosion produced a
geographically isolated area that the
region’s deepest glacial lakes surround.
These lakes are not only the deepest, but
also, by volume, the largest in the
region.
The petitioner states that the most
abundant soils within in the proposed
Alexandria Lakes viticultural area are of
the Nebish-Beltrami association. This
association is unique in that it makes up
only 5 percent of the soils in Douglas
County. The U.S. Department of
Agriculture Soil Conservation Service
(USDASCS) defines this soil as deep
and well to moderately well drained.
The petitioner states that vegetation in
the area survives on poorer soils and has
broader root systems than vegetation in
surrounding regions. As evidence of
this, the petitioner refers to the high
concentration of hardwood trees in the
proposed Alexandria Lakes viticultural
area.
By contrast, the USDASCS defines the
opposing lakeshores’ soil, just west and
north of the viticultural area, as
belonging to the Waukon-Flom
association, which they describe as
poorly drained. The petitioner indicates
that these are alluvial wash plains
containing heavy lomis soils and low
wetlands.
The USDASCS defines the soil
associations on the opposing shores just
south and east of the proposed
Alexandria Lakes viticultural area as
belonging to the Arvilla-Sverdrup
association. These soils formed in sand
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 37998-38002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13042]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-30; Re: Notice No. 28]
RIN 1513-AA79
Establishment of the High Valley Viticultural Area (2003R-361P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision establishes the 14,000-acre High Valley
viticultural area in Lake County, California. 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.
DATES: Effective Date: August 1, 2005.
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.
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 such
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;
[[Page 37999]]
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, 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.
High Valley Petition and Rulemaking
General Background
TTB received a petition from Kevin Robinson of the Brassfield
Estate Winery proposing a new viticultural area to be called ``High
Valley'' in Lake County, California. Located above the eastern shore of
Clear Lake near the village of Clearlake Oaks, about 85 miles north of
San Francisco, the proposed 14,000-acre viticultural area has
approximately 1,000 acres planted to vines.
The proposed High Valley viticultural area boundary encompasses the
largely enclosed, elongated bowl-shaped High Valley basin and the
surrounding mountain ridges. The area measures about 8.5 miles east-to-
west and 3 miles north-to-south, with elevations between 1,600 and
about 3,000 feet. Early viticultural efforts in the High Valley area
ceased with Prohibition, and walnuts, prunes, green beans, and other
crops became the area's popular agricultural commodities. Approximately
25 very old ``centennial vines'' (possibly zinfandel) still exist on
the southeast ridge above the valley floor.
Below, we summarize the evidence presented in the petition.
Name Evidence
``High Valley'' is the officially recognized name of the elongated
bowl-shaped valley encompassed by the proposed High Valley viticultural
area, as shown on the Clearlake Oaks, California, USGS Quadrangle map
and on the California State Automobile Association's ``Mendocino and
Sonoma Coast Region'' map of February 1999. Both maps also show High
Valley Ridge and High Valley Road within the proposed viticultural
area's boundary. The petition states that ``High Valley'' is the
popularly and historically recognized name for the valley. In addition,
the 2002 SBC Pacific Bell Directory lists three local businesses that
incorporate ``High Valley'' into their name, and ``High Valley
Memories,'' a 1960 manuscript by Tom Butler describing the valley's
history, is on file at the Lake County Historical Courthouse Museum.
Boundary Evidence
High Valley is enclosed by surrounding mountain ridges, which
topographically isolate High Valley from the surrounding region and
form the valley's natural boundary. The proposed High Valley
viticultural area boundary largely follows these surrounding ridges.
The ridges surrounding High Valley create a mountainside grape-growing
environment not found beyond the boundaries of the viticultural area.
The majority of the High Valley area's vineyards are planted on these
highland slopes, with the remainder on the western valley floor.
The floor of High Valley has a minimum elevation of 1,600 feet,
which is higher than other nearby valleys and flats. Based on the
relevant USGS maps, the table below shows the lower elevations found in
the valleys and flats nearest to the proposed High Valley viticultural
area.
------------------------------------------------------------------------
Elevation
Geographic region Direction from High in feet on
Valley boundary USGS map
------------------------------------------------------------------------
Clear Lake.......................... West................. 1,326
Long Valley......................... North................ 1,200
North Fork of Cache Creek........... East................. 1,100
Clearlake Oaks Township............. South................ 1,400
------------------------------------------------------------------------
Distinguishing Features
Topography
High Valley is an elongated, bowl-shaped basin, which is largely
enclosed and topographically isolated from surrounding regions by high
surrounding mountain ridges. As shown on USGS maps, the valley floor is
generally between 1,700 and 1,800 feet in elevation, while, to the
north, High Valley Ridge rises to over 3,000 feet. To the east, south,
and west, the surrounding ridges average between 2,200 and 2,400 in
elevation. The lowest elevation within the High Valley viticultural
area is at the 1,600-foot contour line, which forms part of the area's
southern boundary.
The only drainage outlet from High Valley is Schindler Creek, which
flows south through a gap in the mountain ridge between the valley and
Clear Lake on the viticultural area's southern side. In addition to its
topographic isolation, High Valley has an east and west orientation,
which is rarely found in the northern California Coastal Ranges. This
orientation contributes to some of the distinctive climatic features of
the High Valley area.
Climate
The proposed High Valley viticultural area's climate is cooler than
the surrounding viticultural areas of Lake County, according to weather
station data collected from several locations within the High Valley
viticultural area, including vineyards on the area's southeastern and
western mountain ridges, and on the eastern and western portions of the
valley floor. The Winkler degree-day heat summation method of climate
classification classifies High Valley as a Region 3 climate and
occasionally as a cooler Region 2, depending upon the year and a
vineyard's location within the area. (Each degree of a day's mean
temperature that is above 50 degrees F, which is the minimum
temperature required for grapevine growth, is counted as one degree
day; see ``General Viticulture,'' Albert J. Winkler, University of
California Press, 1975.) Amber Knolls, a grape-growing region
approximately 5 miles west of High Valley's boundary line, has
consistently warmer growing season temperatures, and is frequently a
Region 4 climate in the degree-day classification system.
High Valley's cool growing climate results from the valley's east-
west orientation, the surrounding ridge topography, and the perpetual
``wind machine'' generated from the Clear Lake basin. The high east-
west ridges above the valley trap the cooling afternoon breezes as they
blow in from the Clear Lake basin. Also, the cooling mountain-valley
winds from the higher northern elevations of the Mendocino National
Forest drift down the ridges to the valley floor. The High Valley area
is one of the coolest grape-growing regions in Lake County, with a
frost season that frequently extends into June. The grape varietals
planted in the High Valley area reflect this cooler and shorter growing
season.
The petition noted the wide variation in annual precipitation in
High Valley between the years 2000 and May 2003, and did not provide
extensive rainfall data to show it as a distinguishing viticultural
factor. The High Valley area received 18 inches of precipitation in
both 2000 and 2001, 29 inches in 2002, and 35 inches from January
through May 2003. In recent years, other Lake County grape-growing
regions received more precipitation than the High Valley viticultural
area, and the petition listed
[[Page 38000]]
the following average precipitation amounts: Red Hills, 24 to 40
inches; Kelseyville, 46 inches; and the Putah Creek basin, 47 inches.
Geology
Originally a small east-west trending fault basin with drainage to
the east, volcanic activity altered High Valley's shape and created a
series of high ridges along its eastern side, forming the valley's
largely enclosed basin and redirecting the valley's drainage southward
into Clear Lake. This volcanic activity also created Tule Lake, a small
lake on the valley's central floor, as well as Round Mountain, once an
active volcanic cinder cone rising 400 feet above the northern valley
floor.
The dominant rock types in the proposed High Valley viticultural
area are Jurassic sedimentary rocks of the Franciscan Complex, basalt
flows, and Quaternary volcanic deposits. The Franciscan Complex forms
the base material and most of the exposed rock in the southern ridges
and western portions of High Valley, while the Quaternary volcanics
overlay the basalts found throughout the valley's eastern half. Round
Mountain is a prominent High Valley feature of the Quaternary
volcanics.
Soils
The two primary soil types of High Valley are weathered volcanic
residue and Franciscan Complex weathered sandstone, shale, or phyllitic
rocks. The east side of the area contains soils derived primarily from
volcanics, while the west side contains soils from Jurassic to
Cretaceous sedimentary and phyllitic source material.
The four basic soil formations within the proposed High Valley
viticultural area include: (1) The Franciscan Hills along the area's
southern and western boundaries, (2) the alluvial basin of High Valley,
(3) the alluvial terrace along the southeast boundary, and (4) the
volcanic ridges along the area's northeastern boundary near Round
Mountain.
Wolfcreek loam soil, a very deep well-drained clay to sandy loam
with moderately slow permeability, covers most of the High Valley
floor. The eastern half of the proposed High Valley viticultural area
contains Konocti variants, Konocti, Hambright, Benridge, and Sodabay
Series soils. The Maymen, Hopland, and Mayacama Series soils dominate
the southeast region of the High Valley area. The western hills and
ridges contain primarily Millsholm, Bressa, Hopland, Estel, and Maymen
Series soils.
While the High Valley soils are permeable in mild and moderately-
warm to warm temperatures, soils in the nearby Big Valley allow only
moderately-warm to warm temperature permeation. The soils of High
Valley's slopes and ridges permit excellent drainage, unlike Big
Valley's less favorable soil drainage characteristics. Further, the
vine-planted slopes of the High Valley area incline about 30 percent,
comparatively steeper than the 0 to 2 percent incline of Big Valley
vineyards.
Water Resources
The High Valley area contains aquifers and natural springs to meet
its irrigation needs. The limited capability of Schindler Creek to take
runoff out of High Valley contributes to the valley's unusually high
water table. The springs of the valley's western and eastern mountain
slopes and canyons flow down to the valley floor, which also contains
springs and numerous ponds.
Overlapping Boundaries
The proposed High Valley viticultural area lies almost entirely
within the established Clear Lake viticultural area (27 CFR 9.99),
which surrounds the large lake of that name in Lake County, California.
In turn, the Clear Lake viticultural area is entirely within the
larger, multi-county North Coast viticultural area (27 CFR 9.30). To
encompass the mountain ridges surrounding High Valley, a small east-
northeast portion of the proposed High Valley viticultural area extends
beyond the common eastern boundary of the two larger areas. The
following table shows the overlapping relationships by acreage amount
and percentage:
------------------------------------------------------------------------
Percentage
Acreage of of High
Viticultural area name area within Valley area
High Valley in this
area area
------------------------------------------------------------------------
North Coast................................... 11,651 81.6
Clear Lake.................................... 11,520 80.7
Outside any viticultural area................. 2,622 18.4
------------------------------------------------------------------------
The North Coast and Clear Lake viticultural areas share a portion
of their east boundary line, which runs diagonally northwest to
southeast through the eastern portion of the proposed High Valley
viticultural area. This common boundary line extends straight northwest
from the northwest corner of section 1, T13N, R7W, on the Benmore
Canyon map, which is outside the High Valley southeastern boundary
line, to Round Mountain in section 21, T14N, R7W, on the Clearlake Oaks
map. At the peak of Round Mountain, this shared boundary line divides.
The North Coast viticultural area boundary line runs straight north-
northwest, while the Clear Lake viticultural area extends straight
northwest. TTB has determined that the difference in overlapping
acreage between the two viticultural areas, above Round Mountain, is
less than 1 percent when overlaid with the proposed High Valley
viticultural area boundary lines.
To the east of the North Coast and Clear Lake viticultural areas'
common boundary line, the High Valley viticultural area's east and
northeast sections extend beyond any established viticultural area.
This 2,622-acre, predominantly mountainous region includes the eastern
ridges that surround High Valley, according to the USGS maps. The east
side of Round Mountain and a small portion of the valley floor also lie
outside the North Coast and Clear Lake viticultural areas.
This High Valley eastern area, beyond the North Coast and Clear
Lake boundary line overlap, possesses distinguishing geographical
features similar to the High Valley's western region. The portion of
the High Valley area outside the established Clear Lake and North Coast
viticultural areas contains the mountainous terrain and high ridges
that make High Valley an enclosed basin with distinct watershed
boundaries. The valley floor to the east of Round Mountain is the
natural extension of the valley, with similar elevations and
topography, as noted on the USGS maps. Soils derived primarily from
basalts occur throughout the High Valley area from Schindler's Creek
east to the boundary line.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this notice.
Maps
The petitioner(s) provided the required maps, and we list them
below in the regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed rulemaking regarding the
establishment of the High Valley viticultural area in the Federal
Register as Notice No. 28 on January 24, 2005 (70 FR 3328). In that
notice, TTB requested comments by March 25, 2005, from all interested
persons. TTB received no comments regarding the proposed High Valley
viticultural area in response to Notice No. 28.
[[Page 38001]]
TTB Finding
After careful review, TTB finds that the evidence submitted with
the petition supports the establishment of the proposed viticultural
area. Therefore, under the authority of the Federal Alcohol
Administration Act and part 4 of our regulations, we establish the
``High Valley'' viticultural area in Lake County, California, effective
60-days from this document's publication date.
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. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``High
Valley,'' is recognized as a name of viticultural significance.
Consequently, wine bottlers using ``High Valley'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, must ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
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.
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.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is the result of a proprietor's efforts and
consumer acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
This rule is not a significant regulatory action as defined by
Executive Order 12866 (58 FR 51735). Therefore, it requires no
regulatory assessment.
Drafting Information
Nancy Sutton of the Regulations and Procedures Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9 as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Amend subpart C by adding Sec. 9.189 to read as follows:
Sec. 9. 189 High Valley.
(a) Name. The name of the viticultural area described in this
section is ``High Valley''. For purposes of part 4 of this chapter,
``High Valley'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the ``High Valley'' viticultural area are three United
States Geological Survey (USGS) 1:24,000 scale topographic maps. They
are titled:
(1) Clearlake Oaks Quadrangle, California--Lake County; edition of
1958; photorevised 1975, minor revision 1994;
(2) Benmore Canyon Quadrangle, California--Lake County; provisional
edition of 1989, minor revision 1994; and
(3) Lucerne Quadrangle, California--Lake County; edition of 1958,
photorevised 1975, minor revision 1994.
(c) Boundary. The High Valley viticultural area is located in Lake
County, California, near the village of Clearlake Oaks. The boundary of
the High Valley viticultural area is as described below:
(1) The point of beginning is on the Clearlake Oaks map on the
northern boundary line of section 16 (also the southern boundary of the
Mendocino National Forest), T14N, R8W, at the intersection of the
section line and High Valley Road;
(2) From the beginning point, proceed due east 2.4 miles along the
northern boundary lines of sections 16, 15, and 14 (also the southern
boundary of the Mendocino National Forest) to the northeast corner of
section 14, T14N, R8W; then
(3) Proceed straight east-southeast 3.15 miles to the intersection
of the 2,000-foot elevation line and the eastern boundary of section
17, T14N, R7W; then
(4) Proceed easterly 2.7 miles along the meandering 2,000-foot
elevation line to its first intersection with the eastern boundary of
section 22, T14N, R7W, on the Benmore Canyon map; then
(5) Proceed due south approximately 300 feet along the eastern
boundary of section 22, T14N, R7W, to its intersection with the
headwaters of the north branch of the Salt Canyon Creek; then
(6) Proceed easterly 0.4 mile along the north branch of the Salt
Canyon Creek to its intersection with the 1,600-foot elevation line in
section 23, T14N, R7W; then
(7) Proceed southerly along the meandering 1,600-foot elevation
line 4.1 miles to its intersection with State Route 20, just north of
Sweet Hollow Creek, in section 35, T14N, R7W; then
(8) Proceed southwest and then west 1.7 miles on State Route 20 to
its intersection with the 1,600-foot elevation line just northwest of
BM 1634, Wye, in section 3, T13N, R7W; then
(9) Proceed westerly 15.2 miles along the meandering 1,600-foot
elevation line, crossing the Clearlake Oaks map, to the elevation
line's intersection with an unnamed intermittent stream in Pierce
Canyon in the northeast quadrant of section 20, approximately 0.4 mile
east of VABM 2533, T14N, R8W, on the Lucerne map; then
(10) Proceed northerly and then northeasterly along the unnamed
intermittent stream in Pierce Canyon and then the stream's northern
fork approximately 1.6 miles to the northern fork's intersection with
the 3,000-foot elevation line in section 16, T14N, R8W, on the
Clearlake Oaks map; and then
(11) Proceed straight northeast 0.15 mile, returning to the
beginning point.
Signed: May 17, 2005.
John J. Manfreda,
Administrator.
Approved: May 27, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-13042 Filed 6-30-05; 8:45 am]
BILLING CODE 4810-31-P
