[Federal Register: March 8, 2005 (Volume 70, Number 44)]
[Proposed Rules]
[Page 11174-11178]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr05-23]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 34]
RIN 1513-AA64
Proposed Fort Ross-Seaview Viticultural Area (2003R-191T)
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
establish the 27,500-acre Fort Ross-Seaview viticultural area in
western Sonoma County, California. We designate viticultural areas to
allow vintners to better describe the origin of their wines and to
allow consumers to better identify wines they may purchase. We invite
comments on this proposed addition to our regulations.
DATES: We must receive written comments on or before May 9, 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. 34, 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 notice by appointment at
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an
appointment, call 202-927-2400. You may also access copies of the
notice and comments online at 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 the consumer with adequate information regarding a product's
identity and prohibits the use of misleading information on those
labels. The FAA Act also authorizes the Secretary of the Treasury to
issue regulations to carry out its provisions. The Alcohol and Tobacco
Tax and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, 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.
Fort Ross-Seaview Petition
Patrick Shabram, on his own behalf and on behalf of David Hirsch of
Hirsch Vineyards, submitted a petition to establish the ``Fort Ross-
Seaview'' American viticultural area in western Sonoma County,
California. The proposed Fort Ross-Seaview viticultural area is within
the existing North Coast (27 CFR 9.30) and Sonoma Coast (27 CFR 9.116)
viticultural areas. The area is close to the Pacific Ocean about 65
miles north-northwest of San Francisco. The petitioner states that the
proposed
[[Page 11175]]
area currently has 18 commercial vineyards on 506 acres.
Name Evidence
Russian fur trappers established Fort Ross in 1812 on a bluff
overlooking the Pacific Ocean, just west of the boundary of the
proposed Fort Ross-Seaview viticultural area. The fort served as
Russia's southern-most outpost in the Pacific Northwest until it was
abandoned in 1841. The site of the fort has been a California State
historical park since 1906, and, today, the reconstructed fort is open
to the public. Seaview is a small, unincorporated community and real
estate development located along the Pacific Coast Highway (State Route
1), a short distance northwest of the Fort Ross historical park. Much
of the Seaview community is within the proposed viticultural area.
United States Geological Survey (USGS) and California State
Automobile Association maps note the Fort Ross and Seaview names. The
1978 Fort Ross USGS quadrangle map covers a substantial portion of the
proposed viticultural area and shows Fort Ross Road winding through the
southern portion of the proposed area. The map also shows Seaview Road
and Seaview Cemetery within the proposed area. The October 2000
California State Automobile Association Mendocino and Sonoma Coast map
identifies Fort Ross and shows Fort Ross and Seaview Roads.
Local winegrowers, the petitioner explains, commonly refer to the
area as ``Fort Ross-Seaview'' to better define its remote location.
According to Daniel Schoenfeld, a resident of the area since 1972 and a
grape grower for 22 years, the Fort Ross-Seaview name is used to
identify the proposed area and eliminate possible confusion with other
geographic names. He also notes an increase in the use of the Fort
Ross-Seaview name in the past several years. For example, Charles L.
Sullivan's 2001 history of western Sonoma County viticulture, ``A
Miraculous Intersection,'' uses the term ``Fort Ross-Seaview district''
to describe the land in and near the proposed viticultural area. Mr.
Schoenfeld further explains that, historically and in modern times, all
three names, ``Fort Ross,'' ``Seaview,'' and ``Fort Ross-Seaview,''
have served to identify the area.
Boundary Evidence
The petition notes that viticulture within the proposed Fort Ross-
Seaview viticultural area dates to 1817 when Captain Leontii
Andreianovich Hagemeister brought Peruvian grape cuttings to Fort Ross.
The petition states that modern viticulture began in the proposed Fort
Ross-Seaview area in 1973 when Michael Bohan planted 2 acres of grapes
3 miles east of Fort Ross, between Seaview Road and Creighton Ridge. In
1974, he planted another 15 acres, and in 1976 he started selling his
grape harvest to wineries in Sonoma and Santa Cruz Counties,
California. David Hirsch states in an April 15, 2003, letter that he
planted a vineyard in 1980 between the 1,300- and 1,600-foot elevations
in the Fort Ross-Seaview area. As of spring 2003, the petition notes
that 18 commercial vineyards covering 506 acres exist within the
proposed viticultural area.
The petitioner states that the boundary of the proposed Fort Ross-
Seaview viticultural area incorporates the higher elevations of the
hills and mountains located along the Pacific coast near Fort Ross and
Seaview in western Sonoma County. The 920-foot elevation line defines
much of the proposed area's boundary, the petitioner explains, since it
marks the separation between the higher, sunnier elevations of the
proposed area and the surrounding lower, foggy elevations. According to
the petitioner, the lack of coastal marine fog at the higher elevations
within the proposed Fort Ross-Seaview viticultural area gives it a
unique microclimate.
David Hirsch notes in an April 2003 letter that, due to the lack of
coastal fog above the 920-foot contour, the proposed viticultural area
receives more hours of solar radiation than the surrounding lower
elevations, where grapes fail to grow. Hirsch states, ``[d]uring the
summer, fog usually covers the Sonoma Coast during the morning and
burns off about noon. This marine fog layer seldom rises above 900 feet
which explains why there are no vineyards below this elevation in the
proposed area.'' The petitioner adds that the Pacific Ocean's
moderating temperatures reduce the risk of nighttime freeze and frost
within the proposed viticultural area.
Growing Conditions
Topography
The proposed Fort Ross-Seaview viticultural area is composed of
steep, mountainous terrain that includes canyons, narrow valleys,
ridges, and 800- to 1,800-foot peaks, as shown on the USGS maps of the
area. Elevations within the proposed area generally run between 920 and
1,800 feet. Light-duty and unimproved roads and jeep trails meander
through the area, and creeks and ponds are scattered within it as well.
The petitioner explains that vineyards within the proposed area are
generally located on rounded ridges with summits that extend above
1,200 feet.
The USGS maps provided by the petitioner show the western boundary
of the proposed Fort Ross-Seaview viticultural area to be located
between 0.5 mile and 2.5 miles from the Pacific coastline and mostly at
or above the 920-foot elevation line. The maps also show that the San
Andreas Rift Zone runs generally parallel to the proposed western
boundary line, between the boundary and the Pacific coastline.
Soils
A large variety of soils exist within the proposed Fort Ross-
Seaview viticultural area, according to the petitioner. No predominant
soil type exists, the petitioner explains, and diverse soil series are
common to the area, including Yorkville, Boomer, Sobrante, and
Laughlin. The Hugo Series soils are abundant in the proposed Fort Ross-
Seaview viticultural area and are common in the mountain ranges of
Sonoma County and in Mendocino County to the north, according to the
petitioner. These soils, derived from sandstone and shale parent
material, as noted on pages 44 and 45 of the 1990 Soil Survey of Sonoma
County, California, are well-drained, very gravelly loams.
The petitioner emphasizes that the majority of soils are derived
from metamorphic rock, which is altered by heat, pressure, shearing, or
infusion. These metamorphic soils are common in the proposed area,
especially east of the San Andreas Rift Zone. M.E. Huffman and C.F.
Armstrong documented these soils on California Department of
Conservation Division of Mines and Geology maps, which were reprinted
in 2000.
Climate
As noted above in the Boundary Evidence discussion, the petitioner
states that the proposed Fort Ross-Seaview viticultural area has a
unique microclimate due to the lack of marine fog within its boundary.
The proposed area, which is generally above 900 feet in elevation,
receives more sun and is warmer than the surrounding land below 900
feet. The surrounding, lower elevation land is cooler and has a shorter
growing season than the proposed area due to the prevalence of marine
fog below the 900-foot elevation line.
Robert Sisson, former County Director and Farm Advisor for Sonoma
County, studied the coastal fog and its effects on agriculture for more
than three decades
[[Page 11176]]
according to Carol Ann Lawson in her 1976 University of California-
Davis M.A. thesis, ``Guidelines for Assessing the Viticultural
Potential of Sonoma County: An Analysis of the Physical Environment.''
According to Lawson and the petitioner, Sisson understood the climatic
diversity of the lower elevation, foggy coastal areas that surround
some of the higher, sunnier elevations. Sisson's work substantiates the
warmer climate classification for the high elevations within the
proposed Fort Ross-Seaview viticultural area, according to Lawson and
the petitioner.
Lawson's 1976 map ``Lines of Heaviest and Average Maximum Fog
Intrusion for Sonoma County'' places the proposed Fort Ross-Seaview
viticultural area in the heaviest fog intrusion area, which spans the
entire coast of Sonoma County. While this map's heavy fog line does not
detail the higher elevations and the contrasting warmer and sunnier
microclimates, Sisson's climatic data is depicted on the ``Climate
Types of Sonoma County'' map (Vassen, 1986), which documents that the
proposed viticultural area is in the ``Coastal Cool'' area. According
to the petitioner, this region grows some grape varietals, in contrast
to the surrounding lower, cooler and less sunny ``Marine'' climate
areas that cannot sustain viticulture.
The north California ocean water, rarely above 60 degrees
Fahrenheit, as the petitioner notes, creates a fogbank from mid-spring
to fall. This fog moves inland through lower-elevation mountain gaps
and valleys. The fog cools temperatures and reduces sunshine in the
early morning and late afternoon at elevations of 900 feet or less,
according to the petitioner. Also, the marine-influenced fog rarely
rises above the 900-foot elevation line in this Pacific coastal region.
Conversely, the proposed viticultural area, primarily between the 920-
and 1,800-foot elevation lines, has more daily sun, warmer
temperatures, and less fog during the growing season than the
surrounding, lower areas.
The established Sonoma Coast and Russian River Valley viticultural
areas, unlike the proposed Fort Ross-Seaview viticultural area,
generally have marine fog, which, the petitioner notes, creates a cool,
less sunny climate within those areas. Although the proposed Fort Ross-
Seaview viticultural area is within the much larger Sonoma Coast
viticultural area and not far from the Russian River Valley
viticultural area, the petitioner documents that it has a warmer
microclimate despite its high elevation.
The petitioner provides a 1995 comparison of temperatures between
Fort Ross State Historical Park at the 112-foot elevation just west of
the proposed boundary, and Campmeeting Ridge at the 1,220-foot
elevation inside the proposed area's boundary. The comparison shows
that the higher elevation ridge within the proposed Fort Ross-Seaview
area has warmer temperatures from May through October. Campmeeting
Ridge has both warmer daily high temperatures May through October and
warmer daily low temperatures in June, and in August through October
when compared to the lower elevations of the State park. This
comparison, based on National Climatic Data Center information, shows
significant growing season temperature variations between the lower and
higher elevations.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. If we establish this proposed viticultural area, its
name, ``Fort Ross-Seaview,'' will be recognized as a name of
viticultural significance, as will its abbreviated form, ``Ft. Ross-
Seaview.''
In addition, with the establishment of the Fort Ross-Seaview
viticultural area, the name ``Fort Ross,'' or its abbreviated form,
``Ft. Ross,'' standing alone will be considered a term of viticultural
significance because consumers and vintners could reasonably attribute
the quality, reputation, or other characteristic of wine made from
grapes grown in the proposed Fort Ross-Seaview viticultural area to the
name Fort Ross itself. We note in this regard that searches of the
Geographic Names Information System maintained by the U.S. Geological
Survey and the Internet reveal that the names ``Fort Ross'' and ``Ft.
Ross'' appear to apply only to the region of Sonoma County, California,
where the proposed Fort Ross-Seaview viticultural area is located.
Similar searches show that the name ``Seaview'' standing alone is used
for a number of places across the United States. We therefore do not
believe that ``Seaview'' standing alone would have viticultural
significance. Also see 27 CFR 4.39(i)(3), which provides that a name
has viticultural significance when determined by a TTB officer.
Therefore, the proposed part 9 regulatory text set forth in this
document specifies that ``Fort Ross-Seaview,'' ``Ft. Ross-Seaview,''
``Fort Ross,'' and ``Ft. Ross'' as terms of viticultural significance
for purposes of part 4 of the TTB regulations.
If this proposed text is adopted as a final rule, wine bottlers
using ``Fort Ross-Seaview,'' ``Ft. Ross-Seaview,'' ``Fort Ross,'' or
``Ft. Ross'' 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 one of those names as an appellation of
origin.
For a wine to be eligible to use as an appellation of origin a
viticultural area name or other term specified as being viticulturally
significant 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 or other term, and the wine must meet the
other conditions listed in 27 CFR 4.25(e)(3). If the wine is not
eligible to use as an appellation of origin a viticultural area name or
other viticulturally significant term that appears in the brand name,
then the label is not in compliance and the bottler must change the
brand name and obtain approval of a new label. Similarly, if the
viticultural area name or other viticulturally significant term appears
in another reference on the label in a misleading manner, the bottler
would have to obtain approval of a new label. Accordingly, if a new
label or a previously approved label uses the name ``Fort Ross-
Seaview,'' Ft. Ross-Seaview,'' ``Fort Ross,'' or ``Ft. Ross'' for a
wine that does not meet the 85 percent standard, the new label will not
be approved, and the previously approved label will be subject to
revocation, upon the effective date of the approval of the Fort Ross-
Seaview viticultural area.
Different rules apply if a wine has a brand name containing a
viticultural area name that was used as a brand name on a label
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are also
interested in receiving comments on the sufficiency and accuracy of the
name, climatic, boundary and other required information submitted in
support of the petition. In addition, we are interested
[[Page 11177]]
in receiving comments on our proposal to also identify ``Ft. Ross-
Seaview,'' ``Fort Ross,'' and ``Ft. Ross,'' as terms of viticultural
significance. While we do not believe that ``Seaview'' standing alone
would have viticultural significance, we also seek comments on this
point. Please provide any available specific information in support of
your comments.
Because of the potential impact of the establishment of the
proposed Fort Ross-Seaview viticultural area on brand labels that
include the words ``Fort Ross-Seaview,'' ``Ft. Ross-Seaview,'' ``Fort
Ross,'' or ``Ft. Ross'' as discussed above under Impact on Current Wine
Labels, we are particularly interested in comments regarding whether
there will be a conflict between the proposed area name and currently
used brand names. If a commenter believes that a conflict will arise,
the comment should describe the nature of that conflict, including any
anticipated negative economic impact that approval of the proposed
viticultural area will have on an existing viticultural enterprise. We
are also interested in receiving suggestions for ways to avoid
conflicts, for example by adopting a modified or different name for the
viticultural area.
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 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 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 by telephone at 202-927-2400 to schedule an appointment or
to request copies of comments.
For your convenience, we will post this notice and any comments we
receive on this proposal on the TTB Web site. We may omit voluminous
attachments or material that we consider unsuitable for posting. In all
cases, the full comment will be available in the TTB Library. To access
the online copies of this notice and the posted 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.
2. Amend subpart C by adding Sec. 9.---- to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.---- Fort Ross-Seaview.
(a) Name. The name of the viticultural area described in this
section is ``Fort Ross-Seaview''. For purposes of part 4 of this
chapter, ``Fort Ross-Seaview'', ``Ft. Ross-Seaview'', ``Fort Ross'',
and ``Ft. Ross'' are terms of viticultural significance.
(b) Approved Maps. The five United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Fort Ross-Seaview viticultural area are titled--
(1) Arched Rock, California--Sonoma Co., 1977 edition;
(2) Fort Ross, California--Sonoma Co., 1978 edition;
(3) Plantation, California--Sonoma Co., 1977 edition;
(4) Annapolis, California--Sonoma Co., 1977 edition; and
(5) Tombs Creek, California--Sonoma Co., 1978 edition.
(c) Boundary. The Fort Ross-Seaview viticultural area is located in
Sonoma County, California. The area's boundary is defined as follows:
(1) The beginning point is on the Arched Rock map at the
intersection of the 920-foot elevation line and Meyers Grade Road, T8N,
R12W. From the beginning point, the boundary line proceeds northwest on
Meyers Grade Road about 4.3 miles to the road's intersection with
Seaview and Fort Ross Roads, T8N, R12W (Fort Ross Quadrangle); then
(2) Continues northwest on Seaview Road about 6.4 miles to its
intersection with Kruse Ranch and Hauser Bridge
[[Page 11178]]
Roads in the southeast corner of section 28, T9N, R13W (Plantation
Quadrangle); then
(3) Continues west on Kruse Ranch Road about 0.2 mile to its
intersection with the 920-foot elevation line, T9N, R13W (Plantation
Quadrangle); then
(4) Proceeds northerly then easterly along the 920-foot elevation
line about 2.2 miles to its intersection with Hauser Bridge Road,
section 27, T9N, R13W (Plantation Quadrangle); then
(5) Proceeds east on Hauser Bridge Road about 1.5 miles to its
intersection with the 920-foot elevation line, section 23, T9N, R13W
(Plantation Quadrangle); then
(6) Proceeds northwesterly then easterly along the 920-foot
elevation line about 7.8 miles to its intersection with an unnamed,
unimproved road that forks to the south from Tin Barn Road, section 8,
T9N, R13W (Annapolis Quadrangle); then
(7) Proceeds east then north along the unnamed, unimproved road to
its intersection with Tin Barn Road, section 8, T9N, R13W (Annapolis
Quadrangle); then
(8) Proceeds east in a straight line about 1.55 miles to the line's
intersection with Haupt Creek, section 10, T9N, R13W (Annapolis
Quadrangle); then
(9) Follows Haupt Creek southeasterly about 1.2 miles to its
junction with the western boundary of section 11, T9N, R13W (Annapolis
Quadrangle); then
(10) Proceeds straight north along the western boundary of section
11 about 0.9 mile to the northwest corner of section 11 (near Buck
Spring), T9N, R13W (Annapolis Quadrangle); then
(11) Proceeds 1.1 miles straight east along the northern boundary
of section 11 and then section 12 to the section line's intersection
with an unnamed, unimproved road along Skyline Ridge, section 12, T9N,
R13W (Annapolis Quadrangle);
(12) Follows the unnamed, unimproved road southeast about 1.3 miles
to the road's intersection with the 1,200-foot elevation line, section
13, T9N, R13W (Tombs Creek Quadrangle); then
(13) Proceeds southeasterly along the 1,200-foot elevation line
about 0.6 mile its intersection with Allen Creek, section 18, T9N, R12W
(Tombs Creek Quadrangle); then
(14) Follows Allen Creek north about 0.2 mile to its intersection
with the 920-foot elevation line, section 18, T9N, R12W (Tombs Creek
Quadrangle); then
(15) Proceeds easterly and then southeasterly along the meandering
920-foot elevation line to its intersection with Jim Creek, south of a
1,200-foot plateau named The Island, section 21, T9N, R12W (Fort Ross
Quadrangle); then
(16) Follows Jim Creek southeast about 0.7 mile to its intersection
with the northern boundary of section 27, T9N, R12W (Fort Ross
Quadrangle); then
(17) Proceeds along the northern boundary of section 27, T9N, R12W,
to the northeast corner of that section (Fort Ross Quadrangle); then
(18) Proceeds south along the eastern boundaries of sections 27 and
34, T9N, R12W, and continues south along the eastern boundaries of
sections 3, 10, 15, and 22, T8N, R12W, to the intersection of the
eastern boundary of section 22 and Fort Ross Road (Fort Ross
Quadrangle); then
(19) Proceeds east a short distance on Fort Ross Road to the road's
intersection with the Middle Branch of Russian Gulch Creek, and then
follows the creek south for about 1.2 miles to the creek's intersection
with the 920-foot elevation line, east-southeast of the Black Mountain
Conservation Camp, section 26, T8N, R12W (Fort Ross Quadrangle); then
(20) Proceeds southerly along the meandering 920-foot elevation
line about 8.1 miles, passing between the Fort Ross and Arched Rock
maps as the 920-foot elevation line meanders north then south around
the West Branch of Russian Gulch, and returns to the beginning point at
Meyers Grade Road, T8N, R12W (Arched Rock Quadrangle).
Dated: February 20, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-4390 Filed 3-7-05; 8:45 am]
BILLING CODE 4810-31-P