[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Rules and Regulations]
[Pages 56481-56485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22383]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

RIN 1512-AC92
[T.D. ATF-482; Re: Notice No. 891]


Expansion of Lodi Viticultural Area (2000R-436P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.

ACTION: Treasury decision, final rule.

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SUMMARY: This Treasury decision expands the existing Lodi viticultural 
area located in Sacramento and San Joaquin counties in California. This 
decision changes the southern and western boundaries of the Lodi 
viticultural area, expanding it 17 percent in size. The Bureau of 
Alcohol, Tobacco and Firearms believes the use of viticultural area 
names as appellations of origin in wine labeling and advertising helps 
consumers identify the wines they may purchase. It also allows wineries 
to better designate the specific grape-growing area in which their wine 
grapes were grown.

EFFECTIVE DATE: Effective November 4, 2002.

FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Specialist, Regulations 
Division (San Francisco, CA), Bureau of Alcohol, Tobacco and Firearms, 
221 Main Street, 11th Floor, San Francisco, CA 94105; telephone (415) 
947-5192.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

What is ATF's Authority to Establish a Viticultural Area?

    The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 
205(e) requires that alcohol beverage labels provide the consumer with 
adequate information regarding a product's identity and prohibits the 
use of deceptive information on such labels. The FAA Act also 
authorizes the Bureau of Alcohol, Tobacco and Firearms (ATF) to issue 
regulations to carry out the Act's provisions.
    Regulations in 27 CFR part 4, Labeling and Advertising of Wine, 
allow the establishment of definitive viticultural areas. The 
regulations allow the name of an approved viticultural area to be used 
as an appellation of origin on wine labels and in wine advertisements. 
A list of approved viticultural areas is contained in 27 CFR part 9, 
American Viticultural Areas.

What is the Definition of an American Viticultural Area?

    An American viticultural area is a delimited grape-growing region 
distinguishable by geographic features such as soil, climate, 
elevation, topography, etc., which distinguish it from surrounding 
areas.

What is Required to Establish a Viticultural Area?

    Any interested person may petition ATF to establish a grape-growing 
region as a viticultural area. The petition must include:
    [sbull] Evidence that the name of the proposed viticultural area is 
locally and/or nationally known as referring to the area specified in 
the petition;
    [sbull] Historical or current evidence that the boundaries of the 
viticultural area are as specified in the petition;
    [sbull] Evidence relating to the geographical characteristics 
(climate, soil, elevation, physical features, etc.) which distinguish 
the viticultural features of the proposed area from surrounding areas;
    [sbull] A description of the specific boundaries of the 
viticultural area, based on features which can be found on United 
States Geological Survey (U.S.G.S.) maps of the largest applicable 
scale; and
    [sbull] A copy (or copies) of the appropriate U.S.G.S. map(s) with 
the proposed boundaries prominently marked.

Lodi Expansion Petition

    ATF received a petition in 1998 from Christopher Lee, an attorney 
representing nine San Joaquin County grape growers, proposing to expand 
the Lodi viticultural area, 27 CFR 9.107. ATF published a Notice of 
Proposed Rulemaking on February 7, 2000, describing the petition and 
requesting comments (Notice No. 891; 65 FR 5828). Evaluation of the 
comments, consideration of alternate boundaries, and the need for 
additional documentation delayed our publication of this final rule.
    The Lodi viticultural area is located approximately 70 miles inland 
from the Pacific coast between Sacramento and Stockton in northern 
California. The originally approved Lodi viticultural area encompasses 
approximately 458,000 acres. The expansion areas are to the south and 
west of the original viticultural area. The expansion areas include 
93,500 acres with approximately 10,840 acres of planted wine grapes. 
The southern addition totals 66,000 acres, with 5,600 vineyard acres. 
The Calaveras River, the San Joaquin-Stanislaus County line, State 
Route 4, and Interstate 5 form the southern expansion's boundaries. The 
western addition includes 27,500 acres, with 5,240 acres planted to 
vines. Eightmile Road west of Interstate 5, Bishop Cut, a line drawn 
through a series of landmarks through the sloughs and islands, and the 
meandering Mokelumne River to its intersection with the original 
western boundary at the Sacramento County line form the western 
expansion area's boundaries.
    The Clarksburg viticultural area borders the expanded Lodi 
viticultural area on the northwest, while the large Sierra Foothills 
viticultural area lies to east of the Lodi viticultural area. The Lodi 
expansion neither creates overlaps with other viticultural areas nor 
encompasses any smaller viticultural area.

[[Page 56482]]

Notice of Proposed Rulemaking

Comments

    The Notice of Proposed Rulemaking, Notice No. 891, requested 
comments from all interested persons concerning the expansion of the 
Lodi viticultural area by April 7, 2000. ATF received twenty-three 
comments from individuals and groups, including industry members, the 
Lodi Appellation Winery Association, the Lodi-Woodbridge Winegrape 
Commission, and the West Lodi Growers group.
    ATF received five favorable comments from four industry members and 
one Lodi resident. These comments indicated the expansion area is 
recognized by the Lodi name, and that its climate and soil are similar 
to the original area. An industry member with 40 years viticulture 
experience, who has farmed grapes in the original and expanded western 
Lodi viticultural area, noted that he uses similar farming and 
irrigation practices for all his vineyards and sells the grapes on the 
same contracts for the same prices.
    The Lodi-Woodbridge Winegrape Commission, which has concurrent 
boundaries with California's Crush District 11, took a neutral position 
on the area's expansion. The Commission's boundaries encompass the 
original and expanded Lodi viticultural area.
    The Lodi Appellation Winery Association comment letter, containing 
eight signatures, opposed the viticultural area's expansion. In 1982, 
the Association actively worked to define the original Lodi 
viticultural area. The Association continues to believe the 
viticultural area's original boundaries are correct, based on their 
collective experience and knowledge. Three individual industry members 
sent comments similar to the Association's opposing comments.
    The Lodi Appellation Winery Association contends the expansion is 
an attempt at economic gain that could create consumer confusion and 
hurt the Lodi viticultural area name. The letter noted that the 
expansion petitioner's information on climate, soil, and other elements 
was based on evidence from paid soil scientists and meteorologists, not 
from experienced winegrowers of the area. The Association's letter also 
states that, while the original 1982 Lodi petitioners didn't consider 
the Linden area (a part of the southern expansion), they did include 
all existing, significant wine grape plantings to the west.
ATF Response
    The Lodi Appellation Winery Association letter did not provide 
evidence substantiating their claims of consumer confusion and faulty 
climate and soil data. As noted above, ATF did receive a favorable 
comment from an industry member with extensive viticultural experience 
on both sides of the original western boundary and the expansion 
petition group is composed of area vineyard owners who are familiar 
with local conditions.

West Lodi Growers Group Comments

    ATF received six comments from the West Lodi Growers group 
requesting inclusion of their lands, which are located adjacent to the 
petitioned western expansion area. The West Lodi Growers group did not 
object to the expansions, but wished to be included in the expanded 
Lodi viticultural area. The petitioned western expansion line used mean 
sea level, or the zero-foot elevation, to realign the boundary from one 
to two miles west of the original line. The expansion petition stated 
that the land below mean sea level further to the west had different 
soils and drainage than the petitioned expansion area.
    The West Lodi Growers group asked that the proposed western 
expansion boundary be moved about two miles further west, encompassing 
an additional 13,000 acres of agricultural land, much of which is below 
mean sea level. The West Lodi Growers group provided substantive 
documentation of this land's soil and drainage conditions in support of 
their request for inclusion in the expanded Lodi viticultural area.
    Terry Prichard, an Extension Soil and Water Specialist for the 
University of California at Davis, collected and analyzed independent 
soil samples from the western Lodi area below mean sea level. The West 
Lodi Growers group included Mr. Prichard's findings in their comments. 
His study indicates that these soils have neutral pH, mineral soil 
classifications, and viticulture production capabilities identical to 
the western expansion area adjacent to the original boundary line. Mr. 
Prichard states the only distinguishing factor between the two western 
expansion areas is the difference in elevation, above or below mean sea 
level.
    The drainage management system for the western Lodi area below mean 
sea level includes a system of levees, allowing for successful 
viticulture. The latest soil survey, completed in 1977, does not 
account for changes in the last 25 years. Since 1977, the soil has been 
altered from an organic to a mineral soils classification through 
drainage management, the physical mixing of soils, and natural 
oxidation. To the west of the expanded boundary line, the soils 
gradually revert to an organic classification. The soil pH level in the 
western expansion area is now typically above 7, or neutral. The 
organic matter content of the surface soils (0-24 inch depth) has 
fallen to an average of 1.2%, with the deeper soils (24-28 inch depth) 
averaging 0.2%. Thus, the soil in the area below sea level now 
resembles that of the original Lodi viticultural area.
    Soil scientist, horticulturist, and vineyard consultant Stanley 
Grant also evaluated the West Lodi Growers' lands below mean sea level 
by taking and evaluating field soil samples and by using federal Soil 
Conservation Service information. The tested soils correlated well with 
the USDA Soil Survey of San Joaquin County, California, for mineral 
soils, and clay and silt clay loams, but had little correlation to the 
County's organic mucks and mucky silt loams. Laboratory testing of 
field samples indicated the surface organic matter ranged between 4.1% 
and 8.4%, within the range for mineral soils and below the range for 
organic soils. The surface pH ranged between 6.7 and 7.9, being neutral 
to slightly alkaline, also indicative of mineral soils.
    Mr. Grant notes that the continuous cultivation of the West Lodi 
Growers' lands has changed their soil character from organic to mineral 
and extended the mineral soils further west, below sea level, than 
indicated on the 1975-1977 soil survey maps. The differences between 
the soils to the immediate east and west of the original Lodi west 
boundary at Interstate 5 are negligible, reflecting strong soil 
similarities between Lodi's original and expanded western area. In 
contrast, the area outside and to the west of the expanded Lodi 
viticultural area boundary line maintains its organic soil character.
    Irrigation advisor Todd Otto stated the water table in the West 
Lodi Growers area, above or below mean sea level, plays no major role 
in wine grape production. He stated that the water table in west Lodi 
can be successfully regulated through irrigation drainage management. 
With their drainage infrastructure, he added, the west Lodi area 
growers have an advantage over the central Lodi growers in removing 
excess water.

ATF Determination

    After evaluating all comments, ATF asked for additional information 
and documentation from the expansion petitioner. The expansion 
petitioner provided further evidence, including updates in 2001, on the 
soil, climate, and name recognition for their proposed southern and 
western expansion areas showing their similarity to the original Lodi 
viticultural area.

[[Page 56483]]

    ATF also sought further documentation and evidence from the West 
Lodi Growers group, which sought to further enlarge the proposed 
western Lodi expansion. In response, the group provided further 
evidence in support of the additional western expansion. The group's 
documentation of soil, drainage, and climate conditions in the enlarged 
expansion area provided substantive and convincing evidence of the 
similarities between the western Lodi area and the original 
viticultural area.
    Subsequent to reviewing the additional evidence from both sources, 
ATF asked the expansion petitioner to comment on the West Lodi Growers' 
request for a larger western expansion. On behalf of the petitioners, 
attorney Christopher Lee stated that his group supported the larger 
western expansion requested by the West Lodi Growers group.
    In light of the evidence provided, ATF has determined to expand the 
Lodi viticultural area to encompass the southern expansion area and the 
entire western expansion area, including the area requested for 
inclusion by the West Lodi Growers group. This decision is based on: 
(1) The expansion of wine grape growing to areas adjacent to the 
original Lodi viticultural area since the original 1982 petition, (2) 
the significant, substantive, and convincing evidence provided 
regarding the similarities between the original Lodi area and the 
expansion areas, and (3) the support of the expansion petitioners for 
the addition of the West Lodi Grape Growers group's lands to the Lodi 
viticultural area. ATF also notes that the expanded Lodi area is still 
within the boundaries of the Lodi-Woodbridge Winegrape Commission and 
California Crush District 11.
    This final rule modifies paragraphs (b) and (c) of section 9.107 of 
27 CFR part 9, American Viticultural Areas. The list of maps required 
to define the Lodi viticultural area is revised, as is the language 
describing the area's southern and western boundaries. While the 
northern and eastern boundaries are not changed, ATF has modified the 
language used in their description to meet plain language requirements. 
This final rule also corrects a minor error found in the current 
section 9.107(c)(10). This paragraph's last line, which reads ``ending 
in the ``Folsom SE'' map);'' should read ``ending in the Sloughhouse, 
Calif. map);''.

The Expanded Lodi Viticultural Area

Evidence That the Name of the Area is Locally or Nationally Known

    The Lodi viticultural area expansion petition used the borders of 
the Lodi-Woodbridge Wine Commission, which is concurrent with 
California Crush District 11, and a Lodi Chamber of Commerce map, as 
evidence that the ``Lodi'' name is recognized for the original and 
expanded Lodi viticultural areas. In addition, the expansion petition 
noted that the city of Lodi's Pacific Bell telephone directory service 
area includes the western expansion area, while Electoral District 
Four, commonly referred to as the Lodi/North County/East County 
District, encompasses the southern expansion area.

Historical or Current Evidence That the Boundaries of the Viticultural 
Area are as Specified in the Petition

    The expanded Lodi viticultural area is within the boundaries of the 
Lodi-Woodbridge Wine Commission, a group established in 1991 within 
California Crush District 11 for regional viticultural promotion, 
research, and education. The ``Soil Survey of the Lodi Area,'' 
California, 1937, ``California Wine Country,'' 1968; and ``The Grape 
Districts of California,'' undated, include generally all boundary 
descriptions that encompass the Lodi viticultural area's expanded 
boundaries.

Evidence Relating to the Geographical Features (Climate, Soil, 
Elevation, Physical Features, Etc.) Which Distinguish Viticultural 
Features of the Proposed Area From Surrounding Areas

    The original Lodi viticultural area final ruling of February 13, 
1986, (T.D.-223, 51 FR 5324) provides details on the area's geography, 
soils, and climate. Included within the viticultural area's original 
boundaries were alluvial fans, flood plains, and lower and higher 
terraced areas. The climatically moderating effect of the wind gap from 
San Francisco Bay, as well as the area's soils, provided distinctive 
grape growing conditions for the Lodi area.

Soil

    The original petition soil information, taken from 1952 and 1954 
publications, listed Hanford, Delhi, or Dinuba soils on the alluvial 
fans and San Joaquin, Madera, Ramona, and Redding soils in the terrace 
areas. The region west of the original boundary line was described as 
flood-prone, poorly drained Delta land, with Ryde soils and peat.
    The expansion petition, however, provides evidence that the soils 
within the original and expansion areas are, in fact, alike. The 
twenty-two soils in the original viticultural area are also in the 
expansion areas. These soils are generally coarse to moderately fine in 
texture, moderately well to well drained, and have great depth.
    The Lodi viticultural area is a low, relatively flat area located 
along the western slope of the Sierra Nevada Mountains. This mountain 
range influences the soils of the viticultural area through the 
weathering, erosion, and soil deposits along its western slope. 
Historic climatic fluctuations, including glacial and warm periods, 
have created the major estuaries that deposit soils within the Lodi 
area. The western-most expansion portion had organic soils until 
technology, cultivation, and natural oxidation transformed them into 
mineral soils.
    The soils of the south expansion area are similar to those to its 
north within the original Lodi viticultural area's boundary lines. The 
original area and the southern expansion area have predominantly older 
terrace soils and low Sierra foothill residue soils. The soil 
associations include Archerdale-Cogna-Finrod, Tokay-Acampo, Madera-San 
Joaquin-Burella, Cometa San Joaquin-Rocklin, Pentz-Pardee-Keyes-
Hadsleville-Mokelumne, Redding-Redbluff-Yellowlark, and Auburn-
Whiterock-Argonaut.
    The western expansion area soils are a continuation of those found 
immediately within the original western boundary line. The soil 
associations include Peliter-Egbert-Sailboat, Merritt-Grangeville-
Columbia-Vina-Coyotecreek, Jacktone-Hollenbeck-Stockton, Devries-
Rioblancho-Guard, Archerdale-Cogna-Finrod, and Tokay-Acampo. The 
western-most part of this expansion area, located at or slightly below 
mean sea level, has a system of man-made levees constructed along 
sloughs and channels. Between these levees are ``islands'' equipped 
with drainage pipes, pumps, and ditches that reduce the water content 
of the land and facilitate agriculture. Since the soil survey of 1975 
to 1977, the soil's natural oxidation, a factor of the drainage system 
and the atmosphere, in conjunction with cultivation of the land, has 
changed the character of the soil from organic to mineral. This area 
now has the same mineral soil classifications as the rest of the 
western expansion and as the area inside the original west boundary. 
These soils now bear little correlation to the area's 1975 to 1977 soil 
survey.

[[Page 56484]]

Geography
    The original Lodi viticultural area is described as an inland area 
of alluvial fans, flood plains, and lower and higher terrace lands. The 
southern expansion of 66,000 acres has similar topography to the area 
directly north within the original viticultural area's boundaries. The 
western expansion of 27,500 acres, with elevations varying between ten 
feet above to ten feet below sea level, is lower than the average 
elevation of ten feet above sea level at the original west boundary 
line. However, the flat, low terrain of the original west boundary area 
and the western expansion area are similar.
Climate
    The climatically moderating effect of the San Francisco Bay wind 
gap, originating at the Pacific Ocean and the Golden Gate, along with 
the Sacramento Delta winds, make the Lodi viticultural area a 
distinctive grape-growing region. The San Francisco Bay winds travel 
east, cross the lower elevations, and cool the inland Lodi area. 
Immediately outside the viticultural area, the climate is naturally 
warmer to the north and south. However, with the prevailing wind gap 
effect, it is cooler to the west; it is also cooler to the east due to 
the cold air drainage from the Sierra Nevada.
    The temperatures and rainfall of the expansion areas are similar to 
the original Lodi viticultural area. A three-year comparison of degree-
day readings and rainfall was made between Linden in the southern 
expansion and Lockeford, close to the center of the original 
viticultural area. A similar three-year comparison was made between 
Canal Ranch in the western expansion area and the city of Lodi in the 
original viticultural area. The temperature variation was minor, less 
than 0.5 degree per day over the course of a 210-day growing season for 
the expansion areas. The rainfall totals, with the exception of an 
atypically large 1998-1999 Linden total, are similar in amount and 
variation from year-to-year.

Regulatory Analyses and Notices

Does the Paperwork Reduction Act Apply to this Final Rule?

    The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 
chapter 35, and its implementing regulations, 5 CFR part 1320, do not 
apply to this rule because we impose no requirement to collect 
information.

How Does the Regulatory Flexibility Act Apply to this Final Rule?

    It is hereby certified that this regulation will not have a 
significant economic impact on a substantial number of small entities 
or otherwise cause a significant increase in reporting, record keeping, 
or other compliance burdens on a substantial number of small entities. 
No new requirements are imposed. ATF approval of a viticultural area is 
not an endorsement of the wine produced in the area. The approval of 
this viticultural area petition merely allows the wineries in the area 
to more accurately describe the origin of their wines to consumers and 
helps consumers identify the wines they purchase. Thus, any benefit 
derived from the use and reputation of a viticultural area name is the 
result of a proprietor's own efforts and consumer acceptance of wines 
from that area. Accordingly, a regulatory flexibility analysis is not 
required.

Is this a Significant Regulatory Action as Defined by Executive Order 
12866?

    We have determined that this regulation is not a significant 
regulatory action as defined by Executive Order 12866. A regulatory 
assessment is not required.

Drafting Information

    The principal author of this document is Nancy Sutton, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 9

    Wine.

Authority and Issuance

    For the reasons set forth in the preamble, Title 27, Code of 
Federal Regulations, part 9, American Viticultural Areas, is amended as 
follows:

PART 9--AMERICAN VITICULTURAL AREAS

    Paragraph 1. The authority citation for part 9 continues to read as 
follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

    Par. 2. Section 9.107 is amended by revising paragraphs (b) and (c) 
to read as follows:


Sec. 9.107  Lodi.

    (a) * * *
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Lodi viticultural area are 18 U.S.G.S. 7.5 minute 
series maps and are titled as follows:
    (1) Valley Springs SW, Calif. 1962;
    (2) Farmington, Calif. 1968 (Photorevised 1987);
    (3) Peters, CA 1952, (Photorevised 1968);
    (4) Stockton East, Calif. 1968, (Photorevised 1987);
    (5) Waterloo, Calif. 1968, (Photoinspected 1978);
    (6) Lodi South, Calif. 1968, (Photorevised 1976);
    (7) Terminous, Calif. 1978; (Minor Revision 1993);
    (8) Thornton, Calif. 1978;
    (9) Bruceville, Calif. 1968, (Photorevised 1980);
    (10) Florin, Calif. 1968 (Photorevised 1980);
    (11) Elk Grove, Calif. 1968 (Photorevised 1979);
    (12) Sloughhouse, Calif. 1968 (Photorevised 1980, Minor Revision 
1993);
    (13) Buffalo Creek, Calif. 1967 (Photorevised 1980);
    (14) Folsom SE, Calif. 1954 (Photorevised 1980);
    (15) Carbondale, Calif. 1968 (Photorevised 1980, Minor Revision 
1993);
    (16) Goose Creek, Calif. 1968 (Photorevised 1980, Minor Revision 
1993);
    (17) Clements, Calif. 1968 (Minor Revision 1993); and
    (18) Wallace, Calif. 1962.
    (c) Boundaries. The Lodi viticultural area is located in California 
in the counties of Sacramento and San Joaquin. The beginning point is 
located at the intersection of the Calaveras River and the San Joaquin-
Stanislaus County line (Valley Springs SW, Calif. map).
    (1) From the beginning point, proceed south along the San Joaquin-
Stanislaus County line to its intersection with State Route 4, also 
known as Funck Road, T1N, R9E (Farmington, Calif. map);
    (2) Then proceed west on State Route 4 (west on Funck Road, then 
south on Waverly Road, then west through the village of Farmington on 
Farmington Road) to State Route 4's intersection with Jack Tone Road, 
T1N, R7E (beginning on the Farmington, Calif. map, passing through the 
Peters, CA map, and ending on the Stockton East, Calif. map);
    (3) Then proceed north along Jack Tone Road to its intersection 
with Eightmile Road, T3N, R7E (ending on the Waterloo, Calif. map);
    (4) Then proceed west along Eightmile Road to its intersection with 
Bishop Cut, T3N, R5E (beginning on the Waterloo, Calif. map, passing 
through the Lodi South, Calif. map, and ending on the Terminous, Calif. 
map);

[[Page 56485]]

    (5) Then proceed north along Bishop Cut to White Slough, T3N, R5E 
(Terminous, Calif. map);
    (6) Then proceed west along White Slough to an unnamed drainage 
canal on Terminous Tract, across the slough from a marked pumping 
station on King Island, T3N, R5E (Terminous, Calif. map);
    (7) Then proceed straight northwest on the Terminous Tract to the 
south end of Peatland Road and follow it north to its intersection with 
State Route 12, T3N, R5E (Terminous, Calif. map);
    (8) Then proceed west 0.2 mile on State Route 12 to its 
intersection with an unnamed unimproved road at BM-8, and continue 
straight northwest on the Terminous Tract to the marked siphon on the 
south side of Sycamore Slough, T3N, R5E (ending on the Thornton, Calif. 
map);
    (9) Then proceed in a straight line north-to-northeast across Brack 
Tract, Hog Slough and Canal Ranch to the line's intersection with 
Beaver Slough near the 90-degree east turn of an unnamed light duty 
road, west of a small cluster of buildings, T4N, R5E (Thornton, Calif. 
map);
    (10) Then proceed west along Beaver Slough to its intersection with 
the South Mokelumne River, following the river north and east to its 
intersection with Interstate 5 (marked as under construction), T5N, R5E 
( ending on the Bruceville, Calif. map);
    (11) Then proceed northwest along Interstate 5 to its intersection 
with an unnamed road, locally known as Hood-Franklin Road.
    (12) From Interstate 5, proceed east on Hood-Franklin Road to its 
intersection with Franklin Boulevard, Section 17, T6N, R5E (ending on 
the Florin, Calif. map);
    (13) Proceed generally north along Franklin Boulevard to its 
intersection with Sims Road and a section line running due east marking 
the northern boundary of Section 28, T7N, R5E (Florin, Calif. map).
    (14) Follow this section line due east to its junction with Sheldon 
Road and then proceed east along Sheldon Road to its intersection with 
the Central California Traction Co. Railroad (beginning on the Florin, 
Calif. map and ending on the Elk Grove, Calif. map);
    (15) Proceed southeast along the Central California Traction Co. 
Railroad to its intersection with Grant Line Road (Elk Grove, Calif. 
map);
    (16) Then northeast along Grant Line Road to its intersection with 
State Highway 16 (beginning on the Elk Grove, Calif. map, passing 
through the Sloughhouse, Calif. map, and ending on the Buffalo Creek, 
Calif. map);
    (17) Proceed southeast along State Highway 16 to its intersection 
with Deer Creek (ending on the Sloughhouse, Calif. map);
    (18) Then proceed generally northeast along Deer Creek to its 
intersection with the eastern boundary of Sacramento County (beginning 
on the Sloughhouse, Calif. map, passing through the Buffalo Creek, 
Calif. map, and ending on the Folsom SE, Calif. map); and
    (19) Proceed generally south along the eastern boundary of 
Sacramento County to the meeting point of Sacramento, Amador, and San 
Joaquin Counties (beginning on the Folsom SE, Calif. map, passing 
through the Carbondale, Calif. map, and ending on the Goose Creek, 
Calif. map); and
    (20) Then proceed generally south-southeast along the eastern 
boundary of San Joaquin County to the point of beginning (beginning on 
the Goose Creek, Calif. map, passing through the Clements, Calif. and 
Wallace, Calif. maps, and ending on the Valley Springs SW, Calif. map).

    Signed: July 17, 2002.
Bradley A. Buckles,
Director.

    Approved: August 8, 2002.
Timothy E. Skud,
Deputy Assistant Secretary (Regulatory, Tariff, and Trade Enforcement).
[FR Doc. 02-22383 Filed 9-3-02; 8:45 am]
BILLING CODE 4810-31-P