[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Proposed Rules]
[Pages 16451-16455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6350]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

RIN 1513-AA92

[Notice No. 36]


Proposed Establishment of the Calistoga Viticultural Area (2003R-
496P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the ``Calistoga'' viticultural area in Napa County, 
California. The proposed area surrounds the town of Calistoga and is 
entirely within the existing Napa Valley viticultural area. We 
designate viticultural areas to allow vintners to better describe the 
origin of their wines and to allow consumers to better identify wines 
they may purchase. We invite comments on this proposed addition to our 
regulations.

DATES: We must receive written comments on or before May 31, 2005.

ADDRESSES: You may send comments to any one of the following addresses:
     Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 36, P.O. Box 14412, 
Washington, DC 20044-4412.
     202-927-8525 (facsimile).
     [email protected] (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 on 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: Lisa M. Gesser, Regulations and 
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 
128 Morganza, MD 20660; (301) 290-1460.

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.

Calistoga Petition

    TTB received a petition from James P. ``Bo'' Barrett of Chateau 
Montelena, a Calistoga, California, winery and vineyard, on behalf of 
interested parties in the Calistoga viticultural community proposing to 
establish ``Calistoga'' as an American viticultural area. Located in 
northwestern Napa County, California, the proposed viticultural area 
surrounds the town of Calistoga and is entirely within the existing 
Napa Valley viticultural area (27 CFR 9.23). Below, we summarize the 
evidence presented in the petition.

Name Evidence

    The petitioner submitted the following as evidence that the 
proposed

[[Page 16452]]

Calistoga viticultural area is locally and nationally know as 
Calistoga:
     Excerpts from Charles L. Sullivan's book, ``Napa Wine: A 
History from Mission Days to Present,'' which explains that Sam Brannan 
founded the town of Calistoga in 1857 and established vineyards there 
in 1862. Sullivan's book includes viticultural and winery census data 
circa 1880, which all report Calistoga separately from other Napa 
County grape-growing regions. Sullivan's map of Napa wineries in 1893 
shows a significant clustering of wineries near Calistoga distinctly 
separate from the wineries found in surrounding areas.
     Excerpts from ``The University of California/Sotheby Book 
of California Wine,'' which note Sam Brannan's first vineyard planting 
in Calistoga.
     Excerpts from an 1881 book, ``History of Napa and Lake 
Counties,'' which shows three Napa County viticultural districts--
Calistoga, St. Helena, and Napa.
     Excerpts from Leon Adams' 1973 book, ``The Wines of 
America,'' which refer to Calistoga as a specific grape growing area.
     Excerpts from Hugh Johnson's 1983 book, ``Hugh Johnson's 
Modern Encyclopedia of Wine,'' which lists Calistoga among his list of 
``unofficially recognized appellations or sub-areas.'' The petitioner 
explains that 10 of the 12 defined sub-areas listed in this book are 
now designated as American viticultural areas.
     Excerpts from Andr[eacute] Domin[eacute]'s book, ``Wine,'' 
recognizes Calistoga as a distinct region within Napa Valley, noting 
that ``the bay influences the weather less as the valley rises up 
toward Calistoga, which is classified as a Region III area.''
     Excerpts from James Laube's 1989 book, ``California's 
Great Cabernets,'' which explain that for the purposes of the book, ``a 
`commune' system within Napa Valley is utilized to differentiate where 
grapes are grown within the valley as well as to analyze regional 
styles of wines.'' In his list, Laube includes Calistoga equally among 
the other nine Napa Valley ``communes.'' The petition notes that 9 of 
the 10 communes listed are now TTB-approved viticultural areas.
     Excerpts from James Halliday's book, ``Wine Atlas of 
California,'' which, the petitioner states, ``so definitively covers 
the Calistoga area that the chapter in his book could provide most of 
the evidential requirements for this entire petition.''
     A brief summary of ``Calistoga's Wine History'' by 
Calistoga Winery proprietor Jim Summers, which, the petitioner states, 
``includes a more historical perspective in the long recognition of 
Calistoga as a viticultural area.''

Boundary Evidence

    The petition states that the established viticultural areas 
surrounding the proposed Calistoga area easily define a portion of its 
proposed boundaries. The existing St. Helena viticultural area's 
northwestern boundary defines Calistoga's southeastern boundary, while 
the existing Diamond Mountain area's northeastern boundary defines 
Calistoga's southwestern boundary. The petitioner uses the Napa-Sonoma 
county line, which is the Napa Valley viticultural area's boundary in 
the northwestern corner of Napa County, to also define Calistoga's 
western and northern boundaries. The 880-foot elevation line, beyond 
which lies rugged, unplantable terrain, defines Calistoga's eastern 
limit and returns the proposed boundary to its starting point.

Distinguishing Features

    The petition includes, as evidence of the area's unique growing 
conditions, a report written by Jonathan Swinchatt, Ph.D., of 
EarthVision, Inc.
Geologic and Geographic Features
    Dr. Swinchatt's report indicates that the proposed Calistoga 
viticultural area is distinguished from surrounding areas by its 
geographic and geologic features. Dr. Swinchatt explains:

    The entirety of the proposed viticultural area is underlain by 
volcanic bedrock, part of the more widespread Sonoma Volcanics that 
occur in the Vaca Mountains, in the northern Mayacama Mountains, 
bordering the lower slopes of the southern Mayacamas Mountains, and 
in Sonoma County. All the rock materials in the proposed 
viticultural area--bedrock and sediments--are part of, or derived 
from, the Sonoma Volcanics. These rocks comprise lava flows, ash-
fall tuffs, welded tuffs, pyroclastic flows, mudflows, and 
ignimbrites. Their composition is largely andesitic with some 
rhyolitic rocks admixed. AVAs [American Viticultural Areas] farther 
to the south'St. Helena, Rutherford, and Oakville, in 
particular'exhibit significantly greater geologic diversity across 
their width, being underlain primarily by marine sedimentary rocks 
on the west side of the valley but by volcanic rocks on the east. In 
addition, these AVAs contain alluvial fan environments on their 
edges, and fluvial (river) environments in their more central parts. 
The proposed Calistoga AVA is topographically more diverse but 
geologically more uniform than these other AVAs that include valley 
floor environments. The mineralogy and chemistry of the substrate 
throughout the proposed viticultural area reflects the common source 
of the granular materials in the Sonoma Volcanics.
    In the mountains, vineyards are planted in colluvium-sedimentary 
particles that have been transformed from the parent bedrock through 
weathering processes and have accumulated either in place or moved 
only a short distance. The upland soils are dominantly excessively 
drained, gravelly loams, very stony loams, and loams, on steep 
slopes. Most of the breakdown products of weathering have been 
transported by streams into the valley; much of the finer material 
has been transported from the area by the Napa River, leaving 
coarser sediments behind throughout much of the proposed 
viticultural area.
    Alluvial fans have formed at the mouths of most of the 
drainages, particularly along the northeast side of the valley at 
Dutch Henry Canyon, Simmons Canyon, Jericho Canyon, and north of 
Tubbs Lane at the headwaters of the Napa River in Kimball Canyon. At 
all these locations, cobbly and gravelly loams extend well out onto 
the valley floor, mixed here and there with finer-grained sediments. 
On the southwest side, small fans occur at the mouths of Diamond 
Creek, Nash Creek and Ritchie Creek. These locations are 
characterized by cobbly and gravelly loams. Coarse sediments 
characterize the valley floor throughout the extent of the proposed 
viticultural area, the finer-grained materials having been 
transported out of the region by the waters of the Napa River. Soils 
throughout the proposed viticultural area are loams, gravelly loams, 
cobbly loams, often with boulders, some with admixtures of silt and 
clay-clay-rich soils are of limited distribution. These sediments 
are well-drained, with admixtures of clay providing water-holding 
capacity that Further south in the Napa Valley, gravelly loams and 
loams are characteristic only of the upper reaches of the alluvial 
fans that line the valley, while the valley center is often covered 
by much finer, clay-rich, material.

Climatic Features
    In addition to the proposed area's unique geographic and geologic 
features, Dr. Swinchatt's report indicates that its unique climatic 
features further distinguish the proposed Calistoga viticultural area 
from surrounding areas. Dr. Swinchatt explains:

    Climatic information in our report for the Napa Valley Vintners' 
Association is based on data from DAYMET.org, a website that 
provides climatic information throughout the United States. DAYMET 
data is based on a computer algorithm that allows the extension of 
data from scattered weather stations into areas of complex 
topography. The algorithm was tested over 400,000 square kilometers 
in Washington State and found to be accurate within 1.2 degrees 
centigrade for temperature prediction and to be able to predict 
rainfall with an 83 percent accuracy.
    Heat summation in degree days, defined as the total number of 
hours above 50 degrees Fahrenheit, is the accepted general measure 
of temperature and solar insolation in the wine industry. While heat 
summation is only a general indicator of regional temperature, it

[[Page 16453]]

provides a more useful view than the limited temperature data from 
one or two available weather stations. Temperature--climate in 
general--can vary over distances of a few hundred feet or less, so 
that temperature measurements at one or two locations mean little 
within a regional context. Under these conditions, DAYMET heat 
summation data provides as good a measure of regional conditions as 
is available.
    Examination of DAYMET data indicates that most of the proposed 
viticultural area-mountain slopes and valley floor alike-lies within 
Region III, defined as the range of 3000 to 3500 degree days. Only a 
small area of the valley floor in the proposed viticultural 
district--east of the restriction in the valley formed by the ridge 
just west of the mouth of Dutch Henry Creek--lies within low region 
IV. The difference is well within the limits of accuracy of the 
data, indicating that the entire proposed viticultural area has a 
similar temperature profile. Farther south, valley floor vineyards 
are exposed to significantly different temperature conditions than 
those in the hills; in the Calistoga region, valley floor and hills 
appear to be part of a single climatic regime. This regime is 
characterized by hot days and cool nights, conditions ideal for a 
combination of ripening grapes but maintaining good acid balance.
    One of the long-standing climatic assumptions in the Napa Valley 
is that Calistoga has the highest temperatures of any location 
within the valley. Temperature data and anecdotal evidence, however, 
dispute this assumption, both indicating that the hottest part of 
the valley is a small region just west closer of Bale Lane. Hottest 
average temperatures in August (over the 18 year period from 1980 
ton 1997) occur from Stags Leap District to south of Dutch Henry 
Canyon, along the base of the Vaca Mountains.
    The Calistoga AVA is cooled by air currents drawn in from the 
Russian River through the northwestern comer of the mountain 
heights. These are drawn in to replace hot air rising from the 
valley, currents that used to support sailplanes headquartered at 
the Gliderport at Calistoga. In addition, cooling breezes flow down 
the slopes of both the Vaca and Mayacamas Mountains in the later 
afternoon. Daytime peak temperatures reach about 100 degrees at mid-
day. The heated air rises by convection, drawing in cooler air form 
the Russian River, the breezes continuing after sunset, cooling the 
valley floor to about 65 degrees. Further cooling occurs, on fog 
free nights, driven by cool air moving down slope from the 
mountains, providing additional cooling of 12 to 15 degrees.
    Minimum nighttime temperatures often average about 50 degrees, 
giving a diurnal temperature range that sometimes is greater than 50 
degrees. Vintners in the proposed viticultural areas hold that this 
large diurnal variation is one of the main influences on the 
character of wines from the region. The hot daytime temperatures 
provide color and big berry fruit, while the cool nights provide 
good acid balance for structure and develop power in the wines. The 
character of wines in the southeastern-most corner of the proposed 
viticultural district, south of the ``Sterling Hill'' between Maple 
and Dunaweal Lanes is somewhat softer due to higher nighttime 
temperatures.
    In its southern and central portions, the Napa Valley trends 
northwest-southeast, with slopes facing mainly northeast and 
southwest, modified by the drainages that cut the WI slopes that add 
diversity to the aspect presented by vineyards to the sun. In its 
northern portions, however, the trend of the valley is closer to 
west-east, with the major slopes facing just east of north (in the 
Mayacamas Mountains) and just west of south (in the Vaca Mountains). 
A slope aspect map indicates also that the valley floor has very 
little flat ground, most of it reflects the slopes of alluvial fans, 
gentle on the north (such as at Dutch Henry Canyon) and steeper on 
the south. Slope aspect and exposure to the sun in the Calistoga 
region thus is quite distinct from that in any other AVA within the 
Napa Valley region.
    Rain fall in the Calistoga region is typically higher than 
elsewhere in the area, with the highest rainfall recorded just 
outside the northern perimeter of the proposed viticultural area, on 
Mount St. Helena. Precipitation is highest in the mountains, up to 
60 plus inches per year, and lowest in the valley, but year-to-year 
variation is large, as it is elsewhere in the Napa Valley region. 
DAYMET data for the years 1990 to 1997 indicate that precipitation 
ranged from just over 20 inches to over 55 inches on the valley 
floor, and from about 25 inches to over 65 inches in the surrounding 
mountains. Measures of average rainfall thus have little meaning.

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(s) provided the required maps, and we list them 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, ``Calistoga,'' will be recognized as a name of viticultural 
significance. Consequently, wine bottlers using ``Calistoga'' in a 
brand name, including a trademark, or in another label reference as to 
the origin of the wine, will have to ensure that the product is 
eligible to use the viticultural area's name as an appellation of 
origin. The proposed part 9 regulatory text set forth in this document 
specifies the ``Calistoga'' name as a term of viticultural significance 
for purposes of part 4 of the TTB regulations.
    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). If the wine is not 
eligible to use the viticultural area name as an appellation of origin 
and that name appears in the brand name, then the label is not in 
compliance and the bottler must change the brand name and obtain 
approval of a new label. Similarly, if the viticultural area name 
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 ``Calistoga'' 
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 Calistoga 
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, boundary, climactic, and other required information submitted in 
support of the petition. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Calistoga viticultural area on brand labels that include the 
words ``Calistoga'' 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 
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 any conflicts, 
for example by adopting a modified or different name for the 
viticultural area.

[[Page 16454]]

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 [email protected]. 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 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, 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

    Lisa M. Gesser 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.----  Calistoga.

    (a) Name. The name of the viticultural area described in this 
section is ``Calistoga''. For purposes of part 4 of this chapter, 
``Calistoga'' is a term of viticultural significance.
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Calistoga viticultural area are the following four 
United Stages Geological Survey (USGS) 7.5 minute series, 1:24000 scale 
topographic maps. They are titled:
    (1) Mark West Springs, Calif. (1993);
    (2) Calistoga, CA (1997);
    (3) St. Helena, Calif. (1960, revised 1993); and
    (4) Detert Reservoir, CA (1997).
    (c) Boundary. The Calistoga viticultural area is located in 
northwestern Napa County, California. The boundary's beginning point is 
on the Mark West Springs map at the point where the Napa-Sonoma county 
line intersects Petrified Forest Road in section 3, T8N/R7W. From this 
point, the boundary:
    (1) Continues northeasterly along Petrified Forest Road 
approximately 1.9 miles to the road's intersection with the 400-foot 
contour line near the north bank of Cyrus Creek approximately 1,000 
feet southwest of the intersection of Petrified Forest Road and State 
Route 128 on the Calistoga map;
    (2) Proceeds generally east-southeast (after crossing Cyrus Creek) 
along the 400-foot contour line to its intersection with Ritchey Creek 
in section 16, T8N/R6W;
    (3) Follows Ritchey Creek northeast approximately 0.3 miles to its 
intersection with State Route 29 at the 347-foot benchmark;
    (4) Proceeds east-southeast along State Route 29 approximately 0.3 
miles to its intersection with a light-duty road labeled Bale Lane;
    (5) Follows Bale Lane northeast approximately 0.7 miles to its 
intersection with the Silverado Trail;
    (6) Proceeds northwest along the Silverado Trail approximately 
1,500 feet to its intersection with an unmarked driveway on the north 
side of the Silverado Trail near the 275-foot benchmark;
    (7) Continues northeasterly along the driveway for 300 feet to and 
beyond its intersection with another driveway, and continues north-
northeast in a straight line to the 400-foot contour line;
    (8) Follows the 400-foot contour line easterly approximately 0.7 
miles to its intersection with an unimproved dirt road (an extension of 
a road known locally as the North Fork of Crystal Springs Road), which 
lies in the Carne Humana Land Grant approximately 1,400 feet southwest 
of the northwest corner of section 11, T8N/R6W on the St. Helena map;
    (9) Continues northerly along the unimproved dirt road 
approximately 2,700 feet to its intersection with the

[[Page 16455]]

880-foot contour line in section 2, T8N/R6W;
    (10) Follows the meandering 880-foot contour line northwesterly, 
crossing onto the Calistoga map in section 2, T8N/R6W, and continues 
along the 880-foot contour line through section 3, T8N/R6W, sections 34 
and 35 T9N/R6W, (with a brief return to the St. Helena map in section 
35), to the 880-contour line's intersection with Biter Creek in the 
northeast quadrant of section 34, T9N/R6W;
    (11) Continues westerly along the meandering 880-foot contour line 
around Dutch Henry Canyon in section 28, T9N/R6W, and Simmons Canyon in 
section 29, T9N/R6W, to the contour line's first intersection with the 
R7W/R6W range line in section 30, T9N/R6W;
    (12) Continues northerly along the meandering 880-foot contour line 
across the two forks of Horns Creek and through Hoisting Works Canyon 
in section 19, T9N/R6W, crossing between the Calistoga and Detert 
Reservoir maps, to the contour line's intersection with Garnett Creek 
in section 13, T9N/R7W, on the Detert Reservoir map;
    (13) Continues westerly along the meandering 880-foot contour line, 
crossing between the Calistoga and Detert Reservoir maps in sections 13 
and 14, T9N/R7W, and in the region labeled ``Mallacomes or Moristul y 
Plan De Aguacaliente,'' to the contour line's intersection with the 
Napa-Sonoma county line approximately 1.1 miles northeast of State 
Route 128 in the ``Mallacomes or Moristul y Plan De Aguacaliente'' 
region, T9N/R7W, of the Mark Springs West map; and
    (14) Proceeds southerly along the Napa-Sonoma county line to the 
beginning point at the intersection of the county line and Petrified 
Forest Road, section 3, T8N/R7W.

    Signed: March 8, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-6350 Filed 3-30-05; 8:45 am]
BILLING CODE 4810-31-P