[Federal Register: May 19, 2005 (Volume 70, Number 96)]
[Proposed Rules]
[Page 28873-28878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my05-31]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
RIN 1513-AA54
[Notice No. 43]
Proposed Expansion of the Livermore Valley Viticultural Area
(2002R-202P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to amend
its regulations to expand the existing 96,000-acre Livermore Valley
viticultural area in Alameda County, California. The proposed expansion
would add 163,000 acres to the Livermore Valley viticultural area in
northern Alameda and southern Contra Costa Counties. We designate
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify the wines they
may purchase. We invite comments on this proposed addition to our
regulations.
DATES: We must receive written comments on or before July 18, 2005.
ADDRESSES: You may send comments to any of the following addresses:
Chief, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 43, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
http://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
http://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive about this proposal by appointment at
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an
appointment, call 202-927-2400. You may also access copies of the
notice and comments online at http://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
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 158, Petaluma, California 94952; telephone 415-271-
1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers with adequate information regarding product identity
and prohibits the use of misleading information on such labels. The FAA
Act also authorizes the Secretary of the Treasury to issue regulations
to carry out its provisions. The Alcohol and Tobacco Tax and Trade
Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. 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, elevation, physical features, and soils, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Livermore Valley Expansion Petition
TTB received a petition from the President of the Livermore Valley
Winegrowers Association proposing to expand the existing Livermore
Valley
[[Page 28874]]
viticultural area in California (27 CFR 9.46). As currently defined,
the area is located in Alameda County on the portion of the Livermore
Valley floor bordered by the Altamont Hills and Crane Ridge to the
east, Pleasanton Ridge to the west, Cedar Mountain Ridge and Rocky
Ridge to the south, and the Black Hills to the north. Presently, the
Livermore Valley viticultural area encompasses about 96,000 acres, of
which 4,235 are devoted to vineyards. A total of 20 wineries operate in
the existing viticultural area.
TTB also received a petition proposing to expand the existing San
Francisco Bay viticultural area (27 CFR 9.157) and Central Coast
viticultural area (27 CFR 9.75) from the Livermore Valley Winegrowers
Association. These proposed expansions, which are the subject of a
notice published elsewhere in this issue of the Federal Register,
correspond directly to the proposed Livermore Valley viticultural area
(27 CFR 9.46) expansion, the subject of this notice.
The petitioner requests an expansion of the existing Livermore
Valley viticultural area so that it encompasses both the valley floor
and the flanking hills that define the valley's geography and watershed
in Alameda County and southern Contra Costa County. According to the
petitioner, the 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 proposed expansion of the Livermore
Valley viticultural area would result in a viticultural area of about
259,000 acres, of which 4,355 acres are devoted to vineyards belonging
to 24 wineries. The expansion, therefore, would add approximately
163,000 total acres, 120 acres of vineyards, and 4 wineries to the
viticultural area.
Below, we summarize the evidence presented in the Livermore Valley
expansion petition.
Name Evidence
The original final rule that adopted the Livermore Valley
viticultural area, T.D. ATF-112 (47 FR 38520, September 1, 1982),
details the derivation of Livermore Valley as a place name and
summarizes strong evidence of Livermore Valley's local and national
renown as a vineyard region. As shown in ``A Companion to California
Wine'' and ``The Wine Atlas of California,'' the petitioner states that
Livermore Valley continues to garner renown as one of California's most
historic wine regions.
The petitioner in the present case reviewed historic and scientific
evidence, and believes the current viticultural area boundaries do not
accurately encompass land historically and geographically identified as
the Livermore Valley growing region. This evidence shows that lands
adjacent to current Livermore Valley viticultural area boundaries to
the north, east, south, and west deserve to be included in the
viticultural area, based on both shared name identification and shared
geographical features. In addition, the Livermore Valley viticultural
area and the proposed additions contrast sharply with lands beyond the
revised boundaries presented in the petition.
``Wines & Vines of California,'' ``American Wines,'' ``Gorman on
Premium California Wines,'' and ``The Winewright's Register'' all
document Livermore Valley as a much larger area, encompassing the
entire valley basin and its surrounding hills. All four works recognize
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 below, the evidence defining Livermore Valley in
this broader context covers all eras of the region's viticultural
history, from the 1880's to the present.
Boundary Evidence
According to the petitioner, the Livermore Valley has a long
viticultural history and strong regional identity, though precise
boundaries for the region were not defined until 1982, when the
Livermore Valley viticultural area was established. As described
earlier in this notice, the petitioner states that the Livermore Valley
viticultural area currently encompasses only a portion of the region's
valley topography. This notice proposes to expand the boundaries of the
Livermore Valley viticultural area to include those lands that, based
on name identity and natural features, the petitioners believe should
have been included in the original viticultural area petition. The
petitioner states that the proposed expansion boundaries maintain the
historic and geographic integrity of Livermore Valley viticultural
area.
Historical and current evidence presented in the petition explains
that 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. Historical and
modern maps provided with the petition show Livermore Valley as
including the entire basin area. In the book ``Early Days in the
Livermore Valley,'' 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,'' similarly features maps
on land use and mean annual precipitation that show Livermore Valley
stretching from Niles Canyon in the south to well beyond the Alameda/
Contra Costa County line in the north, and from hills west of
Pleasanton in the west to the Altamont Pass and the hills east of
Livermore in the east. The book ``Valley Profiles: A Photographic Essay
on the Livermore Valley of California'' includes a map of the Livermore
Valley that encompasses virtually the same area as the previous
examples: South to beyond Sunol, north to beyond Danville, west into
the hills east of Pleasanton and Dublin, and east to Altamont Pass.
The petitioner contends that this expansion of the Livermore Valley
viticultural area has strong local support, and the Livermore Valley
Winegrowers Association, which represents virtually all the vintners
and growers in the region, endorses the proposed expansion. The
Association's membership includes wineries and vineyards located in
Palomares Canyon and Sunol, along the western edge of the proposed
expansion. Wente Vineyards, one of the original Livermore Valley
viticultural area petitioners in the early 1980s, also favors and
supports the viticultural area boundary expansion proposal. In
addition, the Association's promotional brochure, ``Livermore Valley
Wine Country,'' features a map showing the broader definition of
Livermore Valley.
The petitioner claims that the Livermore Valley is considerably
larger than the limited portion of the valley floor and southern hills
included in the 1982 originally established Livermore Valley
viticultural area. Moreover, petition evidence shows the Livermore
Valley to be primarily defined by natural topographic features (that
is, mountain ranges and river drainages). The distinctive geographic
features that distinguish Livermore Valley, according to the
petitioner, result from these natural topographic features and their
influences and provide strong argument for expansion of the
viticultural area to include the entire Livermore Valley and its
encircling hills.
[[Page 28875]]
Distinguishing Features
The petitioner states that the proposed expansion of the Livermore
Valley viticultural area encompasses land with the same geographical
features as the current viticultural area. The uniformity of
distinguishing elements (climate, soil, and topography) is detailed
below. The foregoing is evidence that the expansion area proposed by
this petition is known as Livermore Valley.
Climate
As stated in T.D. ATF-112, the original final rule establishing the
Livermore Valley viticultural area, the Valley has a moderate coastal
climate resulting from its proximity to San Francisco Bay and the
Pacific Ocean. The original final rule also cites cool marine winds and
morning fog as important factors in moderating temperatures during the
growing season and keeping the area's vineyards relatively frost-free
during the early spring.
The majority of vineyard acreage in the Livermore Valley
viticultural area, as explained in T.D. ATF-112, is classified under
the University of California at Davis system of heat summation by
degree-days as Region III (3,001-3,500 degree-days). It further states
that a small portion of the area within Livermore Valley is classified
as Region II (2,501-3000 degree-days). (During the growing season, one
degree day accumulates for each degree Fahrenheit that a day's average
temperature is above 50 degrees, which is the minimum temperature
required for grapevine growth. See ``General Viticulture,'' by Albert
J. Winkler, University of California Press, 1974.)
According to the petitioner, cumulative climate data from the
National Weather Service shows an average annual degree-day total of
3,425 in the town of Livermore, the heart of the current Livermore
Valley viticultural area, which is at 486feet in elevation. The only
equivalent weather station in the proposed expanded viticultural area
is located at the 2,100-foot elevation Mount Diablo Junction, just
south of the proposed northern boundary. Cumulative climate data from
this weather station shows an average total for the growing season of
3,359 degree-days. The petitioner states that this provides clear
evidence that the climate in the expansion area is 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 (http://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, but, as
seen from the degree-day data above, provide a relatively uniform
climate throughout the Livermore Valley basin.
Developed by Waldimir Koppen in the early 20th century based on
temperature, precipitation, and vegetation, the Koppen (or ``Koeppen'')
climate classification system also offers evidence of this uniform
climate, according to the petitioner. The ``Koeppen Classification for
California'' map, developed by the University of Idaho, and the
``Koppen Climate Chart'' classify the Livermore Valley as ``Csb,''
described as ``Mediterranean-mild with dry warm summer.'' The region is
differentiated from the ``Csa'' (``Mediterranean mild with dry, hot
summer'') and ``BSk'' (Mid-latitude steppe, Mid-latitude 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. According to the petitioner, 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 petitioner believes that the Livermore Valley basin's climate
during the growing season represents a transition zone between the very
cool, temperate, marine-influenced climate directly adjacent to San
Francisco Bay, and the hot, dry diurnally (day versus night)
differentiated climate of the upper San Joaquin Valley. According to
the petitioner, 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 viticultural area at
approximately the same latitude. As mentioned earlier, the average
degree-day total within the proposed expanded Livermore Valley
viticultural area is fairly consistent--3,425 at Livermore, 3,359 at
Diablo Junction. The total at Upper San Leandro FLTR, directly west of
the proposed expansion area near San Francisco Bay is 2,461 degree-
days; the total at Tracy Carbona, directly east of the proposed
expansion area in the San Joaquin Valley, is 2,465 degree-days. The
Livermore Valley basin, bounded by hills to the west and east, has a
unique climate distinct from the adjacent areas, a geographical feature
that strongly supports expansion of the viticultural area to the
natural boundaries, according to the petitioner.
Soils
According to the petitioner, soils provide additional support for
the proposed expansion of the Livermore Valley viticultural area.
Although the geographic area encompassed by the proposed expansion is
significantly larger than the current Livermore Valley viticultural
area, the underlying geology and historic geologic forces crucial to
soil formation are the same, resulting in soils in the expansion areas
that are thoroughly consistent with those of the original viticultural
area, the petition states.
As shown on the Geologic Map of California, the same substrata
geology comprises both the current Livermore Valley viticultural area
and the proposed expansion: Pleistocene alluvial, mostly non-marine
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 petitioner states that the geologic forces that created the
topography and soils of the proposed expanded Livermore Valley
viticultural area are the same as the current 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 fault in the
center of the Valley) have shaped the region's topography. Erosion and
weathering of base material on the slopes and deposit of sediment on
the Valley floor due to runoff over the millennia have created the
soils of the region.
T.D. ATF-112, which established the Livermore Valley viticultural
area, states, ``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.'' The petitioner believes this
description represents a highly simplified review of the soils in the
original viticultural area. According to the ``Soil Survey, Alameda
Area, California,'' published by the United States Department of
Agriculture (USDA) in cooperation with the California Agricultural
Experiment
[[Page 28876]]
Station in 1966, the portion of the Livermore Valley floor within the
current viticultural area also includes Positas-Perkins association
(shallow gravelly loam on terraces) and Clear Lake-Sunnyvale
association (shallow clay soils on basins and terraces). Soils recorded
on the slopes of the current viticultural area by the survey include
Millsholm-Los Gatos-Los Osos association (well to excessively drained
low fertility soils on moderately sloping to very steep slopes),
Altamont-Diablo association (well to excessively drained clayey
moderate to high fertility soils on rolling to steep slopes), and
Vallecitos-Parris association (well-drained to excessively drained
shallow loam and gravelly loam soils, on steep to very steep slopes).
Both the ``Soil Survey, Alameda Area, California'' and the ``Soil
Survey of Contra Costa, California,'' published by the USDA in
cooperation with the California Agricultural Experiment Station in
1977, record the same soil associations in the proposed expansion area
as in the current viticultural area. In two cases, slightly different
associations are recorded in the two soil surveys (Altamont-Diablo and
Clearlake-Sunnyvale in Alameda; Altamont-Diablo-Fontana and Clearlake-
Cropley in Contra Costa), sometimes on contiguous sites. In both cases,
the soil descriptions are virtually identical, suggesting slightly
differing surveyor interpretations of the same soils.
From a viticultural standpoint, the petitioner explains, soils in
the proposed Livermore Valley viticultural area expansion are
distinguished from surrounding areas to the north and east (the only
sites on which vineyards logically can be planted in the immediate
vicinity, due to steep terrain, population density, and other factors).
Soils north and east of the proposed boundaries transition into
Brentwood-Rincon Zamora association (level, well-drained clay and silty
clay loam on alluvial fans) and Marcuse-Solan-Pescadero association
(nearly level, poorly drained clays, loam and clay loams on basin
rims). While suited to vineyards, the petitioner explains, these soils
differ from those in the current Livermore Valley viticultural area and
the proposed expansion.
Evidence Summary
The petitioner contends that the climate for the entire Livermore
Valley basin is the same moderate coastal climate as found in the
existing Livermore Valley viticultural area, with the same average
degree-day totals. In addition, the climate 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 the current
viticultural area. This unique climate, identical both in the current
Livermore Valley viticultural area and in the broader Livermore Valley
basin, the petitioner states, is evidence that the two areas are the
same.
According to the petitioner, geologic and soils evidence
illustrates the identical nature of the two areas in the substrata
geology. The geologic forces responsible for the topography and soils
throughout the proposed expansion are the same as in the current
viticultural area. The result is soils in the proposed expansion area
that mirror those in the current viticultural area--the same soil
associations (with allowance for surveyor interpretation) occur in
both. Unlike the climate, the soils in the proposed expansion area are
not absolutely unique to the region. However, lands beyond the
boundaries to the west and north--the only adjacent areas suited to
grape growing--transition into soil association not found in the
current viticultural area or the proposed expansion area.
The petitioner believes 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.
Boundary Description
See the narrative boundary description of the petitioned-for
expanded Livermore Valley viticultural area in the proposed regulatory
text amendment published at the end of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text amendment.
Impact on Current Wine Labels
The proposed expansion of the Livermore Valley viticultural area
will not affect currently approved wine labels. The approval of this
proposed 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.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should expand the Livermore Valley viticultural area as described
above. We are especially interested in comments concerning the
similarity of the proposed expansion area to the currently existing
Livermore Valley viticultural area. Please support your comments with
specific information about the proposed expansion area's name, proposed
boundaries, or distinguishing features.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals.
You may submit comments in any 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 http://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
[[Page 28877]]
e-rulemaking portal, visit http://www.regulations.gov and follow the
instructions for submitting comments.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine, in light of all circumstances, whether to hold a public
hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Library at
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at
20 cents per 8.5- x 11-inch page. Contact our librarian at the above
address or telephone 202-927-2400 to schedule an appointment or to
request copies of comments.
For your convenience, we will post this notice and any comments we
receive on this proposal on the TTB Web site. We may omit voluminous
attachments or material that we consider unsuitable for posting. In all
cases, the full comment will be available in the TTB Library. To access
the online copy of this notice 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 Procedures Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend
title 27, chapter 1, 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. Revise paragraphs (b) and (c) of Sec. 9.46 to read as follows:
Sec. 9.46 Livermore Valley.
* * * * *
(b) Approved Maps. The appropriate maps for determining the
boundaries of the Livermore Valley viticultural area are thirteen
1:24,000 scale U.S.G.S. 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) Begin on the Clayton map at the peak of Mount Diablo (VABM
3849) where the Mount Diablo Base Line and Mount Diablo Meridian Line
intersect; then
(2) 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);
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, T2S, R2E, and section
18, T2S, R3E, northern boundary lines to the northeast corner of
section 18; 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; 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; 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
[[Page 28878]]
intersection with the eastern boundary of section 5, T5S, R1E; then
(18) Continue northwest in a straight line approximately 1.1 miles
to the 1,291-foot peak in section 32, T4S, R1E; then
(19) Continue northwest in a straight line approximately 1.1 miles
to the 1,004-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 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; then
(23) Continue north-northwest in a straight line approximately 1.4
miles to an unnamed 840-foot peak; then
(24) Proceed north-northeast in a straight line approximately 3.4
miles, returning to the Dublin map, to the point of an angle in the
Contra Costa-Alameda County line in section 20, T2S, R1W, about 0.4
miles west of Wiedemann Hill (elevation 1,854); then
(25) Beginning in a northwesterly direction, proceed along the
meandering Contra Costa-Alameda County line for approximately 6.0
miles, passing briefly onto the Hayward, Las Trampas Ridge, and Diablo
maps, before returning the Las Trampas Ridge map and continuing to the
point of an angle in the Contra Costa-Alameda County line in section
35, T1S, R2W; then
(26) From that point, 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 at the summit of Mount Diablo on the Clayton map.
Signed: April 28, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-10006 Filed 5-18-05; 8:45 am]
BILLING CODE 4810-31-P