Proposed Establishment of Tracy Hills Viticultural Area (2003R-508P), 72733-72739 [05-23681]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
term ‘‘pure’’ as it relates to those
commodities.
V. Request for Comments
TTB is considering whether to amend
the regulations concerning the use of the
word ‘‘pure’’ or its variants in the
labeling and advertising of alcohol
beverage products. To assist TTB in
identifying and implementing the best
course of action, we wish to gather
information by inviting comments from
the public and industry as to how, if at
all, the existing regulations should be
amended. In addition to general
comments on the issue, we are seeking
comments on the following specific
questions.
A. What does the general public
consider the word ‘‘pure’’ to mean when
used on labels and in advertisements of
alcohol beverage products? Does its use
convey information to the consumer
about the identity and quality of the
product? Does its use convey
information about the alcohol content of
a product?
B. TTB considers variants of the word
‘‘pure’’ such as ‘‘pureness,’’ ‘‘purest,’’
and ‘‘purity’’ to fall within the purview
of the pure regulations. Are these
variants misleading and, if so, should
TTB amend the regulations to prohibit
their use? Should TTB limit the scope
of the pure regulations to the word
‘‘pure’’ only?
C. Would the use of terms or claims
such as ‘‘pure vodka,’’ ‘‘pure whisky,’’
‘‘vodka with exceptional purity’’ on
distilled spirits labels and in
advertisements mislead consumers?
Would the use of similar terms or claims
on wine and malt beverage products
mislead consumers?
D. Should TTB amend the pure
regulations to allow the use of the word
‘‘pure’’ and its variants on distilled
spirits labels and in advertisements if
the statements are truthful? How can
TTB substantiate the truthfulness of
such claims? How should pure be
defined?
E. Should TTB permit the use of the
word ‘‘pure’’ or its variants on distilled
spirits product labels and in
advertisements if those products meet a
certain standard? If so, what should that
standard be?
F. What would be the impact of
allowing the use of these terms?
G. Should TTB prohibit the use of the
word ‘‘pure’’ and its variants on labels
and in advertisements for malt
beverages and wine products? Why or
why not?
VI. Submitting Comments
Please submit your comments by the
closing date shown above in this notice.
VerDate Aug<31>2005
13:00 Dec 06, 2005
Jkt 208001
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;
(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 advance
notice, the petitions, 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 by 11inch 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 advance notice and any comments
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
72733
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.
VII. Drafting Information
Lisa M. Gesser and Joanne C. Brady of
the Regulations and Procedures Division
drafted this advance notice.
Signed: September 29, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–23680 Filed 12–6–05; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Notice No. 54]
RIN 1513–AA89
Proposed Establishment of Tracy Hills
Viticultural Area (2003R–508P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the 39,200-acre Tracy Hills viticultural
area in San Joaquin and Stanislaus
Counties, California, approximately 55
miles east-southeast 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 February 6,
2006.
You may send comments to
any of the following addresses:
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 54, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
ADDRESSES:
E:\FR\FM\07DEP1.SGM
07DEP1
72734
Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
• 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
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 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, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, CA 94952; telephone
415–271–1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide consumers 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.
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
VerDate Aug<31>2005
13:00 Dec 06, 2005
Jkt 208001
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.
Tracy Hills Petition
TTB has received a petition from Sara
Schorske of Compliance Service of
America, Inc., filed on behalf of the
Brown family, owners of a vineyard
near Tracy, California. The petitioner
proposes to establish the 39,200-acre
‘‘Tracy Hills’’ viticultural area south and
southwest of the city of Tracy,
California, in southern San Joaquin and
northern Stanislaus Counties. Located
approximately 55 miles east-southeast
of San Francisco, the proposed Tracy
Hills viticultural area currently
encompasses 1,005 acres of vineyards.
The proposed area is not within, nor
does it include, any other proposed or
established viticultural area. The
distinguishing climatic features of the
proposed viticultural area, the petition
states, include the area’s limited rainfall
and consistent winds, along with its
sparse fog, frost, and dew.
Originally, the petitioner proposed
the name ‘‘Mt. Oso’’ for this viticultural
area. However, after a careful evaluation
of the original petition, TTB concluded,
and advised the petitioner, that the
submitted evidence did not
demonstrate, as required by section
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
9.3(b)(1) of the TTB regulations, that the
proposed viticultural area is locally or
nationally known as Mt. Oso. In
response, the petitioner amended the
petition to propose use of the name
‘‘Tracy Hills’’ for the proposed
viticultural area. The petitioner also has
revised the proposed viticultural area’s
western boundary and submitted
additional evidence to support the
amended petition. We summarize below
the information submitted in support of
the petition.
Name Evidence
The petitioner states that the name
‘‘Tracy,’’ which is used to identify the
city of Tracy, California, and its
surrounding agricultural land, together
with the geographical modifier ‘‘Hills,’’
accurately describes and names the
proposed Tracy Hills viticultural area.
Stating that the name ‘‘Tracy Hills’’ is
‘‘locally and nationally associated with
the proposed area,’’ the petition
discusses the rationale for the Tracy
Hills name and offers examples of its
use for the land within the proposed
viticultural area.
The petition included copies of eight
newspaper articles from the Tracy Press
featuring petitioner Jeff Brown’s Mt. Oso
Vineyards or wines made from its
grapes. The articles list the vineyard’s
location as Tracy, demonstrating,
according to the petition, the close
association between the proposed area’s
vineyards and the ‘‘Tracy’’ name.
However, the petition states that the
use of ‘‘Tracy’’ alone for the proposed
viticultural area does not accurately
describe the area and would mislead
consumers about the specific location of
the area. The proposed viticultural area
includes only a small part of the land
within the Tracy city limits, and it does
not include all the land surrounding the
city of Tracy. Due to differences in
climate, soil, water table levels, and
slope, the land to the north, east, and
southeast of Tracy is excluded from the
proposed viticultural area.
Therefore, the petitioner emphasizes
that it would be misleading and
inaccurate to name the proposed
viticultural area ‘‘Tracy,’’ without the
addition of the ‘‘Hills’’ modifier. In
support of this usage, the petitioner
cites the use of ‘‘Valley’’ as a modifier
in the names of the Napa Valley
viticultural area (27 CFR 9.23), which
surrounds the city of Napa, and the
Temecula Valley viticultural area (27
CFR 9.50), which lies outside the city of
Temecula in southern California.
To further support the use of the
proposed ‘‘Tracy Hills’’ name, the
petitioner notes that the Coast Range
foothills southwest of the city of Tracy,
E:\FR\FM\07DEP1.SGM
07DEP1
Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
the lower elevations of which are
included within the proposed
viticultural area, are informally called
‘‘the Tracy Hills,’’ and the petitioner
provides examples of the name’s
association with the proposed area.
The petition states that ‘‘Tracy Hills’’
is the name of a large real estate
development located on the southwest
side of the city of Tracy along either
side of Interstate Highway 580 (I–580).
Part of the Tracy Hills development, the
petition notes, is within the northern
portion of the proposed Tracy Hills
viticultural area. In 1998, the city of
Tracy annexed the development,
according to a July 7, 2004, Stockton
Record newspaper article, ‘‘Council
Delays Tracy Hills Vote,’’ included in
the revised petition. The revised
petition also included copies of, or
statements from, Federal government
environmental reports from the early
1990s, a 1999 Sierra Club newsletter,
and newspaper articles from the
Sacramento Bee and the Tracy Press that
discuss the Tracy Hills real estate
development and its location, growth,
and impact on local water resources.
In addition, the petition included
evidence of other references to the Tracy
Hills name. For example, the petition
includes a map of the proposed
Northern California Passenger Rail
Network. This map shows a future highspeed rail line running through
Altamont Pass and, east of the pass, a
‘‘Tracy Hills’’ station within the Tracy
Hills development. The petition also
includes information about the ‘‘Tracy
Hills Ride,’’ sponsored by the San
Joaquin Valley Rangers horse
enthusiasts club (www.sjvr.org). This
horseback ride begins and ends within
the proposed area along State Highway
132 (Bird Road), according to club
information included in the petition. A
1995 NASCAR publication, the petition
states, places the reopened Altamont
Raceway ‘‘in the Tracy hills,’’ while a
September 29, 2003, East Bay Business
Times article titled ‘‘Sutter, Kaiser Build
Up Valley Presence,’’ notes that a donor
gave 20 acres ‘‘in the Tracy hills’’ for a
hospital.
Boundary Evidence
Located south and southwest of the
city of Tracy in southern San Joaquin
and northern Stanislaus Counties,
California, the proposed Tracy Hills
viticultural area largely lies between
State Route 33 to the east and Interstate
580 to the west, with a portion of the
area reaching west of the Interstate into
the foothills of the Diablo Mountains.
The proposed area is about 15 miles
long northwest to southeast, and about
5 miles wide east to west.
VerDate Aug<31>2005
13:00 Dec 06, 2005
Jkt 208001
The portion of the Tracy Hills real
estate development appropriate for
viticulture, the petitioner explains, is
included in the northern region of the
proposed Tracy Hills viticultural area.
Other parts of the proposed viticultural
area lie within the rural, San Joaquin
Valley agricultural lands to the
southwest and south of the city of
Tracy, according to the provided USGS
maps and the California State
Automobile Association Central
California map of May 2001.
The boundary of the proposed Tracy
Hills viticultural area, according to the
petitioner, encompasses viticultural
features that distinguish the proposed
area from the regions north, east and
southeast of the city of Tracy. According
to the petitioner, these distinguishing
features include the proposed area’s
microclimate, soils, and slope.
The proposed Tracy Hills viticultural
area, which is nestled between the
lower elevations of the San Joaquin
River valley floor to the east and the
steeper terrain of the Diablo Range to
the west, has east-sloping terrain, as
shown on the provided USGS maps.
The proposed viticultural area boundary
encompasses a 400-foot change in
elevation and includes streams and eastsloping alluvial fans and plains,
according to the petitioner and the
provided USGS maps.
The petitioner notes that the 100-foot
to 500-foot elevation within the
proposed Tracy Hills viticultural area is
distinct from the surrounding areas. To
the west of the proposed boundary line
are the significantly higher elevations
and steep terrain of the Diablo Range, as
noted on USGS maps of the area. To the
north and east are the nearly sea level
flood plains of the San Joaquin River.
The proposed southern boundary line,
according to the petitioner, is the
dividing point between two alluvial
fans.
The petitioner states that the
proposed Tracy Hills viticultural area
soils are predominantly of alluvial
origin from the higher Diablo Range
elevations, beyond the proposed
boundary. While similar to the soils
found to the south, the petitioner
explains that the alluvial soils of the
proposed area are distinct from the
mountainous sedimentary soils to the
west, the organic peat soils to the north,
and the heavy clay soils to the east.
The petitioner also states that the
proposed Tracy Hills viticultural area
has a distinctive microclimate, which
contrasts with the climate found in the
surrounding region. The proposed area,
the petition states, is located within the
rain shadow created by Mt. Oso, which
is located to the proposed area’s
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
72735
southwest in the Diablo Mountains.
This rain shadow effect gives the
proposed viticultural area a drier
climate with less fog, dew, frost, and
hail. Beyond the proposed boundary to
the west, north, and south, the
distinctive differences in geography and
proximity to the Altamont Pass create a
wetter, windier climate, according to the
petition.
Distinguishing Features
Topography
The western portion of the proposed
Tracy Hills viticultural area lies in the
eastern foothills of the Diablo Range,
while the remainder of the proposed
area slopes to the east towards the lower
elevations of the San Joaquin River
valley, according to the provided USGS
maps. This transitional terrain, between
500 feet and 100 feet in elevation,
creates a 400-foot drop within a 3 to 3.7
mile west-to-east span, giving the
proposed area a 2 percent to 2.5 percent
slope, as noted in the petition.
Three intermittent streams, Corral
Hollow, Lone Tree, and Hospital Creeks,
flow east through the proposed Tracy
Hills viticultural area, to the San
Joaquin Valley flood plain, the
petitioner explains. Flowing down from
the higher Diablo Range elevations,
these streams created the alluvial fans
and deposits found within the proposed
Tracy Hills viticultural area.
Climate
The petitioner emphasizes that the
unique climate of the proposed Tracy
Hills viticultural area is its most
distinctive characteristic. The sheltering
effect of Mt. Oso and the Diablo Range,
the marine winds coming through the
Altamont Pass, and the cold air drainage
from the higher mountain elevations,
the petitioner explains, create a
microclimate in the proposed Tracy
Hills area with the lowest annual
rainfall in the Tracy region. The
petitioner adds that these climatic
elements combine to produce a
microclimate with less rain, fog, dew,
and frost than the surrounding areas.
Rainfall
As noted above, the proposed Tracy
Hills viticultural area is located on the
west side of the San Joaquin Valley area
and, therefore, according to the
petitioner, is in the rain shadow of Mt.
Oso in the Diablo Range. This rain
shadow creates an environment with
less precipitation than the surrounding
areas, the petitioner adds. Based on its
proximity to the 3,347-foot sheltering
Mt. Oso peak, the proposed Tracy Hills
viticultural area has 8 to 9 inches of
E:\FR\FM\07DEP1.SGM
07DEP1
72736
Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
annual rain, the petitioner explains,
which is the lowest in the region.
According to the provided San Joaquin
County Soil Survey map, the average
annual precipitation, in inches, in the
surrounding regions of San Joaquin
County is at least 10 inches. Also, at the
higher mountain elevations, about 9
miles west of the proposed boundary
line, the rainfall map shows about 18
inches, or twice the rainfall of the
proposed Tracy Hills viticultural area.
To the north, along the San Joaquin
Valley floor, the precipitation increases
correspond to the longer distances from
the rain shadow, with Stockton at about
13 inches of rain and Lodi at 16 inches
of rain annually, according to the
provided rainfall map.
Temperature
The temperatures found in the
proposed Tracy Hills viticultural area
vary from the surrounding areas,
according to the petitioner. A statistical
table (compiled by Stan Grant of
Progressive Viticulture, Turlock,
California) shows the average annual
heat accumulation at various weather
stations in the greater Tracy region
during the 1990s as measured in degree
days. (Each degree that a day’s mean
temperature 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.)
These 10-year averages reflect lower and
upper threshold temperatures of 50 to
115 degrees F, respectively. All mileages
are according to California State
Automobile Association’s Central
California map of May 2001.
1990–1999 DEGREE DAY AVERAGES
Weather station
Wind
The petitioner explains that the
degree day measurement of heat
accumulation referred to above does not
indicate seasonal vine growth and
development as accurately when fog,
clouds, and a prevailing wind affect the
proposed viticultural area. The
significance of wind is noted in a 1943
USDA Soil Survey of the Tracy area:
Aside from the soil and moisture
conditions, which have the most important
bearing on crops that can be grown in this
area, another factor that has a definite
influence is wind. The wind during certain
San Joaquin .....
Contra Costa ....
San Joaquin .....
Stanislaus .........
Stanislaus .........
On site.
West 23 miles.
North 10 miles.
East 14 miles.
South 22 miles.
Degree days
Tracy-Carbona .......................................................................................................................
Brentwood ..............................................................................................................................
Manteca .................................................................................................................................
Modesto .................................................................................................................................
Newman .................................................................................................................................
Brentwood is closer to the cooling
maritime influences of San Francisco
Bay and the Carquinez Strait, according
to the petitioner, while Manteca is
directly in the path of the cooling
marine winds blowing through the
Altamont Pass. The proposed Tracy
Hills viticultural area is located a short
distance south of Altamont Pass, while
Modesto is about 25 miles south of the
pass. Newman, the warmest region, is
40 miles south of the pass and its
cooling marine winds, the petitioner
states.
County
Direction/
distance from
the proposed
Tracy Hills
viticultural area
4,033
3,776
3,726
4,446
4,498
seasons is very strong, blowing from the
northwest along the western side of the San
Joaquin Valley.
The constant wind of the Altamont
Pass has a cooling effect on vineyards
within the proposed Tracy Hills
viticultural area through evaporation of
moisture on grapevine leaves, according
to the petitioner. The earth-warmed
marine air and winds of the Livermore
Valley blow west-to-east through the
Pass, into the San Joaquin Valley, and
then south, passing directly over the
proposed viticultural area, the petitioner
explains. Also, the down-slope winds
from the Diablo Range have a cooling
climatic influence on the area’s
agriculture.
Frost and Fog
The petitioner states that residents
and workers in the proposed Tracy Hills
viticultural area have observed certain
distinctive climatic characteristics
within the area. Frost is ‘‘unknown,’’ the
petitioner explains, although it occurs
beyond the proposed viticultural area
boundary. Ground fog forms to the
south of the proposed Tracy Hills
viticultural area and gradually extends
north, according to the petitioner. If the
fog does invade the proposed area at all,
the petitioner notes that it is usually
short-lived.
Soil
As noted in the soil maps submitted
with the petition, the soils in the
proposed Tracy Hills viticultural area
are recent alluvial deposits from the
intermittent streams flowing down from
the upper elevations of the Diablo Range
to the San Joaquin Valley floor. The
geologic fans and fan terraces found
along the Corral Hollow, Hospital and
Lonetree Creeks meld into one vast
alluvial plain, according to the San
Joaquin County Soil Survey.
The soils found on this alluvial plain
are very deep, well-drained to
moderately well-drained, and have
water tables deeper than six feet. Silty
and clay soils are found at the lower
elevations of this alluvial plain, while at
its higher elevations, soils are generally
gravelly and the alluvial deposits are
eroded with deep drainage cuts. The
principal soils are listed in the table
below.
SOIL TYPES IN PROPOSED TRACY HILLS VITICULTURAL AREA
Elevation
(in feet)
Soil type
Location
Carbona clay loam .......................................................................
Zacharias gravelly clay loam ........................................................
Stomar clay loam ..........................................................................
El Solyo clay loam ........................................................................
Uplifted, dissected terraces ..........................................................
Alluvial fans, low stream terraces ................................................
Alluvial fans ..................................................................................
Alluvial fans ..................................................................................
VerDate Aug<31>2005
13:00 Dec 06, 2005
Jkt 208001
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
E:\FR\FM\07DEP1.SGM
07DEP1
500–130
300–50
300–40
300–60
Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
72737
SOIL TYPES IN PROPOSED TRACY HILLS VITICULTURAL AREA—Continued
Elevation
(in feet)
Soil type
Location
Vernalis clay loam ........................................................................
Vernalis-Zacharias complex .........................................................
Capay clay ....................................................................................
Capay clay, wet ............................................................................
Alluvial fans ..................................................................................
Alluvial fans ..................................................................................
Interfan basins ..............................................................................
Interfan basins ..............................................................................
Beyond the boundary of the proposed
Tracy Hills viticultural area, the soils
and their origins differ, according to the
petitioner. To the north are the lowelevation organic peat soils of the
Sacramento-San Joaquin Delta region.
To the east, and generally below the
100-foot elevation, are heavy clay soils
with higher water tables created by
irrigation and proximity to the San
Joaquin River. To the south, the soils
and terrain are similar to the proposed
Tracy Hills viticultural area, with the
proposed boundary line primarily
defining the border between the alluvial
fans of Hospital Creek, which is within
the proposed viticultural area, and
Ingram Creek, which is further to the
south. To the west, and above the 500foot elevation in the upper foothills of
the Diablo Range, the soils are primarily
gravelly, older alluvial deposits. Also to
the west, the soils are rolling to very
steep and situated on terrain of uplifted,
dissected terraces and mountains,
developed on bedrock.
Boundary Description
See the narrative boundary
description of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this notice.
Maps
The petitioner provided the required
maps, and we list them below in the
proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. If we
establish this proposed viticultural area,
its name, ‘‘Tracy Hills,’’ will be
recognized as a name of viticultural
significance. Consequently, wine
bottlers using ‘‘Tracy Hills’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, will have to ensure that the
product is eligible to use the viticultural
area’s name as an appellation of origin.
On the other hand, we do not believe
that any single part of the proposed
viticultural area name standing alone,
such as ‘‘Tracy,’’ would have
VerDate Aug<31>2005
13:00 Dec 06, 2005
Jkt 208001
viticultural significance if the new
viticultural area were to be established.
Accordingly, the proposed part 9
regulatory text set forth in this
document specifies only the full ‘‘Tracy
Hills’’ 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 requirements of 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 ‘‘Tracy Hills’’ for a wine that does
not meet the 85 percent standard, the
new label will not be approved, and the
previously approved label will be
subject to revocation, upon the effective
date of the approval of the Tracy Hills
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,
climatic, boundary, and other required
information submitted in support of the
petition. In particular, we are concerned
about the adequacy of the petition’s
name evidence. Accordingly, we are
seeking information in this regard from
persons familiar with the area as to
whether the ‘‘Tracy Hills’’ name
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
300–25
250–25
200–30
140–25
reasonably applies to the entire region
encompassed within the boundary of
the proposed viticultural area, and, if
not, whether any suitable alternative
names exist for the proposed area.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Tracy
Hills viticultural area on brand labels
that include the words ‘‘Tracy Hills’’ as
discussed above under Impact on
Current Wine Labels, we also are
particularly interested in comments
regarding whether there will be a
conflict between the proposed 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.
Although TTB believes that only the
full name ‘‘Tracy Hills’’ should be
considered to have viticultural
significance upon establishment of the
proposed viticultural area, we also
invite comments from those who believe
that ‘‘Tracy’’ standing alone would have
viticultural significance. Comments in
this regard should include
documentation or other information
supporting the conclusion that use of
‘‘Tracy’’ on a wine label could cause
consumers and vintners to attribute to
the wine in question the quality,
reputation, or other characteristic of
wine made from grapes grown in the
proposed Tracy Hills viticultural area.
Submitting Comments
Please submit your comments by the
closing date shown above in the 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 regard all comments as
originals.
E:\FR\FM\07DEP1.SGM
07DEP1
72738
Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
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;
(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 by
telephone at 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
VerDate Aug<31>2005
13:00 Dec 06, 2005
Jkt 208001
copy of this notice and the submitted
comments, 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
Rulings Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend 27 CFR,
chapter 1, part 9, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
2. Amend subpart C by adding
§ 9.ll to read as follows:
Subpart C—Approved American
Viticultural Areas
§ 9.ll
Tracy Hills
(a) Tracy Hills. The name of the
viticultural area described in this
section is ‘‘Tracy Hills’’. For purposes of
part 4 of this chapter, ‘‘Tracy Hills’’ is
a term of viticultural significance.
(b) Approved Maps. The appropriate
maps for determining the boundary of
the Tracy Hills viticultural area are five
United States Geological Survey
1:24,000 scale topographic maps. They
are titled:
(1) Tracy, Calif., 1954, photorevised
1981;
(2) Vernalis, Calif., 1991;
(3) Solyo, Calif., 1953, photorevised
1971, photoinspected 1978;
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
(4) Lone Tree Creek, Calif., 1955,
photorevised 1971; and
(5) Midway Calif., 1953, photorevised
1980.
(c) Boundary. The Tracy Hills
viticultural area is located in
southwestern San Joaquin County and
northwestern Stanislaus County. The
boundary of the Tracy Hills viticultural
area is defined as follows—
(1) The point of beginning is on the
Tracy map at the intersection of the
Delta-Mendota Canal and Lammers
Ferry Road, along the western boundary
line of section 6, T3S/R5E. From that
point, proceed 0.4 mile generally
southeast along the Delta-Mendota
Canal to its intersection with the
Western Pacific railway line along the
southern boundary line of section 6,
T3S, R5E (Tracy map); then
(2) Proceed 5.6 miles straight east
along the Western Pacific railway line
and then along Linne Road to the
intersection of Linne Road and Lehman
Road, along the northern boundary line
of section 12, T3S, R5E (Vernalis map);
then
(3) Proceed 1.5 miles straight south
and then east along Lehman Road to its
intersection with Bird Road at the
southeast corner of section 12, T3S, R5E
(Vernalis map); then
(4) Proceed 1 mile straight south along
Bird Road to its intersection with
Durham Ferry Road at the southeast
corner of section 13, T3S, R5E (Vernalis
map); then
(5) Proceed 1.9 miles straight east
along Durham Ferry Road to its
intersection with State Highway 33
along the northern boundary line of
section 20, T3S, R6E (Vernalis map);
then
(6) Proceed 5.1 miles straight
southeast along State Highway 33,
passing the hamlet of Vernalis, to the
highway’s intersection with McCracken
Road along the eastern boundary of
section 2, T4S, R6E (Solyo map); then
(7) Proceed 3.4 miles straight south
along McCracken Road to its
intersection with Hamilton Road at the
southeast corner of section 23, T4S, R6E
(Solyo map); then
(8) Proceed 2.4 miles straight west
along the southern boundary lines of
sections 23, 22 and 21, T4S, R6E,
crossing the Delta-Mendota Canal and
the California Aqueduct, to the junction
of the southern boundary of section 21,
the 500-foot elevation line, and the
western-most transmission line, (Solyo
map); then
(9) Proceed 4.2 miles generally
northwest along the meandering 500foot elevation line to section 18, T4S,
R6E, where the 500-foot elevation line
crosses all of the transmission lines and
E:\FR\FM\07DEP1.SGM
07DEP1
Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Proposed Rules
then continues northwest a short
distance to the eastern-most
transmission line in the northwest
quadrant of section 18, T4S, R6E, (Solyo
map); then
(10) Proceed 8.45 miles straight
northwest along the eastern-most
transmission line, crossing from the
Solyo map, over the Lone Tree Creek
map, to the Tracy map, and continue to
the transmission line’s intersection with
the western boundary of section 19,
T3S, R5W, about 0.7 mile northnortheast of Black Butte (Tracy map);
then
(11) Proceed in a straight line 2 miles
northwest to the line’s intersection with
the 500-foot elevation line, immediately
north of an unimproved road, at about
the mid-point of the western boundary
line of section 12, T3S, R4E (Tracy
map); then
(12) Proceed 0.65 mile straight north
along with western boundaries of
section 12 and section 3 to the section
line’s intersection with Interstate 580,
section 3, T3S, R4E (Tracy map); then
(13) Proceed 0.8 mile straight
northwest along Interstate 580 highway
to its intersection with the Western
Pacific railway in section 2, T3S, R4E
(Midway map); then
(14) Proceed easterly 0.7 mile along
the Western Pacific railway to its
intersection with the eastern boundary
line of section 2, T3S, R4E (Tracy map);
and
(15) Proceed east for 1 mile in a
straight line, returning to the point of
beginning at the intersection of DeltaMendota Canal and Lammers Ferry
Road (Tracy map).
Signed: November 3, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05–23681 Filed 12–6–05; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
31 CFR Part 1
Privacy Act; Proposed Implementation
Internal Revenue Service,
Treasury.
ACTION: Proposed rule.
AGENCY:
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
as amended, the Department of the
Treasury gives notice of a proposed
amendment to this part to exempt a new
Internal Revenue Service (IRS) system of
records entitled ‘‘IRS 50.222 Tax
Exempt/Government Entities (TE/GE)
Case Management Records’’ from certain
provisions of the Privacy Act.
VerDate Aug<31>2005
13:00 Dec 06, 2005
Jkt 208001
Comments must be received no
later than January 6, 2006. You may also
submit comments through the Federal
rulemaking portal at https://
www.regulations.gov (follow the
instructions for submitting comments).
ADDRESSES: Please submit comments to
the Office of Governmental Liaison and
Disclosure, 1111 Constitution Avenue,
NW., Washington, DC 20224. Comments
will be made available for inspection at
the IRS Freedom of Information Reading
Room (Room 1621), at the above
address. The telephone number for the
Reading Room is (202) 622–5164.
FOR FURTHER INFORMATION CONTACT:
Telephonic inquiries should be directed
to Marianne Davis, Program Analyst,
Internal Revenue Service, Tax Exempt/
Government Entities Division (TE/GE),
at telephone number (949) 389–4304.
Written inquiries should be directed to
Robert Brenneman, TE/GE Reporting
and Electronic Examination System
(TREES) Project Manager, at Internal
Revenue Service, TE/GE Business
Systems Planning (SE:T:BSP), 1111
Constitution Avenue, NW., Attn: PE–
6M4, Washington, DC 20224.
SUPPLEMENTARY INFORMATION: Under 5
U.S.C. 552a(k)(2), the head of an agency
may promulgate rules to exempt a
system of records from certain
provisions of 5 U.S.C. 552a if the system
contains investigatory material
compiled for law enforcement purposes.
The IRS is hereby giving notice of a
proposed rule to exempt ‘‘IRS 50.222
Tax Exempt/Government Entities (TE/
GE) Case Management Records’’ from
certain provisions of the Privacy Act of
1974, pursuant to 5 U.S.C. 552a(k)(2).
The proposed exemption is from
provisions 552a(c)(3), (d) (1), (2), (3) and
(4), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I),
and (f) because the system contains
investigatory material compiled for law
enforcement purposes. A proposed
notice to establish the Privacy Act
system of records will be published
separately in the Federal Register.
The following are the reasons why
this system of records maintained by the
IRS is exempt pursuant to 5 U.S.C.
552a(k)(2) of the Privacy Act of 1974:
(1) 5 U.S.C. 552a(c)(3). These
provisions of the Privacy Act provide
for the release of the disclosure
accounting required by 5 U.S.C.
552a(c)(1) and (2) to the individual
named in the record at his/her request.
The reasons for exempting this system
of records from the foregoing provisions
are:
(i) The release of disclosure
accounting would put the tax exempt or
government entity subject to
investigation, or individuals connected
DATES:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
72739
with those entities, on notice that an
investigation exists and that such
person is the subject of that
investigation.
(ii) Such release would provide the
tax exempt or government entity subject
to investigation, or individuals
connected with those entities, with an
accurate accounting of the date, nature,
and purpose of each disclosure and the
name and address of the person or
agency to which disclosure was made.
The release of such information to the
individual covered by the system would
provide the individual or entity subject
to investigation with significant
information concerning the nature of the
investigation and could result in the
altering or destruction of documentary
evidence, the improper influencing of
witnesses, and other activities that
could impede or compromise the
investigation. In the case of a delinquent
account, such release might enable the
subject of the investigation to dissipate
assets before levy.
(iii) Release to the individual of the
disclosure accounting would alert the
individual as to which agencies were
investigating the tax exempt or
government entity subject to
investigation, would provide
information concerning the scope of the
investigation, and could aid the
individual in impeding or
compromising investigations by those
agencies.
(2) 5 U.S.C. 552a (d) (1), (2), (3) and
(4), (e) (4) (G), (e) (4) (H), and (f). These
provisions of the Privacy Act relate to
an individual’s right to be notified of:
The existence of records pertaining to
such individual; requirements for
identifying an individual who requested
access to records; the agency procedures
relating to access to records; the content
of the information contained in such
records; and the civil remedies available
to the individual in the event of adverse
determinations by an agency concerning
access to or amendment of information
contained in record systems.
The reasons for exempting this system
of records from the foregoing provisions
are as follows:
Notifying an individual (at the
individual’s request) of the existence of
an investigative file pertaining to such
individual or granting access to an
investigative file pertaining to such
individual could: Interfere with
investigative and enforcement
proceedings; deprive co-defendants of a
right to a fair trial or an impartial
adjudication; constitute an unwarranted
invasion of the personal privacy of
others; disclose the identity of
confidential sources and reveal
confidential information supplied by
E:\FR\FM\07DEP1.SGM
07DEP1
]]>Agencies
[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Proposed Rules]
[Pages 72733-72739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23681]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 54]
RIN 1513-AA89
Proposed Establishment of Tracy Hills Viticultural Area (2003R-
508P)
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 39,200-acre Tracy Hills viticultural area in San Joaquin
and Stanislaus Counties, California, approximately 55 miles east-
southeast 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 February 6, 2006.
ADDRESSES: You may send comments to any of the following addresses:
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 54, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
[[Page 72734]]
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 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 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, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 94952; telephone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers 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.
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;
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.
Tracy Hills Petition
TTB has received a petition from Sara Schorske of Compliance
Service of America, Inc., filed on behalf of the Brown family, owners
of a vineyard near Tracy, California. The petitioner proposes to
establish the 39,200-acre ``Tracy Hills'' viticultural area south and
southwest of the city of Tracy, California, in southern San Joaquin and
northern Stanislaus Counties. Located approximately 55 miles east-
southeast of San Francisco, the proposed Tracy Hills viticultural area
currently encompasses 1,005 acres of vineyards. The proposed area is
not within, nor does it include, any other proposed or established
viticultural area. The distinguishing climatic features of the proposed
viticultural area, the petition states, include the area's limited
rainfall and consistent winds, along with its sparse fog, frost, and
dew.
Originally, the petitioner proposed the name ``Mt. Oso'' for this
viticultural area. However, after a careful evaluation of the original
petition, TTB concluded, and advised the petitioner, that the submitted
evidence did not demonstrate, as required by section 9.3(b)(1) of the
TTB regulations, that the proposed viticultural area is locally or
nationally known as Mt. Oso. In response, the petitioner amended the
petition to propose use of the name ``Tracy Hills'' for the proposed
viticultural area. The petitioner also has revised the proposed
viticultural area's western boundary and submitted additional evidence
to support the amended petition. We summarize below the information
submitted in support of the petition.
Name Evidence
The petitioner states that the name ``Tracy,'' which is used to
identify the city of Tracy, California, and its surrounding
agricultural land, together with the geographical modifier ``Hills,''
accurately describes and names the proposed Tracy Hills viticultural
area. Stating that the name ``Tracy Hills'' is ``locally and nationally
associated with the proposed area,'' the petition discusses the
rationale for the Tracy Hills name and offers examples of its use for
the land within the proposed viticultural area.
The petition included copies of eight newspaper articles from the
Tracy Press featuring petitioner Jeff Brown's Mt. Oso Vineyards or
wines made from its grapes. The articles list the vineyard's location
as Tracy, demonstrating, according to the petition, the close
association between the proposed area's vineyards and the ``Tracy''
name.
However, the petition states that the use of ``Tracy'' alone for
the proposed viticultural area does not accurately describe the area
and would mislead consumers about the specific location of the area.
The proposed viticultural area includes only a small part of the land
within the Tracy city limits, and it does not include all the land
surrounding the city of Tracy. Due to differences in climate, soil,
water table levels, and slope, the land to the north, east, and
southeast of Tracy is excluded from the proposed viticultural area.
Therefore, the petitioner emphasizes that it would be misleading
and inaccurate to name the proposed viticultural area ``Tracy,''
without the addition of the ``Hills'' modifier. In support of this
usage, the petitioner cites the use of ``Valley'' as a modifier in the
names of the Napa Valley viticultural area (27 CFR 9.23), which
surrounds the city of Napa, and the Temecula Valley viticultural area
(27 CFR 9.50), which lies outside the city of Temecula in southern
California.
To further support the use of the proposed ``Tracy Hills'' name,
the petitioner notes that the Coast Range foothills southwest of the
city of Tracy,
[[Page 72735]]
the lower elevations of which are included within the proposed
viticultural area, are informally called ``the Tracy Hills,'' and the
petitioner provides examples of the name's association with the
proposed area.
The petition states that ``Tracy Hills'' is the name of a large
real estate development located on the southwest side of the city of
Tracy along either side of Interstate Highway 580 (I-580). Part of the
Tracy Hills development, the petition notes, is within the northern
portion of the proposed Tracy Hills viticultural area. In 1998, the
city of Tracy annexed the development, according to a July 7, 2004,
Stockton Record newspaper article, ``Council Delays Tracy Hills Vote,''
included in the revised petition. The revised petition also included
copies of, or statements from, Federal government environmental reports
from the early 1990s, a 1999 Sierra Club newsletter, and newspaper
articles from the Sacramento Bee and the Tracy Press that discuss the
Tracy Hills real estate development and its location, growth, and
impact on local water resources.
In addition, the petition included evidence of other references to
the Tracy Hills name. For example, the petition includes a map of the
proposed Northern California Passenger Rail Network. This map shows a
future high-speed rail line running through Altamont Pass and, east of
the pass, a ``Tracy Hills'' station within the Tracy Hills development.
The petition also includes information about the ``Tracy Hills Ride,''
sponsored by the San Joaquin Valley Rangers horse enthusiasts club
(www.sjvr.org). This horseback ride begins and ends within the proposed
area along State Highway 132 (Bird Road), according to club information
included in the petition. A 1995 NASCAR publication, the petition
states, places the reopened Altamont Raceway ``in the Tracy hills,''
while a September 29, 2003, East Bay Business Times article titled
``Sutter, Kaiser Build Up Valley Presence,'' notes that a donor gave 20
acres ``in the Tracy hills'' for a hospital.
Boundary Evidence
Located south and southwest of the city of Tracy in southern San
Joaquin and northern Stanislaus Counties, California, the proposed
Tracy Hills viticultural area largely lies between State Route 33 to
the east and Interstate 580 to the west, with a portion of the area
reaching west of the Interstate into the foothills of the Diablo
Mountains. The proposed area is about 15 miles long northwest to
southeast, and about 5 miles wide east to west.
The portion of the Tracy Hills real estate development appropriate
for viticulture, the petitioner explains, is included in the northern
region of the proposed Tracy Hills viticultural area. Other parts of
the proposed viticultural area lie within the rural, San Joaquin Valley
agricultural lands to the southwest and south of the city of Tracy,
according to the provided USGS maps and the California State Automobile
Association Central California map of May 2001.
The boundary of the proposed Tracy Hills viticultural area,
according to the petitioner, encompasses viticultural features that
distinguish the proposed area from the regions north, east and
southeast of the city of Tracy. According to the petitioner, these
distinguishing features include the proposed area's microclimate,
soils, and slope.
The proposed Tracy Hills viticultural area, which is nestled
between the lower elevations of the San Joaquin River valley floor to
the east and the steeper terrain of the Diablo Range to the west, has
east-sloping terrain, as shown on the provided USGS maps. The proposed
viticultural area boundary encompasses a 400-foot change in elevation
and includes streams and east-sloping alluvial fans and plains,
according to the petitioner and the provided USGS maps.
The petitioner notes that the 100-foot to 500-foot elevation within
the proposed Tracy Hills viticultural area is distinct from the
surrounding areas. To the west of the proposed boundary line are the
significantly higher elevations and steep terrain of the Diablo Range,
as noted on USGS maps of the area. To the north and east are the nearly
sea level flood plains of the San Joaquin River. The proposed southern
boundary line, according to the petitioner, is the dividing point
between two alluvial fans.
The petitioner states that the proposed Tracy Hills viticultural
area soils are predominantly of alluvial origin from the higher Diablo
Range elevations, beyond the proposed boundary. While similar to the
soils found to the south, the petitioner explains that the alluvial
soils of the proposed area are distinct from the mountainous
sedimentary soils to the west, the organic peat soils to the north, and
the heavy clay soils to the east.
The petitioner also states that the proposed Tracy Hills
viticultural area has a distinctive microclimate, which contrasts with
the climate found in the surrounding region. The proposed area, the
petition states, is located within the rain shadow created by Mt. Oso,
which is located to the proposed area's southwest in the Diablo
Mountains. This rain shadow effect gives the proposed viticultural area
a drier climate with less fog, dew, frost, and hail. Beyond the
proposed boundary to the west, north, and south, the distinctive
differences in geography and proximity to the Altamont Pass create a
wetter, windier climate, according to the petition.
Distinguishing Features
Topography
The western portion of the proposed Tracy Hills viticultural area
lies in the eastern foothills of the Diablo Range, while the remainder
of the proposed area slopes to the east towards the lower elevations of
the San Joaquin River valley, according to the provided USGS maps. This
transitional terrain, between 500 feet and 100 feet in elevation,
creates a 400-foot drop within a 3 to 3.7 mile west-to-east span,
giving the proposed area a 2 percent to 2.5 percent slope, as noted in
the petition.
Three intermittent streams, Corral Hollow, Lone Tree, and Hospital
Creeks, flow east through the proposed Tracy Hills viticultural area,
to the San Joaquin Valley flood plain, the petitioner explains. Flowing
down from the higher Diablo Range elevations, these streams created the
alluvial fans and deposits found within the proposed Tracy Hills
viticultural area.
Climate
The petitioner emphasizes that the unique climate of the proposed
Tracy Hills viticultural area is its most distinctive characteristic.
The sheltering effect of Mt. Oso and the Diablo Range, the marine winds
coming through the Altamont Pass, and the cold air drainage from the
higher mountain elevations, the petitioner explains, create a
microclimate in the proposed Tracy Hills area with the lowest annual
rainfall in the Tracy region. The petitioner adds that these climatic
elements combine to produce a microclimate with less rain, fog, dew,
and frost than the surrounding areas.
Rainfall
As noted above, the proposed Tracy Hills viticultural area is
located on the west side of the San Joaquin Valley area and, therefore,
according to the petitioner, is in the rain shadow of Mt. Oso in the
Diablo Range. This rain shadow creates an environment with less
precipitation than the surrounding areas, the petitioner adds. Based on
its proximity to the 3,347-foot sheltering Mt. Oso peak, the proposed
Tracy Hills viticultural area has 8 to 9 inches of
[[Page 72736]]
annual rain, the petitioner explains, which is the lowest in the
region. According to the provided San Joaquin County Soil Survey map,
the average annual precipitation, in inches, in the surrounding regions
of San Joaquin County is at least 10 inches. Also, at the higher
mountain elevations, about 9 miles west of the proposed boundary line,
the rainfall map shows about 18 inches, or twice the rainfall of the
proposed Tracy Hills viticultural area. To the north, along the San
Joaquin Valley floor, the precipitation increases correspond to the
longer distances from the rain shadow, with Stockton at about 13 inches
of rain and Lodi at 16 inches of rain annually, according to the
provided rainfall map.
Temperature
The temperatures found in the proposed Tracy Hills viticultural
area vary from the surrounding areas, according to the petitioner. A
statistical table (compiled by Stan Grant of Progressive Viticulture,
Turlock, California) shows the average annual heat accumulation at
various weather stations in the greater Tracy region during the 1990s
as measured in degree days. (Each degree that a day's mean temperature
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.) These 10-year averages reflect lower and upper threshold
temperatures of 50 to 115 degrees F, respectively. All mileages are
according to California State Automobile Association's Central
California map of May 2001.
1990-1999 Degree Day Averages
----------------------------------------------------------------------------------------------------------------
Direction/ distance from
Weather station Degree days County the proposed Tracy Hills
viticultural area
----------------------------------------------------------------------------------------------------------------
Tracy-Carbona....................... 4,033 San Joaquin................. On site.
Brentwood........................... 3,776 Contra Costa................ West 23 miles.
Manteca............................. 3,726 San Joaquin................. North 10 miles.
Modesto............................. 4,446 Stanislaus.................. East 14 miles.
Newman.............................. 4,498 Stanislaus.................. South 22 miles.
----------------------------------------------------------------------------------------------------------------
Brentwood is closer to the cooling maritime influences of San
Francisco Bay and the Carquinez Strait, according to the petitioner,
while Manteca is directly in the path of the cooling marine winds
blowing through the Altamont Pass. The proposed Tracy Hills
viticultural area is located a short distance south of Altamont Pass,
while Modesto is about 25 miles south of the pass. Newman, the warmest
region, is 40 miles south of the pass and its cooling marine winds, the
petitioner states.
Wind
The petitioner explains that the degree day measurement of heat
accumulation referred to above does not indicate seasonal vine growth
and development as accurately when fog, clouds, and a prevailing wind
affect the proposed viticultural area. The significance of wind is
noted in a 1943 USDA Soil Survey of the Tracy area:
Aside from the soil and moisture conditions, which have the most
important bearing on crops that can be grown in this area, another
factor that has a definite influence is wind. The wind during
certain seasons is very strong, blowing from the northwest along the
western side of the San Joaquin Valley.
The constant wind of the Altamont Pass has a cooling effect on
vineyards within the proposed Tracy Hills viticultural area through
evaporation of moisture on grapevine leaves, according to the
petitioner. The earth-warmed marine air and winds of the Livermore
Valley blow west-to-east through the Pass, into the San Joaquin Valley,
and then south, passing directly over the proposed viticultural area,
the petitioner explains. Also, the down-slope winds from the Diablo
Range have a cooling climatic influence on the area's agriculture.
Frost and Fog
The petitioner states that residents and workers in the proposed
Tracy Hills viticultural area have observed certain distinctive
climatic characteristics within the area. Frost is ``unknown,'' the
petitioner explains, although it occurs beyond the proposed
viticultural area boundary. Ground fog forms to the south of the
proposed Tracy Hills viticultural area and gradually extends north,
according to the petitioner. If the fog does invade the proposed area
at all, the petitioner notes that it is usually short-lived.
Soil
As noted in the soil maps submitted with the petition, the soils in
the proposed Tracy Hills viticultural area are recent alluvial deposits
from the intermittent streams flowing down from the upper elevations of
the Diablo Range to the San Joaquin Valley floor. The geologic fans and
fan terraces found along the Corral Hollow, Hospital and Lonetree
Creeks meld into one vast alluvial plain, according to the San Joaquin
County Soil Survey.
The soils found on this alluvial plain are very deep, well-drained
to moderately well-drained, and have water tables deeper than six feet.
Silty and clay soils are found at the lower elevations of this alluvial
plain, while at its higher elevations, soils are generally gravelly and
the alluvial deposits are eroded with deep drainage cuts. The principal
soils are listed in the table below.
Soil Types in Proposed Tracy Hills Viticultural Area
------------------------------------------------------------------------
Elevation
Soil type Location (in feet)
------------------------------------------------------------------------
Carbona clay loam.................. Uplifted, dissected 500-130
terraces.
Zacharias gravelly clay loam....... Alluvial fans, low 300-50
stream terraces.
Stomar clay loam................... Alluvial fans......... 300-40
El Solyo clay loam................. Alluvial fans......... 300-60
[[Page 72737]]
Vernalis clay loam................. Alluvial fans......... 300-25
Vernalis-Zacharias complex......... Alluvial fans......... 250-25
Capay clay......................... Interfan basins....... 200-30
Capay clay, wet.................... Interfan basins....... 140-25
------------------------------------------------------------------------
Beyond the boundary of the proposed Tracy Hills viticultural area,
the soils and their origins differ, according to the petitioner. To the
north are the low-elevation organic peat soils of the Sacramento-San
Joaquin Delta region. To the east, and generally below the 100-foot
elevation, are heavy clay soils with higher water tables created by
irrigation and proximity to the San Joaquin River. To the south, the
soils and terrain are similar to the proposed Tracy Hills viticultural
area, with the proposed boundary line primarily defining the border
between the alluvial fans of Hospital Creek, which is within the
proposed viticultural area, and Ingram Creek, which is further to the
south. To the west, and above the 500-foot elevation in the upper
foothills of the Diablo Range, the soils are primarily gravelly, older
alluvial deposits. Also to the west, the soils are rolling to very
steep and situated on terrain of uplifted, dissected terraces and
mountains, developed on bedrock.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. If we establish this proposed viticultural area, its
name, ``Tracy Hills,'' will be recognized as a name of viticultural
significance. Consequently, wine bottlers using ``Tracy Hills'' in a
brand name, including a trademark, or in another label reference as to
the origin of the wine, will have to ensure that the product is
eligible to use the viticultural area's name as an appellation of
origin. On the other hand, we do not believe that any single part of
the proposed viticultural area name standing alone, such as ``Tracy,''
would have viticultural significance if the new viticultural area were
to be established. Accordingly, the proposed part 9 regulatory text set
forth in this document specifies only the full ``Tracy Hills'' 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 requirements of 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 ``Tracy Hills''
for a wine that does not meet the 85 percent standard, the new label
will not be approved, and the previously approved label will be subject
to revocation, upon the effective date of the approval of the Tracy
Hills 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, climatic, boundary, and other required information submitted in
support of the petition. In particular, we are concerned about the
adequacy of the petition's name evidence. Accordingly, we are seeking
information in this regard from persons familiar with the area as to
whether the ``Tracy Hills'' name reasonably applies to the entire
region encompassed within the boundary of the proposed viticultural
area, and, if not, whether any suitable alternative names exist for the
proposed area. Please provide any available specific information in
support of your comments.
Because of the potential impact of the establishment of the
proposed Tracy Hills viticultural area on brand labels that include the
words ``Tracy Hills'' as discussed above under Impact on Current Wine
Labels, we also are particularly interested in comments regarding
whether there will be a conflict between the proposed 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.
Although TTB believes that only the full name ``Tracy Hills''
should be considered to have viticultural significance upon
establishment of the proposed viticultural area, we also invite
comments from those who believe that ``Tracy'' standing alone would
have viticultural significance. Comments in this regard should include
documentation or other information supporting the conclusion that use
of ``Tracy'' on a wine label could cause consumers and vintners to
attribute to the wine in question the quality, reputation, or other
characteristic of wine made from grapes grown in the proposed Tracy
Hills viticultural area.
Submitting Comments
Please submit your comments by the closing date shown above in the
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 regard all comments as originals.
[[Page 72738]]
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;
(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 by telephone at 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 and the submitted comments, visit http:/
/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 Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend 27
CFR, chapter 1, part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
2. Amend subpart C by adding Sec. 9.---- to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.---- Tracy Hills
(a) Tracy Hills. The name of the viticultural area described in
this section is ``Tracy Hills''. For purposes of part 4 of this
chapter, ``Tracy Hills'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundary of the Tracy Hills viticultural area are five United States
Geological Survey 1:24,000 scale topographic maps. They are titled:
(1) Tracy, Calif., 1954, photorevised 1981;
(2) Vernalis, Calif., 1991;
(3) Solyo, Calif., 1953, photorevised 1971, photoinspected 1978;
(4) Lone Tree Creek, Calif., 1955, photorevised 1971; and
(5) Midway Calif., 1953, photorevised 1980.
(c) Boundary. The Tracy Hills viticultural area is located in
southwestern San Joaquin County and northwestern Stanislaus County. The
boundary of the Tracy Hills viticultural area is defined as follows--
(1) The point of beginning is on the Tracy map at the intersection
of the Delta-Mendota Canal and Lammers Ferry Road, along the western
boundary line of section 6, T3S/R5E. From that point, proceed 0.4 mile
generally southeast along the Delta-Mendota Canal to its intersection
with the Western Pacific railway line along the southern boundary line
of section 6, T3S, R5E (Tracy map); then
(2) Proceed 5.6 miles straight east along the Western Pacific
railway line and then along Linne Road to the intersection of Linne
Road and Lehman Road, along the northern boundary line of section 12,
T3S, R5E (Vernalis map); then
(3) Proceed 1.5 miles straight south and then east along Lehman
Road to its intersection with Bird Road at the southeast corner of
section 12, T3S, R5E (Vernalis map); then
(4) Proceed 1 mile straight south along Bird Road to its
intersection with Durham Ferry Road at the southeast corner of section
13, T3S, R5E (Vernalis map); then
(5) Proceed 1.9 miles straight east along Durham Ferry Road to its
intersection with State Highway 33 along the northern boundary line of
section 20, T3S, R6E (Vernalis map); then
(6) Proceed 5.1 miles straight southeast along State Highway 33,
passing the hamlet of Vernalis, to the highway's intersection with
McCracken Road along the eastern boundary of section 2, T4S, R6E (Solyo
map); then
(7) Proceed 3.4 miles straight south along McCracken Road to its
intersection with Hamilton Road at the southeast corner of section 23,
T4S, R6E (Solyo map); then
(8) Proceed 2.4 miles straight west along the southern boundary
lines of sections 23, 22 and 21, T4S, R6E, crossing the Delta-Mendota
Canal and the California Aqueduct, to the junction of the southern
boundary of section 21, the 500-foot elevation line, and the western-
most transmission line, (Solyo map); then
(9) Proceed 4.2 miles generally northwest along the meandering 500-
foot elevation line to section 18, T4S, R6E, where the 500-foot
elevation line crosses all of the transmission lines and
[[Page 72739]]
then continues northwest a short distance to the eastern-most
transmission line in the northwest quadrant of section 18, T4S, R6E,
(Solyo map); then
(10) Proceed 8.45 miles straight northwest along the eastern-most
transmission line, crossing from the Solyo map, over the Lone Tree
Creek map, to the Tracy map, and continue to the transmission line's
intersection with the western boundary of section 19, T3S, R5W, about
0.7 mile north-northeast of Black Butte (Tracy map); then
(11) Proceed in a straight line 2 miles northwest to the line's
intersection with the 500-foot elevation line, immediately north of an
unimproved road, at about the mid-point of the western boundary line of
section 12, T3S, R4E (Tracy map); then
(12) Proceed 0.65 mile straight north along with western boundaries
of section 12 and section 3 to the section line's intersection with
Interstate 580, section 3, T3S, R4E (Tracy map); then
(13) Proceed 0.8 mile straight northwest along Interstate 580
highway to its intersection with the Western Pacific railway in section
2, T3S, R4E (Midway map); then
(14) Proceed easterly 0.7 mile along the Western Pacific railway to
its intersection with the eastern boundary line of section 2, T3S, R4E
(Tracy map); and
(15) Proceed east for 1 mile in a straight line, returning to the
point of beginning at the intersection of Delta-Mendota Canal and
Lammers Ferry Road (Tracy map).
Signed: November 3, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-23681 Filed 12-6-05; 8:45 am]
BILLING CODE 4810-31-P
