Expansion of the Livermore Valley Viticultural Area (2002R-202P), 34527-34532 [E6-9366]

Agencies

• Alcohol and Tobacco Tax and Trade Bureau
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 71, Number 115 (Thursday, June 15, 2006)]
[Rules and Regulations]
[Pages 34527-34532]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9366]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-47; Re: Notice No. 43]
RIN 1513-AA54


Expansion of the Livermore Valley Viticultural Area (2002R-202P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision expands the existing 96,000-acre 
Livermore Valley viticultural area into northern Alameda County and 
southern Contra Costa County, California. The expansion adds 163,000 
acres to the Livermore Valley viticultural area. We designate 
viticultural areas to allow vintners to better describe the origin of 
their wines and to allow consumers to better identify wines they may 
purchase.

DATES: Effective Date: July 17, 2006.

FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings 
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 consumers with adequate information regarding product

[[Page 34528]]

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 geographical 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. Petitioners may use the same procedure to 
request changes involving existing viticultural areas. 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.

Livermore Valley Viticultural Area Expansion Petition and Rulemaking

Background

    TTB received a petition from the Livermore Valley Winegrowers 
Association proposing to expand the existing Livermore Valley 
viticultural area (27 CFR 9.46). As currently defined, the area is 
located in Alameda County and encompasses approximately 96,000 acres, 
of which 4,235 acres are devoted to vineyards. A total of 20 wineries 
operate in the viticultural area.
    TTB also received from the Livermore Valley Winegrowers Association 
a petition proposing to expand the existing San Francisco Bay (27 CFR 
9.157) and Central Coast (27 CFR 9.75) viticultural areas; that 
petition is addressed in a separate final rule document published in 
this issue of the Federal Register. Those proposed expansions 
correspond directly to the proposed Livermore Valley viticultural area 
expansion that is the subject of this document.
    The petitioner requested an expansion of the Livermore Valley 
viticultural area to encompass both the valley floor and the flanking 
hills that define the valley's geography and watershed in Alameda 
County and in the southern part of Contra Costa County. The proposed 
expanded Livermore Valley viticultural area would be bounded by the 
Altamont Hills and Crane Ridge to the east, Cedar Mountain Ridge and 
Rocky Ridge to the south, Walpert Ridge and Rocky Ridge to the west, 
and the peak of Mount Diablo (the highest point of the Black Hills) to 
the north. The expansion of the Livermore Valley viticultural area 
would result in a viticultural area of 259,000 acres, of which 4,355 
acres would be devoted to vineyards. A total of 24 wineries would 
operate within the proposed boundaries. The expansion, therefore, would 
add a total of approximately 163,000 acres, 120 acres of vineyards, and 
4 wineries to the viticultural area.
    Below, we summarize the evidence presented in the petition.

Name Evidence

    The original final rule establishing the Livermore Valley 
viticultural area, Treasury Decision (T.D.) ATF-112, 47 FR 38520, 
September 1, 1982, details the derivation of the Livermore Valley as a 
place name and summarizes strong evidence of the Livermore Valley's 
local and national renown as a vineyard region. As noted in ``A 
Companion to California Wine'' by Charles L. Sullivan and ``The Wine 
Atlas of California'' by James Halliday, the Livermore Valley continues 
to be well known as one of California's most historic wine regions.
    The original viticultural area boundary was established by TTB's 
predecessor, the Bureau of Alcohol, Tobacco and Firearms (ATF), and 
encompasses land historically and geographically identified as the 
Livermore Valley growing region. Establishment of that boundary was 
based upon the boundary presented to ATF in the original petition. In 
the current petition, however, the petitioner has presented additional 
evidence to TTB to support the conclusion that lands immediately 
outside of and adjacent to the original Livermore Valley viticultural 
area boundary to the north, east, south, and west could be properly 
included in the viticultural area, based upon both shared name 
identification and shared geographical features. In addition, the 
proposed Livermore Valley viticultural area expansion areas contrast 
sharply with lands beyond these boundaries.
    Wines & Vines of California'' by Frona Eunice Wait, ``American 
Wines'' by Frank Schoonmaker, ``Gorman on Premium California Wines'' by 
Robert Gorman, and ``The Winewright's Register'' by Bruce Cass all 
document the Livermore Valley as a much larger area that encompasses 
the entire valley basin and surrounding hills. All four references 
recognize the Livermore Valley as reaching north to Mount Diablo, and 
all mention the hills that surround the Livermore Valley basin to the 
east, south, and west. As indicated in the discussion of Boundary 
Evidence below, the evidence defining the Livermore Valley in this 
broader context covers the region's viticultural history, from the 
1880s to present.

Boundary Evidence

    The Livermore Valley has a long grape-growing history and a strong 
regional identity. However, precise viticulture boundaries for the 
region were not defined until 1982, when ATF established the Livermore 
Valley viticultural area. The proposed boundary expansion includes 
those lands that, based on name identity and natural features, could 
have been included in the original viticultural area petition. Also, 
the proposed expansion boundaries maintain the historic and 
geographical integrity of viticulture within Livermore Valley.
    Historical and current evidence documents that what is known as the

[[Page 34529]]

Livermore Valley includes the entire valley basin and its encircling 
hills, rather than the relatively limited portion of the valley floor 
encompassed in the original petition. In ``Early Days in the Livermore-
Amador Valley'' by Merilyn Calhoun, published in 1973, the Livermore-
Amador Valley is shown as reaching from Niles Canyon and Vallecitos in 
the south to Tassajara in the north and from the hills west of 
Pleasanton to the Altamont Pass and the eastern limits of Arroyo Seco 
to the east. Bulletin No. 118-2 from the California Department of Water 
Resources ``Evaluation of Ground Water Resources: Livermore and Sunol 
Valley'' features maps on land use and mean annual precipitation. These 
two publications show that the Livermore Valley stretches from Niles 
Canyon in the south, beyond the Alameda County-Contra Costa County line 
to the north, and from hills west of Pleasanton in the west to the 
Altamont Pass and the hills east of Livermore in the east. ``Valley 
Profiles: A Photographic Essay on the Livermore Valley of California'' 
by Hans Benhard, published in 1977, includes a map of the Livermore 
Valley that encompasses virtually the same area as that described in 
the other publications, that is, south to beyond Sunol, north to beyond 
Danville, west into the hills east of Pleasanton and Dublin, and east 
to Altamont Pass.
    The Livermore Valley Winegrowers Association, which states that it 
represents the interests of the Livermore Valley growers and vintners, 
likewise substantiates a broader definition for the geographical 
region. The association's membership includes wineries and vineyards 
located in Palomares Canyon and Sunol along the western edge of the 
proposed expansion. The association's promotional brochure, ``Livermore 
Valley Wine Country,'' features a map that shows this broader regional 
definition. Wente Vineyards, one of the original Livermore Valley 
viticultural area petitioners in the early 1980s, also supports the 
expansion.
    What is known as the Livermore Valley is considerably larger than 
the limited portion of the valley floor and southern hills included in 
the Livermore Valley viticultural area originally established in 1982. 
Natural topographic features, that is, mountain ranges and river 
drainages, primarily define the geography of the Livermore Valley. 
These natural topographic features and their influences distinguish the 
Livermore Valley and support expansion of the viticultural area to 
include the entire Livermore Valley and its encircling hills.

Distinguishing Features

    The expanded Livermore Valley viticultural area would encompass 
land with the same geographical features as the current viticultural 
area. The uniformity of the distinguishing elements (climate, 
topography, and soils) is detailed below.
Climate and Topography
    As stated in T.D. ATF-112, which established the Livermore Valley 
viticultural area, the valley has a moderate coastal climate that 
results from its proximity to San Francisco Bay and the Pacific Ocean. 
That final rule also cited cool marine winds and morning fog as 
important factors in moderating temperatures during the growing season 
and in keeping the area's vineyards relatively frost free in early 
spring.
    The majority of vineyard acreage in the Livermore Valley 
viticultural area, as explained in T.D. ATF-112, is classified as 
Region III (3,001-3,500 degree days) under the University of California 
at Davis system of heat summation by degree days. A small portion of 
the area within the Livermore Valley is classified as Region II (2,501-
3,000 degree days). Each degree that a day's mean temperature is above 
50 degrees Fahrenheit, which is the minimum temperature required for 
grapevine growth, is counted as 1 degree day; see ``General 
Viticulture,'' Albert J. Winkler, University of California Press, 1975.
    Cumulative climatic data from the National Weather Service shows an 
average annual degree-day total of 3,425 in the town of Livermore 
(elevation 486 feet), the heart of the current Livermore Valley 
viticultural area. The only equivalent weather station in the proposed 
expanded viticultural area is located at Mount Diablo Junction on the 
2,100-foot elevation line, just south of the proposed expanded northern 
boundary. Cumulative climatic data from this weather station shows an 
average total for the growing season of 3,359 degree days, which is in 
the same Region III range as most of the current Livermore Valley 
viticultural area.
    The cool marine winds and morning fog enter the Livermore Valley 
from San Francisco Bay through gaps in the western hills of Alameda and 
Contra Costa Counties, specifically through Niles Canyon and Hayward 
Pass (at the top of Dublin Canyon), as detailed in the San Jose 
Astronomical Association material (https://ephemeris.sjaa.net/0107/
b.html, search dated 10/01/01), and through Crow Canyon. Such cooling 
influences are not limited to a specific section of the valley. As seen 
from the degree-day data above, they provide a relatively uniform 
climate throughout the Livermore Valley basin.
    Developed by Waldimir Koppen in the early 20th century and based on 
temperature, precipitation, and vegetation, the Koppen (or ``Koeppen'') 
climate classification system also offers evidence of the uniform 
Livermore Valley climate. The ``Koeppen Classification for California'' 
map, developed by the University of Idaho, and the ``Koppen Climate 
Chart'' classify the Livermore Valley as ``Csb'' (Mediterranean: mild 
with dry, warm summer). The region is differentiated from the ``Csa'' 
(Mediterranean: mild with dry, hot summer) and ``BSk'' (Midlatitude 
steppe, midlatitude dry) classifications found to the east. 
Significantly, the boundary line between these climate classifications 
almost exactly duplicates the proposed eastern boundary of the expanded 
Livermore Valley viticultural area. With the entire Livermore Valley 
basin sharing the same climate, it is logical that the entire basin 
should be included in the Livermore Valley viticultural area.
    The Livermore Valley basin's climate during the growing season 
represents a transition zone between the very cool, temperate, marine-
influenced climate directly west and adjacent to San Francisco Bay and 
the hot, dry, diurnally (day versus night) differentiated climate to 
the east of the upper San Joaquin Valley. A clear indicator of the 
unique character of the Livermore Valley basin climate can be seen by 
comparing the average growing season degree-day totals at climate 
stations within the region to those that are east and west of the 
proposed expansion of the existing Livermore viticultural area at the 
same, or approximately same, latitude. The average degree-day total 
within the proposed expanded Livermore Valley viticultural area is 
fairly consistent--3,425 at Livermore and 3,359 at Diablo Junction. In 
contrast, the total at the Upper San Leandro Filtration Plant, directly 
west of the proposed expansion area, near San Francisco Bay, averages 
2,461 degree days; the total at Tracy Carbona, directly east of the 
proposed expansion area in the San Joaquin Valley, averages 2,465 
degree days.
    The Livermore Valley basin, bounded by hills to the west and east, 
enjoys a climate distinct from the adjacent areas. The unique climate 
of the valley supports expansion of the viticultural area to its 
natural geographical boundaries.

[[Page 34530]]

Soils
    Soils are a distinguishing feature that supports the proposed 
expansion of the Livermore Valley viticultural area. The proposed 
expansion area encompasses a geographical area significantly larger 
than the current Livermore Valley viticultural area; for both areas, 
the underlying geologic formations and the geological factors in soil 
formation are the same. Thus, the soils in the proposed expansion area 
are consistent with those of the original viticultural area.
    As shown on the Geologic Map of California, the current Livermore 
Valley viticultural area and the proposed expansion area developed on 
the same geologic formations. Those formations include Pleistocene, 
alluvial, mostly nonmarine terrace deposits on the basin floor; 
Pleistocene, Pliocene, Miocene, and Cretaceous sandstone, shale, 
gravel, and conglomerate in the northern, eastern, and western hills; 
and Franciscan Complex fragmented and sheared sandstone in the southern 
hills.
    The geological forces that formed the topography and soils in the 
proposed expansion of the Livermore Valley viticultural area are the 
same as those that formed the topography and soils of the original 
Livermore Valley viticultural area. Uplift and subsidence along several 
earthquake faults (among them, the Calaveras and Pleasanton faults to 
the west, the Greenwood fault to the east, and the Livermore and Tesla 
faults in the center of the valley) have shaped the region's 
topography. Erosion and weathering of base material on the slopes and 
deposition of sediment carried in runoff onto the valley floor have, 
over long periods of time, formed the soils of the region.
    T.D. ATF-112 stated, ``the main soil type is the Yolo-Pleasanton 
association with the Livermore gravelly and very gravelly series being 
prominent in the southern portion of the valley.'' This description 
represents a highly simplified review of the soils within the original 
viticultural area boundaries. According to the ``Soil Survey of Alameda 
Area, California'' by the United States Department of Agriculture, Soil 
Conservation Service, published in 1966, the portion of the Livermore 
Valley floor within the current viticultural area also includes the 
Positas-Perkins association (shallow gravelly loam on terraces) and the 
Clear Lake-Sunnyvale association (shallow clay in basins and on 
terraces).
    Soils on the slopes of the current viticultural area and recorded 
in the survey include the Millsholm-Los Gatos-Los Osos association 
(well drained to excessively drained soils that have low fertility, on 
moderately sloping to very steep slopes), the Altamont-Diablo 
association (well drained to excessively drained, clayey soils that 
have moderate or high fertility, on rolling to steep slopes), and the 
Vallecitos-Parris association (well drained to excessively drained, 
shallow loam and gravelly loam on steep or very steep slopes).
    The ``Soil Survey of Alameda Area, California'' and the ``Soil 
Survey of Contra Costa County, California,'' by the United States 
Department of Agriculture, Soil Conservation Service, published in 
1977, both record that the same soils were mapped in the proposed 
expansion area and in the current viticultural area. Although the 
Altamont-Diablo and Clearlake-Sunnyvale associations in Alameda County 
and the Altamont-Diablo-Fontana and Clearlake-Cropley associations in 
Contra Costa County were mapped along the boundary of the two soil 
survey areas, the soils are virtually identical. The differences in 
soil names are the result of improvements in the classification of the 
soils, particularly modifications or refinements in soil series 
concepts.
    Regarding vineyards, the soils in the proposed expanded Livermore 
Valley viticultural area are different from those in surrounding areas 
to the north and east; they are on the only sites where vineyards are 
suited in the immediate vicinity because of steep terrain, population 
density, and other limiting factors. To the north and east of the 
proposed boundary, the soils transition into the Brentwood-Rincon-
Zamora association (level, well drained clay and silty clay loam on 
alluvial fans) and the Marcuse-Solan-Pescadero association (nearly 
level, poorly drained clay, loam, and clay loam on basin rims). 
Although suited to vineyards, these soils differ from those in the 
current Livermore Valley viticultural area and the proposed expansion 
area.

Evidence Summary

    The entire Livermore Valley basin has the same moderate coastal 
climate as that of the existing Livermore Valley viticultural area and 
the same average degree-day totals. Also, the climatic data and 
supporting evidence show the Livermore Valley basin experiences the 
same cooling marine influences of wind and morning fog through the gaps 
in the western hills of Alameda and Contra Costa Counties as does the 
current viticultural area. Hence, both the existing Livermore Valley 
viticultural area and the broader Livermore Valley basin experience the 
same unique climate.
    Topographic and soil evidence indicates the same geologic 
formations are in the two areas. Clearly, the proposed expansion area 
and the current viticultural area have experienced the same geological 
forces. Allowing for differences in soil names resulting from 
improvements in the classification of the soils, the same soils are in 
both the proposed expansion area and the existing viticultural area. 
Unlike the climate, the soils in the proposed expansion area are not 
unique to the region. However, areas beyond the boundaries to the west 
and north--the only adjacent areas suited to grape growing--transition 
into soil associations unlike those in the current viticultural area or 
the proposed expansion area.
    The distinguishing features of the original Livermore Valley 
viticultural area, including the climate and soils, are present in the 
proposed expansion area and provide sufficient evidence to meet the 
requirements of 27 CFR 9.3.

Notice of Proposed Rulemaking and Comments Received

    On May 19, 2005, TTB published a notice of proposed rulemaking 
regarding the expansion of the Livermore Valley viticultural area in 
the Federal Register (70 FR 28873) as Notice No. 43. In that notice, 
TTB requested comments by July 18, 2005, from all interested persons. 
TTB received one comment in response to the notice. The comment 
supported the expansion of the Livermore Valley viticultural area and 
noted geographical and climatic similarities of the existing 
viticultural area and the proposed expansion area.

TTB Finding

    After careful review of the petition and the submitted comment, TTB 
finds that the evidence submitted supports the expansion of the 
Livermore Valley viticultural area as requested in the petition. 
Therefore, under the authority of the Federal Alcohol Administration 
Act and part 4 of our regulations, we amend our regulations to expand 
the boundary of the Livermore Valley viticultural area in Alameda and 
Contra Costa Counties, California, effective 30 days from the 
publication date of this document.

Boundary Description

    See the narrative boundary description of the expanded Livermore 
Valley viticultural area in the amended regulatory text published at 
the end of this document.

[[Page 34531]]

Maps

    The petitioner provided the required maps, and we list them in the 
regulatory text.

Impact on Current Wine Labels

    The expansion of the Livermore Valley viticultural area does not 
affect currently approved wine labels. The expansion may allow 
additional vintners to use ``Livermore Valley'' as an appellation of 
origin on their 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. 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). 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

    N.A. Sutton of the Regulations and Rulings Division drafted this 
notice.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

0
For the reasons discussed in the preamble, we are amending title 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. Section 9.46 is amended by revising paragraphs (b) and (c) to read 
as follows:


Sec.  9.46  Livermore Valley.

* * * * *
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Livermore Valley viticultural area are 13 United States 
Geological Survey 1:24,000 scale topographic maps. They are titled:
    (1) Clayton, CA (1953; Photorevised 1980; Minor Revision 1994);
    (2) Diablo, Calif. (1953; Photorevised 1980);
    (3) Tassajara, CA (1996);
    (4) Byron Hot Springs, Calif., (1953, Photorevised 1968);
    (5) Altamont, Calif., (1953, Photorevised 1981);
    (6) Midway, Calif., (1953, Photorevised 1980);
    (7) Cedar Mtn., CA, (1956, Photorevised 1971, Minor Revision 1994);
    (8) Mendenhall Springs, CA (1996);
    (9) La Costa Valley, CA (1996);
    (10) Niles, Calif., (1961, Photorevised 1980);
    (11) Dublin, Calif., (1961, Photorevised 1980);
    (12) Hayward, CA (1993); and
    (13) Las Trampas Ridge, CA (1995).
    (c) Boundary. The Livermore Valley viticultural area is located in 
the State of California in Contra Costa and Alameda Counties. The 
Livermore Valley viticultural area's boundary is defined as follows:
    (1) The beginning point is on the Clayton map at the peak of Mount 
Diablo (VABM 3849) where the Mount Diablo Base Line and Mount Diablo 
Meridian Line intersect, T1S, R1E;
    (2) From the beginning point proceed southeast in a straight line 
for approximately 14 miles, crossing the Diablo and Tassajara maps, and 
pass onto the Byron Hot Springs map to the summit of Brushy Peak 
(elevation 1,702 feet), T1S, R2E; then
    (3) Continue due south in a straight line approximately 400 feet to 
the northern boundary of section 13, T2S, R2E; then
    (4) Proceed due east along the section 13 and section 18 northern 
boundary lines to the northeast corner of section 18, T2S, R3E; then
    (5) Continue southeast in a straight line approximately 1.8 miles 
to BM 720 in section 21, T2S, R3E, on the Altamont map; then
    (6) Continue south-southeast in a straight line approximately 1 
mile to an unnamed, 1,147-foot peak in section 28, T2S, R3E; then
    (7) Continue south-southwest in a straight line approximately 1.1 
miles to the intersection of the eastern boundary of section 32, T2S, 
R3E, with Interstate 580; then
    (8) Continue southeast in a straight line approximately 2.7 miles 
to BM 1602 in Patterson Pass in section 10, T3S, R3E; then
    (9) Continue south-southeast in a straight line approximately 2.8 
miles to BM 1600, adjacent to Tesla Road in section 26, T3S, R3E, on 
the Midway map; then
    (10) Continue south in a straight line approximately 4.2 miles, 
passing onto the Cedar Mtn. map, to BM 1878, 40 feet north of Mines 
Road, in section 14, T4S, R3E; then
    (11) Proceed west-southwest in a straight line approximately 4.2 
miles, passing onto the Mendenhall Springs map, to the southeast corner 
of section 19, T4S, R3E; then
    (12) Continue west along the southern boundaries of section 19, 
T4S, R3E, and section 24, T4S, R2E, to the southwest corner of section 
24; then
    (13) Proceed north along the western boundary of section 24, T4S, 
R2E, to the southeast corner of section 14, T4S, R2E; then
    (14) Continue west along the southern boundary of section 14, T4S, 
R2E, to its southwest corner and then proceed north along the western 
boundary of section 14 to its intersection with the Hetch Hetchy 
Aqueduct, T4S, R2E; then
    (15) Follow the Hetch Hetchy Aqueduct west-southwest approximately 
4.2 miles to the Aqueduct's intersection with the R1E/R2E range line on 
the La Costa Valley map, T4S; then
    (16) Continue southwest in a straight line approximately 3.9 miles, 
crossing Apperson, Welsh, and Alameda Creeks, to BM 533 in section 10, 
T5S, R1E; then
    (17) Proceed due west-northwest in a straight line approximately 
1.9 miles, passing onto the Niles map, to the line's intersection with 
the eastern boundary of section 5 and the Fremont Boundary Line, T5S, 
R1E; then
    (18) Continue northwest in a straight line approximately 1.1 miles 
to an unnamed, 1,291-foot peak in section 32, T4S, R1E; then
    (19) Continue northwest in a straight line approximately 1.1 miles 
to an unnamed, 1,058-foot peak in section 30, T4S, R1E; then
    (20) Continue northwest in a straight line approximately 3.8 miles, 
passing through BM 161 in section 11, T4S, R1W, until the line 
intersects Palomares

[[Page 34532]]

Road, a medium duty road, in section 11; then
    (21) Follow Palomares Road in a northerly direction for 
approximately 0.7 miles to the road's intersection with the power 
transmission line shown in section 11, T4S, R1W; then
    (22) Proceed northwest along the power transmission line for 
approximately 6.4 miles, passing through the Dublin map near Walpert 
Ridge, onto the Hayward map to the point where the power transmission 
line turns nearly west, approximately 500 feet south of an unnamed, 
891-foot, peak, T3S, R2W; then
    (23) Continue north-northwest in a straight line approximately 1.4 
miles to an unnamed, 840-foot peak, T3S, R2W; then
    (24) Proceed north-northeast in a straight line approximately 3.4 
miles, returning to the Dublin map, to the point where the Contra Costa 
County-Alameda County line turns to the northwest, about 0.4 mile west 
of Wiedemann Hill (elevation 1,854 feet), section 20, T2S, R1W; then
    (25) Proceed in a northwesterly direction along the meandering 
Contra Costa County-Alameda County line for approximately 6.0 miles, 
passing briefly onto the Hayward, Las Trampas Ridge, and Diablo maps, 
before returning to the Las Trampas Ridge map and continuing to the 
point where the Contra Costa County-Alameda County line turns to the 
west-northwest, section 35, T1S, R2W; then
    (26) Continue north-northwest in a straight line approximately 2.7 
miles to the summit of Las Trampas Peak (elevation 1,827 feet) in 
section 22, T1S, R2W; then
    (27) Proceed east-northeast in a straight line approximately 8.8 
miles, passing through the Diablo map, and return to the beginning 
point.

    Dated: April 25, 2006.
John J. Manfreda,
Administrator.
    Approved: May 25, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
 [FR Doc. E6-9366 Filed 6-14-06; 8:45 am]
BILLING CODE 4810-31-P