[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Proposed Rules]
[Pages 28873-28878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10006]


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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).
     [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 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 [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

[[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