Establishment of the Lamorinda Viticultural Area, 9105-9109 [2016-03860]

Download as PDF Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2016—Continued State mstockstill on DSK4VPTVN1PROD with RULES VerDate Sep<11>2014 Fee/ acre/ yr County West Virginia .. Jefferson .......... King .................. Kitsap ............... Kittitas .............. Klickitat ............. Lewis ................ Lincoln .............. Mason .............. Okanogan ......... Pacific ............... Pend Oreille ..... Pierce ............... San Juan .......... Skagit ............... Skamania ......... Snohomish ....... Spokane ........... Stevens ............ Thurston ........... Wahkiakum ...... Walla Walla ...... Whatcom .......... Whitman ........... Yakima ............. Barbour ............ Berkeley ........... Boone ............... Braxton ............. Brooke .............. Cabell ............... Calhoun ............ Clay .................. Doddridge ......... Fayette ............. Gilmer ............... Grant ................ Greenbrier ........ Hampshire ........ Hancock ........... Hardy ................ Harrison ............ Jackson ............ Jefferson .......... Kanawha .......... Lewis ................ Lincoln .............. Logan ............... McDowell .......... Marion .............. Marshall ............ Mason .............. Mercer .............. Mineral ............. Mingo ............... Monongalia ....... Monroe ............. Morgan ............. Nicholas ........... Ohio .................. Pendleton ......... Pleasants ......... Pocahontas ...... Preston ............. Putnam ............. Raleigh ............. Randolph .......... Ritchie .............. Roane ............... Summers .......... 17:16 Feb 23, 2016 APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2016—Continued 148.50 348.37 429.86 71.86 23.16 102.30 18.08 134.83 21.56 56.18 49.64 231.17 215.00 123.29 165.24 260.94 46.22 25.56 141.23 76.27 33.91 187.80 22.72 29.30 52.13 153.53 46.30 43.60 51.93 79.93 40.57 49.93 50.20 65.53 39.27 63.40 75.66 96.03 78.20 75.66 56.50 58.87 183.26 57.73 52.50 53.90 51.97 63.97 57.47 58.63 56.37 59.27 80.16 37.80 82.40 60.87 119.20 68.07 61.67 62.03 51.53 58.70 65.80 68.17 66.33 48.40 42.63 45.77 58.60 Jkt 238001 State County Wisconsin ....... PO 00000 Frm 00025 Taylor ............... Tucker .............. Tyler ................. Upshur .............. Wayne .............. Webster ............ Wetzel .............. Wirt ................... Wood ................ Wyoming .......... Adams .............. Ashland ............ Barron .............. Bayfield ............ Brown ............... Buffalo .............. Burnett .............. Calumet ............ Chippewa ......... Clark ................. Columbia .......... Crawford ........... Dane ................. Dodge ............... Door ................. Douglas ............ Dunn ................. Eau Claire ........ Florence ........... Fond du Lac ..... Forest ............... Grant ................ Green ............... Green Lake ...... Iowa .................. Iron ................... Jackson ............ Jefferson .......... Juneau ............. Kenosha ........... Kewaunee ........ La Crosse ......... Lafayette .......... Langlade .......... Lincoln .............. Manitowoc ........ Marathon .......... Marinette .......... Marquette ......... Menominee ...... Milwaukee ........ Monroe ............. Oconto .............. Oneida .............. Outagamie ........ Ozaukee ........... Pepin ................ Pierce ............... Polk .................. Portage ............. Price ................. Racine .............. Richland ........... Rock ................. Rusk ................. St. Croix ........... Sauk ................. Sawyer ............. Shawano .......... Fmt 4700 Sfmt 4700 Fee/ acre/ yr 66.17 81.56 48.97 61.87 50.13 58.50 48.70 43.80 62.20 55.27 101.57 48.22 73.29 53.19 142.07 88.12 64.39 144.55 71.43 81.87 132.05 70.87 158.63 140.23 106.58 45.50 86.84 78.63 81.57 130.97 53.91 109.00 114.57 118.99 104.52 60.43 80.98 135.75 80.62 131.92 113.95 87.60 128.19 72.51 64.71 138.24 76.37 79.48 89.79 33.65 247.70 83.96 85.70 109.72 138.04 146.84 86.06 103.64 74.67 86.22 49.79 142.72 78.86 144.62 53.32 110.65 101.64 60.03 94.08 9105 APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2016—Continued State Wyoming ........ County Sheboygan ....... Taylor ............... Trempealeau .... Vernon .............. Vilas ................. Walworth .......... Washburn ......... Washington ...... Waukesha ........ Waupaca .......... Waushara ......... Winnebago ....... Wood ................ Albany .............. Big Horn ........... Campbell .......... Carbon ............. Converse .......... Crook ................ Fremont ............ Goshen ............. Hot Springs ...... Johnson ............ Laramie ............ Lincoln .............. Natrona ............ Niobrara ........... Park .................. Platte ................ Sheridan ........... Sublette ............ Sweetwater ...... Teton ................ Uinta ................. Washakie ......... Weston ............. Fee/ acre/ yr 137.29 57.32 83.73 86.45 140.17 160.63 65.01 152.74 170.94 100.59 90.57 110.08 82.42 9.42 25.57 9.69 9.42 6.32 14.86 14.57 13.02 11.70 10.17 12.03 30.13 10.44 8.98 23.46 12.03 13.79 22.52 3.39 53.26 12.31 14.86 7.83 1 Pursuant to Annual Charges for the Use of Government Lands, Order No. 774, 78 FR 5256 (January 25, 2013), FERC Stats. & Regs. ¶ 31,341 (2013) Commission-licensed projects occupying U.S. Federal lands in the Anchorage Area or Juneau Area will be charged at the Kenai Peninsula per-acre value. [FR Doc. 2016–03809 Filed 2–23–16; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB–2015–0007; T.D. TTB–133; Ref: Notice No. 151] RIN 1513–AC17 Establishment of the Lamorinda Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the SUMMARY: E:\FR\FM\24FER1.SGM 24FER1 9106 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations approximately 29,369-acre ‘‘Lamorinda’’ viticultural area in Contra Costa County, California. The viticultural area lies entirely within the larger San Francisco Bay viticultural area and the multicounty Central Coast viticultural area. TTB designates 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: This final rule is effective March 25, 2016. FOR FURTHER INFORMATION CONTACT: Jesse Longbrake, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; phone 202–453–1039, ext. 066. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES Background on Viticultural Areas TTB Authority Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act pursuant to section 1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The Secretary has delegated various authorities through Treasury Department Order 120–01, dated December 10, 2013 (superseding Treasury Department Order 120–01, dated January 24, 2003), to the TTB Administrator to perform the functions and duties in the administration and enforcement of these provisions. Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to establish definitive viticultural areas and regulate 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) sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas (AVAs) and lists the approved AVAs. 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 having VerDate Sep<11>2014 17:16 Feb 23, 2016 Jkt 238001 distinguishing features, as described in part 9 of the regulations, and a name and a delineated boundary, as established 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 the wine’s geographic origin. The establishment of AVAs allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of an AVA 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 (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA and provides that any interested party may petition TTB to establish a grapegrowing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards for petitions for the establishment or modification of AVAs. Petitions to establish an AVA must include the following: • Evidence that the area within the proposed AVA boundary is nationally or locally known by the AVA name specified in the petition; • An explanation of the basis for defining the boundary of the proposed AVA; • A narrative description of the features of the proposed AVA affecting viticulture, such as climate, geology, soils, physical features, and elevation, that make the proposed AVA distinctive and distinguish it from adjacent areas outside the proposed AVA boundary; • The appropriate United States Geological Survey (USGS) map(s) showing the location of the proposed AVA, with the boundary of the proposed AVA clearly drawn thereon; and • A detailed narrative description of the proposed AVA boundary based on USGS map markings. Lamorinda Petition TTB received a petition from Patrick L. Shabram, on behalf of the Lamorinda Wine Growers Association, proposing the establishment of the ‘‘Lamorinda’’ AVA. The proposed Lamorinda AVA is located in Contra Costa County, California, and contains the cities of Lafayette, Moraga, and Orinda. The proposed viticultural area lies in the northeast portion of the established San Francisco Bay AVA (27 CFR 9.157) and also within the larger, multicounty Central Coast AVA (27 CFR 9.75). PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 The proposed AVA covers approximately 29,369 acres and has 46 commercially-producing vineyards that cover approximately 139 acres. The petition states that the individual vineyards are small, each covering less than 5 acres, due to the hilly terrain and the largely suburban nature of the region. However, three much larger commercial vineyards covering a total of 130 acres are either in the early development or public review stages. There are also six bonded wineries currently within the proposed AVA. According to the petition, the distinguishing features of the proposed Lamorinda AVA are its topography, geology, soils, and climate. The terrain of the proposed AVA is composed of moderate-to-steep hills with narrow valleys. The steep hillsides prevent the use of machinery for vineyard work within the proposed AVA, requiring instead that the work be done by hand. The proposed AVA is suitable for both cool- and warm-climate varietals because the hilly terrain results in disparate levels of sunlight at different elevations. The terrain of the proposed AVA contrasts with the steeper, more rugged terrain to the south and west and the lower, flatter plains to the north and east. Additionally, the proposed Lamorinda AVA is characterized by a distinct suburban land use pattern which tends to provide property owners with enough room to plant vineyards large enough for commercial viticulture. This contrasts with the more urban and densely populated areas to the east and west. The dominant geological formation of the proposed Lamorinda AVA is the Orinda Formation, while the Briones and Mulholland Formations are also present. These underlying geological formations affect viticulture in the proposed AVA due to their role in forming the soils of the region. Other geographic formations dominate the surrounding area. The soils of the proposed AVA have high levels of clay attributable to the weathering of the clay-rich Orinda Formation. Typically, clay-rich soils have high water-holding capacities, but within the proposed AVA the thinness of the soils, steepness of terrain, and presence of sand in the soils allow rapid runoff of excess water. These features reduce the risk of vineyard diseases and rot normally associated with soils with high water-holding capacities. In contrast to the clay-rich soils of the proposed AVA, the soils to the west, south, and southeast are characterized by sedimentary and volcanic materials; soils to the north are typically finegrained bay mud; and soils to the east E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations are characterized by deeper, coarser alluvial deposits. Finally, the proposed Lamorinda AVA generally has a warmer climate than the surrounding areas to the north, south, and west. The high ridgelines present to the north and west of the proposed AVA limit the amount of cool marine air and fog that enters the region from San Francisco Bay, San Pablo Bay, and Suisun Bay, resulting in higher growing degree day (GDD) 1 accumulations within the region. This allows vineyards in the proposed AVA to support slowermaturing varieties of grapes which require longer growing seasons. The regions to the north, south, and west are more exposed to marine air and fog and have lower GDD accumulations than the proposed AVA. The area due east and further inland from the proposed AVA receives less marine air and fog, and experiences higher GDD accumulations than the proposed AVA. Notice of Proposed Rulemaking and Comments Received mstockstill on DSK4VPTVN1PROD with RULES TTB published Notice No. 151 in the Federal Register on April 14, 2015 (80 FR 19895), proposing to establish the Lamorinda AVA. In the notice, TTB summarized the evidence from the petition regarding the name, boundary, and distinguishing features for the proposed AVA. The notice also compared the distinguishing features of the proposed AVA to the surrounding areas. For a detailed description of the evidence relating to the name, boundary, and distinguishing features of the proposed AVA, and for a detailed comparison of the distinguishing features of the proposed AVA to the surrounding areas, see Notice No. 151. In Notice No. 151, TTB solicited comments on the accuracy of the name, boundary, and other required information submitted in support of the petition. In addition, given the proposed Lamorinda AVA’s location within the existing San Francisco Bay AVA and the larger, multicounty Central Coast AVA, TTB solicited comments on whether the evidence submitted in the petition regarding the distinguishing features of the proposed AVA sufficiently differentiates it from the existing San Francisco Bay AVA and the larger, multicounty Central Coast AVA. Finally, TTB requested comments on 1 In the Winkler climate classification system, annual heat accumulation during the growing season, measured in annual GDDs, defines climatic regions. One GDD accumulates for each degree Fahrenheit that a day’s mean temperature is above 50 degrees, the minimum temperature required for grapevine growth. See Albert J. Winkler, General Viticulture (Berkeley: University of California Press, 1974), pages 61–64. VerDate Sep<11>2014 17:16 Feb 23, 2016 Jkt 238001 whether the geographic features of the proposed AVA are so distinguishable from the surrounding San Francisco Bay AVA and the larger, multicounty Central Coast AVA that the proposed Lamorinda AVA should no longer be part of the established AVAs. The comment period closed June 15, 2015. Comments Received In response to Notice No. 151, TTB received a total of 12 comments. Commenters were primarily local residents and members of the wine industry from the Lamorinda region, including vineyard owners, winemakers, and a retail wine shop proprietor. Commenters also included wine industry members from outside of the Lamorinda region who work with Lamorinda-based industry members in various capacities. All of the comments generally supported the establishment of the proposed AVA due to the unique microclimates, soils, and geology of the Lamorinda region. Comments also emphasized the strong sense of community identity and commitment to local wines in Lamorinda, and suggested that the establishment of the Lamorinda AVA will help Lamorinda consumers to identify and buy local wines. Further, some comments noted that because the San Francisco Bay and Central Coast AVAs are so large and diverse, they do not necessarily reflect the specific characteristics of Lamorinda grapes and wines, and as a result, establishing the Lamorinda AVA will help wine industry members in the region differentiate themselves from others within the larger AVAs. The comments did not raise any new issues concerning the proposed Lamorinda AVA, and TTB received no comments opposing its establishment. TTB received one comment (comment 3) in response to its question of whether the proposed Lamorinda AVA is so distinguishable from the established San Francisco Bay AVA and the Central Coast AVA that the proposed AVA should not be part of the established AVAs. While the commenter noted his belief that the proposed AVA’s combination of climate, soil, and topography is different from most, if not all, other winegrowing areas in the San Francisco Bay and Central Coast AVAs, the commenter supported finalizing the rulemaking as proposed in the interest of the expedient establishment of a Lamorinda AVA. TTB Determination After careful review of the petition and the comments received in response to Notice No. 151, TTB finds that the evidence provided by the petitioner PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 9107 supports the establishment of the Lamorinda AVA. Accordingly, under the authority of the FAA Act, section 1111(d) of the Homeland Security Act of 2002, and parts 4 and 9 of the TTB regulations, TTB establishes the ‘‘Lamorinda’’ AVA in Contra Costa County, California, effective 30 days from the publication date of this document. TTB has also determined that the Lamorinda AVA will remain part of the established San Francisco Bay AVA and the larger, multicounty Central Coast AVA. As discussed in Notice No. 151, both the San Francisco Bay AVA and the Lamorinda AVA are characterized by climates heavily influenced by marine air and fog from San Francisco Bay and the Pacific Ocean. However, as compared to other portions of the San Francisco Bay AVA, the Lamorinda AVA is more isolated from cool marine air due to the higher surrounding elevations and is also less affected by the heavy diurnal fog that characterizes the more coastal portions of the San Francisco Bay AVA. Further, as discussed in Notice No. 151, the large, 1 million-acre Central Coast AVA is only distinguished by the fact that all of its included counties experience marine climate influence due to their proximity to the Pacific Ocean. The Lamorinda AVA is located within the Central Coast AVA and, like the larger AVA, experiences mild marine breezes and nocturnal marine fog. However, due to its much smaller size, the proposed AVA has greater uniformity in geographical features such as topography, temperature, and soils, than the larger, multicounty Central Coast AVA. Boundary Description See the narrative description of the boundary of the Lamorinda AVA in the regulatory text published at the end of this final rule. Maps The petitioner provided the required maps, and they are listed below in the 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. For a wine to be labeled with an AVA name or with a brand name that includes an AVA name, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name, and the wine must meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not eligible for E:\FR\FM\24FER1.SGM 24FER1 9108 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations labeling with an AVA name 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 AVA name appears in another reference on the label in a misleading manner, the bottler would have to obtain approval of a new label. Different rules apply if a wine has a brand name containing an AVA 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. With the establishment of this AVA, its name, ‘‘Lamorinda,’’ will be recognized as a name of viticultural significance under § 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the regulation clarifies this point. Consequently, wine bottlers using the name ‘‘Lamorinda’’ 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 AVA name as an appellation of origin. The establishment of the Lamorinda AVA will not affect any existing AVA, and any bottlers using ‘‘San Francisco Bay’’ or ‘‘Central Coast’’ as an appellation of origin or in a brand name for wines made from grapes grown within the San Francisco Bay AVA or the Central Coast AVA, respectively, will not be affected by the establishment of this new AVA. The establishment of the Lamorinda AVA will allow vintners to use ‘‘Lamorinda’’, ‘‘San Francisco Bay’’, and ‘‘Central Coast’’ as appellations of origin for wines made primarily from grapes grown within the Lamorinda AVA if the wines meet the eligibility requirements for the appellation. mstockstill on DSK4VPTVN1PROD with RULES Regulatory Flexibility Act TTB certifies that this regulation will not have a significant economic impact on a substantial number of small entities. The regulation imposes no new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of an AVA 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 It has been determined that this final rule is not a significant regulatory action as defined by Executive Order 12866 of September 30, 1993. Therefore, no regulatory assessment is required. VerDate Sep<11>2014 17:16 Feb 23, 2016 Jkt 238001 Drafting Information Jesse Longbrake of the Regulations and Rulings Division drafted this final rule. List of Subjects in 27 CFR Part 9 Wine. The Regulatory Amendment For the reasons discussed in the preamble, TTB amends title 27, chapter I, part 9, Code of Federal Regulations, as follows: PART 9—AMERICAN VITICULTURAL AREAS 1. The authority citation for part 9 continues to read as follows: ■ Authority: 27 U.S.C. 205. Subpart C—Approved American Viticultural Areas 2. Subpart C is amended by adding § 9.254 to read as follows: ■ § 9.254 Lamorinda. (a) Name. The name of the viticultural area described in this section is ‘‘Lamorinda’’. For purposes of part 4 of this chapter, ‘‘Lamorinda’’ is a term of viticultural significance. (b) Approved maps. The four United States Geological Survey (USGS) 1:24,000 scale topographic maps used to determine the boundary of the Lamorinda viticultural area are titled: (1) Walnut Creek, CA, 1995; (2) Las Trampas Ridge, CA, 1995; (3) Oakland East, CA, 1997; and (4) Briones Valley, CA, 1995. (c) Boundary. The Lamorinda viticultural area is located in Contra Costa County, California. The boundary of the Lamorinda viticultural area is as described below: (1) The beginning point is on Walnut Creek map at the water tank (known locally as the Withers Reservoir) at the end of an unnamed light-duty road known locally as Kim Road, in the ˜ Canada del Hambre y Las Bolsas Land Grant. (2) From the beginning point, proceed south-southeast in a straight line approximately 0.8 mile to the 833-foot peak marked ‘‘Hump 2;’’ then (3) Proceed southeast in a straight line approximately 1.7 miles to the marked 781-foot peak south of the shared Lafayette-Walnut Creek corporate boundary line and north of an unnamed light-duty road known locally as Peaceful Lane; then (4) Proceed southeast in a straight line approximately 0.3 mile to the marked 610-foot peak southwest of an unnamed light-duty road known locally as Secluded Place; then PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 (5) Proceed south-southwest in a straight line approximately 1.7 miles to an unidentified benchmark at the end of an unnamed unimproved road known locally as Diablo Oaks Way in section 33, T1N/R2W; then (6) Proceed southeast in a straight line approximately 0.5 mile, crossing onto the Las Trampas map, and continuing another 0.9 mile to the substation at the southeast corner of section 4, T1S/R2W; then (7) Proceed southeast in a straight line approximately 2.3 miles to the 1,827foot summit of Las Trampas Peak, section 22, T1S/R2W; then (8) Proceed south-southeast in a straight line approximately 2.1 miles to the 2,024-foot benchmark marked ‘‘Rock 2’’ in section 26, T1S/R2W; then (9) Proceed west-southwest in a straight line approximately 2.7 miles to the marked 1,057-foot peak in section 29, T1S/R2W; then (10) Proceed west-southwest in a straight line approximately 2 miles to the intersection of the 1,000-foot elevation line with the Contra Costa– Alameda County line in section 31, T1S/R2W; then (11) Proceed northwest in a straight line approximately 0.4 mile, crossing onto the Oakland East map, then continuing another 0.1 mile to the 1,121-foot peak in section 30, T1S/R2W; then (12) Proceed northwest in a straight line approximately 3.6 miles to the 1,301-foot peak in section 15, T1S/R3W; then (13) Proceed northwest in a straight line approximately 1.6 miles to the 1,634-foot peak in section 9, T1S/R3W; then (14) Proceed northwest in a straight line approximately 2.2 miles to the communication tower on the Contra Costa-Alameda County line in section 5, T1S/R3W; then (15) Proceed north in a straight line approximately 0.1 mile, crossing onto the Briones Valley map, then continuing another 0.6 mile to the 1,905-foot summit of Vollmer Peak in the El Sobrante Land Grant; then (16) Proceed north-northeast in a straight line approximately 3 miles, crossing over to the 1,027-foot peak in ˜ the Boca de la Canada del Pinole Land Grant, to the Orinda corporate boundary line; then (17) Proceed generally east along the Orinda corporate boundary line approximately 3.3 miles to the water tank at the 1,142-foot elevation in the ˜ Boca de la Canada del Pinole Land Grant; then (18) Proceed east-northeast in a straight line approximately 1.2 miles to E:\FR\FM\24FER1.SGM 24FER1 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations the 1,357-foot benchmark marked ˜ ‘‘Russell’’ in the Boca de la Canada del Pinole Land Grant; then (19) Proceed northwest in a straight line approximately 0.8 mile to the ˜ 1,405-foot peak in the Boca de la Canada del Pinole Land Grant; then (20) Proceed east-northeast in a straight line approximately 0.5 mile, crossing onto the Walnut Creek map, then continuing another 1.1 miles to the beginning point. Signed: January 11, 2016. John J. Manfreda, Administrator. Approved: January 22, 2016. Timothy E. Skud, Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy). [FR Doc. 2016–03860 Filed 2–23–16; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0130] Drawbridge Operation Regulation; Atchafalaya River, Morgan City, LA Coast Guard, DHS. Notice of temporary deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Morgan City Railroad Bridge across the Atchafalaya River (also known as Berwick Bay), mile 17.5 [Gulf Intracoastal Waterway (Morgan City-Port Allen Alternate Route), mile 0.3] in Morgan City, St. Mary Parish, Louisiana. This deviation is necessary to perform maintenance needed for the operation of the bridge. This deviation allows for the bridge to remain closed-to-navigation for eightconsecutive hours in the morning and five-consecutive hours in the evening with an opening in the middle to pass vessels for a five-day period. DATES: This deviation is effective from 11 a.m. on March 2 through 9 p.m. on March 6, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–0130] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:16 Feb 23, 2016 Jkt 238001 9109 deviation, call or email Donna Gagliano, Bridge Administration Branch, Coast Guard, telephone (504) 671–2128, email Donna.Gagliano@uscg.mil. ENVIRONMENTAL PROTECTION AGENCY The BNSF Railway requested a temporary deviation from the operating schedule of the Morgan City Railroad Bridge. These repairs are necessary for the operation of the bridge. This deviation is to install new Conley joints on the four bases on the east and west ends of the bridges and transition rails on the east and west side of the bridge’s north and south sides. The draw currently operates under 33 CFR 117.5. For the purposes of this deviation, the bridge will not be required to open from 6 a.m. to 2 p.m. each day. From 2 p.m. until 4 p.m., the bridge will be opened for the passage of vessels. The bridge will again be closed-to-navigation from 4 p.m. to 9 p.m. From 9 p.m. until 6 a.m. the bridge will be maintained in the open position. The closure will begin at 11 a.m. on Wednesday, March 2, 2016 and continue through 9 p.m. on March 6, 2016. The vertical clearance of the bridge is 4 feet above mean high water, elevation 8.2 feet NGVD in the closed-tonavigation position and 73 feet above mean high water in open-to-navigation position. Navigation on the waterway consists of tugs with tows, oil industry related work and crew boats, commercial fishing vessels and some recreational crafts. Vessels able to pass the bridge in the closed position may do so at any time. The bridge will be able to open for emergencies and the Morgan City-Port Allen Landside route through Amelia, LA can be used as an alternate route. The Coast Guard will also inform the users of the waterways through our Local Notice to Mariners and Broadcast Notices to Mariners of the change in operating schedule for the bridge, so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35, the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. [EPA–HQ–OAR–2014–0606; FRL–9942–64– OAR] SUPPLEMENTARY INFORMATION: Dated: February 19, 2016. David M. Frank, Bridge Administrator, Eighth Coast Guard District. [FR Doc. 2016–03895 Filed 2–23–16; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 40 CFR Part 49 RIN 2060–AS27 Review of New Sources and Modifications in Indian Country: Extension of Permitting and Registration Deadlines for True Minor Sources Engaged in Oil and Natural Gas Production in Indian Country Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is issuing three final amendments to the ‘‘Federal Minor New Source Review (NSR) Program in Indian Country’’ (we refer to this rule as the ‘‘Federal Indian Country Minor NSR rule’’). We are amending the Federal Indian Country Minor NSR rule to extend the NSR minor source permitting deadline for true minor sources in the oil and natural gas sector from March 2, 2016, to October 3, 2016. We are also finalizing two amendments to conform the minor source registration deadline to the permitting deadline change. DATES: The final rule is effective on February 24, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2014–0606. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For general questions, please contact Mr. Christopher Stoneman, Outreach and Information Division, Office of Air Quality Planning and Standards (C304– 01), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number (919) 541– 0823; fax number (919) 541–0072; email address: stoneman.chris@epa.gov. For questions about the applicability of this action to a particular source, please contact the appropriate EPA Regional contact for your state: • EPA Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, and SUMMARY: E:\FR\FM\24FER1.SGM 24FER1

Agencies

[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Rules and Regulations]
[Pages 9105-9109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03860]


=======================================================================
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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0007; T.D. TTB-133; Ref: Notice No. 151]
RIN 1513-AC17


Establishment of the Lamorinda Viticultural Area

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

ACTION: Final rule; Treasury decision.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the

[[Page 9106]]

approximately 29,369-acre ``Lamorinda'' viticultural area in Contra 
Costa County, California. The viticultural area lies entirely within 
the larger San Francisco Bay viticultural area and the multicounty 
Central Coast viticultural area. TTB designates 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: This final rule is effective March 25, 2016.

FOR FURTHER INFORMATION CONTACT: Jesse Longbrake, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 066.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01, dated December 
10, 2013 (superseding Treasury Department Order 120-01, dated January 
24, 2003), to the TTB Administrator to perform the functions and duties 
in the administration and enforcement of these provisions.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to 
establish definitive viticultural areas and regulate 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) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

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 having distinguishing features, as described in part 9 
of the regulations, and a name and a delineated boundary, as 
established 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 the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA 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 (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and provides that any 
interested party may petition TTB to establish a grape-growing region 
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes 
standards for petitions for the establishment or modification of AVAs. 
Petitions to establish an AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA affecting viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA boundary;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed AVA, with the boundary of 
the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Lamorinda Petition

    TTB received a petition from Patrick L. Shabram, on behalf of the 
Lamorinda Wine Growers Association, proposing the establishment of the 
``Lamorinda'' AVA. The proposed Lamorinda AVA is located in Contra 
Costa County, California, and contains the cities of Lafayette, Moraga, 
and Orinda. The proposed viticultural area lies in the northeast 
portion of the established San Francisco Bay AVA (27 CFR 9.157) and 
also within the larger, multicounty Central Coast AVA (27 CFR 9.75).
    The proposed AVA covers approximately 29,369 acres and has 46 
commercially-producing vineyards that cover approximately 139 acres. 
The petition states that the individual vineyards are small, each 
covering less than 5 acres, due to the hilly terrain and the largely 
suburban nature of the region. However, three much larger commercial 
vineyards covering a total of 130 acres are either in the early 
development or public review stages. There are also six bonded wineries 
currently within the proposed AVA.
    According to the petition, the distinguishing features of the 
proposed Lamorinda AVA are its topography, geology, soils, and climate. 
The terrain of the proposed AVA is composed of moderate-to-steep hills 
with narrow valleys. The steep hillsides prevent the use of machinery 
for vineyard work within the proposed AVA, requiring instead that the 
work be done by hand. The proposed AVA is suitable for both cool- and 
warm-climate varietals because the hilly terrain results in disparate 
levels of sunlight at different elevations. The terrain of the proposed 
AVA contrasts with the steeper, more rugged terrain to the south and 
west and the lower, flatter plains to the north and east. Additionally, 
the proposed Lamorinda AVA is characterized by a distinct suburban land 
use pattern which tends to provide property owners with enough room to 
plant vineyards large enough for commercial viticulture. This contrasts 
with the more urban and densely populated areas to the east and west.
    The dominant geological formation of the proposed Lamorinda AVA is 
the Orinda Formation, while the Briones and Mulholland Formations are 
also present. These underlying geological formations affect viticulture 
in the proposed AVA due to their role in forming the soils of the 
region. Other geographic formations dominate the surrounding area.
    The soils of the proposed AVA have high levels of clay attributable 
to the weathering of the clay-rich Orinda Formation. Typically, clay-
rich soils have high water-holding capacities, but within the proposed 
AVA the thinness of the soils, steepness of terrain, and presence of 
sand in the soils allow rapid runoff of excess water. These features 
reduce the risk of vineyard diseases and rot normally associated with 
soils with high water-holding capacities. In contrast to the clay-rich 
soils of the proposed AVA, the soils to the west, south, and southeast 
are characterized by sedimentary and volcanic materials; soils to the 
north are typically fine-grained bay mud; and soils to the east

[[Page 9107]]

are characterized by deeper, coarser alluvial deposits.
    Finally, the proposed Lamorinda AVA generally has a warmer climate 
than the surrounding areas to the north, south, and west. The high 
ridgelines present to the north and west of the proposed AVA limit the 
amount of cool marine air and fog that enters the region from San 
Francisco Bay, San Pablo Bay, and Suisun Bay, resulting in higher 
growing degree day (GDD) \1\ accumulations within the region. This 
allows vineyards in the proposed AVA to support slower-maturing 
varieties of grapes which require longer growing seasons. The regions 
to the north, south, and west are more exposed to marine air and fog 
and have lower GDD accumulations than the proposed AVA. The area due 
east and further inland from the proposed AVA receives less marine air 
and fog, and experiences higher GDD accumulations than the proposed 
AVA.
---------------------------------------------------------------------------

    \1\ In the Winkler climate classification system, annual heat 
accumulation during the growing season, measured in annual GDDs, 
defines climatic regions. One GDD accumulates for each degree 
Fahrenheit that a day's mean temperature is above 50 degrees, the 
minimum temperature required for grapevine growth. See Albert J. 
Winkler, General Viticulture (Berkeley: University of California 
Press, 1974), pages 61-64.
---------------------------------------------------------------------------

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 151 in the Federal Register on April 14, 
2015 (80 FR 19895), proposing to establish the Lamorinda AVA. In the 
notice, TTB summarized the evidence from the petition regarding the 
name, boundary, and distinguishing features for the proposed AVA. The 
notice also compared the distinguishing features of the proposed AVA to 
the surrounding areas. For a detailed description of the evidence 
relating to the name, boundary, and distinguishing features of the 
proposed AVA, and for a detailed comparison of the distinguishing 
features of the proposed AVA to the surrounding areas, see Notice No. 
151.
    In Notice No. 151, TTB solicited comments on the accuracy of the 
name, boundary, and other required information submitted in support of 
the petition. In addition, given the proposed Lamorinda AVA's location 
within the existing San Francisco Bay AVA and the larger, multicounty 
Central Coast AVA, TTB solicited comments on whether the evidence 
submitted in the petition regarding the distinguishing features of the 
proposed AVA sufficiently differentiates it from the existing San 
Francisco Bay AVA and the larger, multicounty Central Coast AVA. 
Finally, TTB requested comments on whether the geographic features of 
the proposed AVA are so distinguishable from the surrounding San 
Francisco Bay AVA and the larger, multicounty Central Coast AVA that 
the proposed Lamorinda AVA should no longer be part of the established 
AVAs. The comment period closed June 15, 2015.

Comments Received

    In response to Notice No. 151, TTB received a total of 12 comments. 
Commenters were primarily local residents and members of the wine 
industry from the Lamorinda region, including vineyard owners, 
winemakers, and a retail wine shop proprietor. Commenters also included 
wine industry members from outside of the Lamorinda region who work 
with Lamorinda-based industry members in various capacities. All of the 
comments generally supported the establishment of the proposed AVA due 
to the unique microclimates, soils, and geology of the Lamorinda 
region. Comments also emphasized the strong sense of community identity 
and commitment to local wines in Lamorinda, and suggested that the 
establishment of the Lamorinda AVA will help Lamorinda consumers to 
identify and buy local wines. Further, some comments noted that because 
the San Francisco Bay and Central Coast AVAs are so large and diverse, 
they do not necessarily reflect the specific characteristics of 
Lamorinda grapes and wines, and as a result, establishing the Lamorinda 
AVA will help wine industry members in the region differentiate 
themselves from others within the larger AVAs.
    The comments did not raise any new issues concerning the proposed 
Lamorinda AVA, and TTB received no comments opposing its establishment. 
TTB received one comment (comment 3) in response to its question of 
whether the proposed Lamorinda AVA is so distinguishable from the 
established San Francisco Bay AVA and the Central Coast AVA that the 
proposed AVA should not be part of the established AVAs. While the 
commenter noted his belief that the proposed AVA's combination of 
climate, soil, and topography is different from most, if not all, other 
winegrowing areas in the San Francisco Bay and Central Coast AVAs, the 
commenter supported finalizing the rulemaking as proposed in the 
interest of the expedient establishment of a Lamorinda AVA.

TTB Determination

    After careful review of the petition and the comments received in 
response to Notice No. 151, TTB finds that the evidence provided by the 
petitioner supports the establishment of the Lamorinda AVA. 
Accordingly, under the authority of the FAA Act, section 1111(d) of the 
Homeland Security Act of 2002, and parts 4 and 9 of the TTB 
regulations, TTB establishes the ``Lamorinda'' AVA in Contra Costa 
County, California, effective 30 days from the publication date of this 
document.
    TTB has also determined that the Lamorinda AVA will remain part of 
the established San Francisco Bay AVA and the larger, multicounty 
Central Coast AVA. As discussed in Notice No. 151, both the San 
Francisco Bay AVA and the Lamorinda AVA are characterized by climates 
heavily influenced by marine air and fog from San Francisco Bay and the 
Pacific Ocean. However, as compared to other portions of the San 
Francisco Bay AVA, the Lamorinda AVA is more isolated from cool marine 
air due to the higher surrounding elevations and is also less affected 
by the heavy diurnal fog that characterizes the more coastal portions 
of the San Francisco Bay AVA.
    Further, as discussed in Notice No. 151, the large, 1 million-acre 
Central Coast AVA is only distinguished by the fact that all of its 
included counties experience marine climate influence due to their 
proximity to the Pacific Ocean. The Lamorinda AVA is located within the 
Central Coast AVA and, like the larger AVA, experiences mild marine 
breezes and nocturnal marine fog. However, due to its much smaller 
size, the proposed AVA has greater uniformity in geographical features 
such as topography, temperature, and soils, than the larger, 
multicounty Central Coast AVA.

Boundary Description

    See the narrative description of the boundary of the Lamorinda AVA 
in the regulatory text published at the end of this final rule.

Maps

    The petitioner provided the required maps, and they are listed 
below in the 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. For a wine to be labeled with an AVA name or with a 
brand name that includes an AVA name, at least 85 percent of the wine 
must be derived from grapes grown within the area represented by that 
name, and the wine must meet the other conditions listed in 27 CFR 
4.25(e)(3). If the wine is not eligible for

[[Page 9108]]

labeling with an AVA name 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 AVA name 
appears in another reference on the label in a misleading manner, the 
bottler would have to obtain approval of a new label. Different rules 
apply if a wine has a brand name containing an AVA 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.
    With the establishment of this AVA, its name, ``Lamorinda,'' will 
be recognized as a name of viticultural significance under Sec.  
4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the 
regulation clarifies this point. Consequently, wine bottlers using the 
name ``Lamorinda'' 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 AVA name as an 
appellation of origin.
    The establishment of the Lamorinda AVA will not affect any existing 
AVA, and any bottlers using ``San Francisco Bay'' or ``Central Coast'' 
as an appellation of origin or in a brand name for wines made from 
grapes grown within the San Francisco Bay AVA or the Central Coast AVA, 
respectively, will not be affected by the establishment of this new 
AVA. The establishment of the Lamorinda AVA will allow vintners to use 
``Lamorinda'', ``San Francisco Bay'', and ``Central Coast'' as 
appellations of origin for wines made primarily from grapes grown 
within the Lamorinda AVA if the wines meet the eligibility requirements 
for the appellation.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of an AVA 
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

    It has been determined that this final rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    Jesse Longbrake of the Regulations and Rulings Division drafted 
this final rule.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

    For the reasons discussed in the preamble, TTB amends title 27, 
chapter I, part 9, Code of Federal Regulations, 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. Subpart C is amended by adding Sec.  9.254 to read as follows:


Sec.  9.254  Lamorinda.

    (a) Name. The name of the viticultural area described in this 
section is ``Lamorinda''. For purposes of part 4 of this chapter, 
``Lamorinda'' is a term of viticultural significance.
    (b) Approved maps. The four United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Lamorinda viticultural area are titled:
    (1) Walnut Creek, CA, 1995;
    (2) Las Trampas Ridge, CA, 1995;
    (3) Oakland East, CA, 1997; and
    (4) Briones Valley, CA, 1995.
    (c) Boundary. The Lamorinda viticultural area is located in Contra 
Costa County, California. The boundary of the Lamorinda viticultural 
area is as described below:
    (1) The beginning point is on Walnut Creek map at the water tank 
(known locally as the Withers Reservoir) at the end of an unnamed 
light-duty road known locally as Kim Road, in the Ca[ntilde]ada del 
Hambre y Las Bolsas Land Grant.
    (2) From the beginning point, proceed south-southeast in a straight 
line approximately 0.8 mile to the 833-foot peak marked ``Hump 2;'' 
then
    (3) Proceed southeast in a straight line approximately 1.7 miles to 
the marked 781-foot peak south of the shared Lafayette-Walnut Creek 
corporate boundary line and north of an unnamed light-duty road known 
locally as Peaceful Lane; then
    (4) Proceed southeast in a straight line approximately 0.3 mile to 
the marked 610-foot peak southwest of an unnamed light-duty road known 
locally as Secluded Place; then
    (5) Proceed south-southwest in a straight line approximately 1.7 
miles to an unidentified benchmark at the end of an unnamed unimproved 
road known locally as Diablo Oaks Way in section 33, T1N/R2W; then
    (6) Proceed southeast in a straight line approximately 0.5 mile, 
crossing onto the Las Trampas map, and continuing another 0.9 mile to 
the substation at the southeast corner of section 4, T1S/R2W; then
    (7) Proceed southeast in a straight line approximately 2.3 miles to 
the 1,827-foot summit of Las Trampas Peak, section 22, T1S/R2W; then
    (8) Proceed south-southeast in a straight line approximately 2.1 
miles to the 2,024-foot benchmark marked ``Rock 2'' in section 26, T1S/
R2W; then
    (9) Proceed west-southwest in a straight line approximately 2.7 
miles to the marked 1,057-foot peak in section 29, T1S/R2W; then
    (10) Proceed west-southwest in a straight line approximately 2 
miles to the intersection of the 1,000-foot elevation line with the 
Contra Costa-Alameda County line in section 31, T1S/R2W; then
    (11) Proceed northwest in a straight line approximately 0.4 mile, 
crossing onto the Oakland East map, then continuing another 0.1 mile to 
the 1,121-foot peak in section 30, T1S/R2W; then
    (12) Proceed northwest in a straight line approximately 3.6 miles 
to the 1,301-foot peak in section 15, T1S/R3W; then
    (13) Proceed northwest in a straight line approximately 1.6 miles 
to the 1,634-foot peak in section 9, T1S/R3W; then
    (14) Proceed northwest in a straight line approximately 2.2 miles 
to the communication tower on the Contra Costa-Alameda County line in 
section 5, T1S/R3W; then
    (15) Proceed north in a straight line approximately 0.1 mile, 
crossing onto the Briones Valley map, then continuing another 0.6 mile 
to the 1,905-foot summit of Vollmer Peak in the El Sobrante Land Grant; 
then
    (16) Proceed north-northeast in a straight line approximately 3 
miles, crossing over to the 1,027-foot peak in the Boca de la 
Ca[ntilde]ada del Pinole Land Grant, to the Orinda corporate boundary 
line; then
    (17) Proceed generally east along the Orinda corporate boundary 
line approximately 3.3 miles to the water tank at the 1,142-foot 
elevation in the Boca de la Ca[ntilde]ada del Pinole Land Grant; then
    (18) Proceed east-northeast in a straight line approximately 1.2 
miles to

[[Page 9109]]

the 1,357-foot benchmark marked ``Russell'' in the Boca de la 
Ca[ntilde]ada del Pinole Land Grant; then
    (19) Proceed northwest in a straight line approximately 0.8 mile to 
the 1,405-foot peak in the Boca de la Ca[ntilde]ada del Pinole Land 
Grant; then
    (20) Proceed east-northeast in a straight line approximately 0.5 
mile, crossing onto the Walnut Creek map, then continuing another 1.1 
miles to the beginning point.

    Signed: January 11, 2016.
John J. Manfreda,
Administrator.
    Approved: January 22, 2016.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-03860 Filed 2-23-16; 8:45 am]
 BILLING CODE 4810-31-P