[Federal Register Volume 65, Number 25 (Monday, February 7, 2000)]
[Proposed Rules]
[Pages 5828-5833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2716]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 891]
RIN 1512-AA07


Expansion of Lodi Viticultural Area (98R-109P)

AGENCY:  Bureau of Alcohol, Tobacco and Firearms, Treasury.

ACTION:  Notice of proposed rulemaking.

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SUMMARY:  The Bureau of Alcohol, Tobacco and Firearms (ATF) has 
received a petition for expansion of the Lodi Viticultural Area. The 
proposed additions to the Lodi Viticultural Area are located in San 
Joaquin County, California, in the northern San Joaquin Valley. The 
additions are situated contiguous to the western and southern 
boundaries of the current viticultural area. The proposed western 
addition encompasses approximately 14,500 acres, of which 3,640 acres 
are planted to vineyards. Situated contiguous to the southern boundary 
of the viticultural area, the proposed southern addition encompasses 
approximately 66,600 acres, of which 5,600 acres are planted to 
vineyards. Attorney Christopher Lee, on behalf of nine (9) growers who 
own vineyards within the proposed expansion area, submitted the 
petition. According to the petitioner, the importance of Lodi as a 
viticultural area demands that particular care be taken in extending 
the viticultural area boundaries, in order to safeguard the region's 
identity, integrity, and reputation. The petitioner states that this 
petition adds only that land which meets all the historical and 
geographical criteria that distinguish the Lodi viticultural area.

DATES:  Written comments must be received by April 7, 2000.

ADDRESSES:  Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC 
20091-0221 (Attn: Notice No. 891). Copies of the petition, the proposed 
regulations, the appropriate maps, and any written comments received 
will be available for public inspection during normal business hours at 
the ATF Reading Room, Office of Public Liaison and Information, Room 
6480, 650 Massachusetts Avenue, NW., Washington, DC 20226.

FOR FURTHER INFORMATION CONTACT:  Joyce Drake, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., 
Washington, DC 20226 (202) 927-8210.

SUPPLEMENTARY INFORMATION:

Background

    On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR 
37672-54624), which revised regulations in 27 CFR part 4 to 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. On October 2, 
1979, ATF published Treasury Decision ATF-60 (44 FR 56692) which added 
a new part 9 to 27 CFR, for the listing of approved American 
viticultural areas, the names of which may be used as appellations of 
origin.
    Section 4.25a(e)(1), Title 27, CFR, defines an American 
viticultural area as a delimited grape-growing region distinguishable 
by geographic features, the boundaries of which are delineated in 
subpart C of part 9.
    Section 4.25a(e)(2), outlines the procedure for proposing an 
American viticultural area. Any interested person may petition ATF to 
establish a grape-growing region as a viticultural area.
    The petition to expand a current viticultural area should include:
    (a) Historical or current evidence that the boundaries of the 
viticultural area to be expanded are as specified in the petition;
    (b) Evidence relating to the geographical characteristics (climate,

[[Page 5829]]

soil, elevation, physical features, etc.) which distinguished the 
viticultural features of the proposed area from surrounding areas;
    (c) 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
    (d) A copy of the appropriate U.S.G.S. map(s) with the boundaries 
prominently marked.

Petition

    The Bureau of Alcohol, Tobacco and Firearms (ATF) has received a 
petition proposing the expansion of the Lodi American viticultural area 
(AVA). The proposed additions to the Lodi AVA are located in San 
Joaquin County, California, in the northern San Joaquin Valley. 
Situated contiguous to the western boundary of the current viticultural 
area, the proposed western addition encompasses approximately 14,500 
acres, of which 3,640 acres are planted to vineyards. Situated 
contiguous to the southern boundary of the viticultural area, the 
proposed southern addition encompasses approximately 66,600 acres, of 
which 5,600 acres are planted to vineyards.

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

    According to the petitioner, there is evidence of the region's 
local and national renown which was detailed in the Lodi viticultural 
area petition submitted to the ATF in August of 1982, and summarized in 
the final rulemaking for the Lodi viticultural area, published in the 
Federal Register on February 13, 1986.
    The petitioner states that he is persuaded after reviewing the 
evidence and consulting with growers in the Lodi viticultural area, 
that the current viticultural boundaries do not accurately encompass 
land historically and geographically recognized as within the Lodi 
grape growing region. The petitioner further states that, while not 
included in the original petition to establish the Lodi viticultural 
area, it is now apparent that the two additions proposed in this 
petition, the first along the western boundary adjacent to Interstate 
Highway 5, the second along the southeastern boundary south of the 
Calaveras River, should be included in the Lodi viticultural area 
because they share the viticultural area's name identification and 
geographical features. Further, the petitioner claims that the 
viticultural area and the proposed additions contrast sharply with land 
beyond the revised boundaries presented in this petition, which are 
geographically distinct from Lodi.
    According to the petitioner, both The Grape Districts of California 
H.I. Stoll (1931) and California Wine Country (Lane Books 1968) define 
the Lodi grape growing region as a larger area than that presented in 
the original viticultural area petition. The former document 
additionally shows that the Lodi name was used in this context as early 
as 1931.
    ATF approved the Lodi original petition in 1986, and determined 
that the name ``Lodi'' was recognized locally and nationally.

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

    According to the petitioner, Lodi has a long viticultural history 
and strong regional identity. Precise boundaries for the region were 
not delineated until 1986 with the establishment of the Lodi 
viticultural area. The petitioner states that, in 1991, the Lodi name 
became associated with a second, far larger area with the creation of 
the Lodi-Woodbridge Wine Commission, established in California Crush 
District 11 by grower and winery mandate for the purposes of regional 
promotion, research and education. Per the petitioner, this petition 
does not attempt to reconcile these two entities. Rather, this petition 
proposes the previously described additions to the Lodi viticultural 
area which, based on name identity and natural features, should have 
been encompassed by the original petition. He stated that special care 
has been taken to assure that the modified boundaries maintain both the 
historic and geographic integrity of the existing Lodi viticultural 
area.
    According to the petitioner and, as noted in the section addressing 
historical evidence, the Lodi grape-growing region is described in 
broader terms than those presented and approved in the original Lodi 
viticultural area petition. The Soil Survey of the Lodi Area, 
California (1937) states as follows: ``Essentially comprising the 
northern half of the San Joaquin County, the Lodi area is bounded on 
the south by parallel 38 north latitude and on the north by the San 
Joaquin-Sacramento County line along Dry Creek and Mokelumn River. The 
western area includes a small part of Sacramento County and extends to 
the Sacramento River; and on the east it extends to the San Joaquin 
County line in the foothills of the Sierra Nevada.''
    The petitioner stated that, while similar to The Soil Survey of the 
Lodi Area, California in its overall depiction of Lodi's boundaries, 
California Wine Country defines the western boundary of the Lodi grape 
growing region in a slightly more restrictive manner stating ``Lodi 
nestles within the angle formed by the meeting of the Sacramento and 
San Joaquin Rivers,'' but not extending to those rivers' banks.
    The petitioner stated that The Grape Districts of California 
clearly shows that the Lodi grape growing region extends south beyond 
both the current southern boundary of the Lodi viticultural area and 
the latitude 38 degrees north limit detailed above, stating that, ``The 
Lodi section takes in the south line of Stockton . . . while the 
Manteca, Escalon and Ripon sections take in from the south line of 
Stockton to the north to Stanislaus County line on the south.'' 
According to the petitioner, ``Wines & Vines'' magazine of September, 
1936, confirms this extension, stating, ``San Joaquin County's 60,065 
acres in vines comprise two important districts, where some 47 
varieties are grown commercially: the Lodi Section and the Manteca, 
Escalon and Ripon Section.'' The petitioner contends that, since 
Manteca, Escalon and Ripon are located 15 miles to 20 miles south of 
Stockton, near San Joaquin County's southern boundary, this description 
strongly suggests that vineyards situated to the east of Stockton were 
recognized as being within the Lodi grape growing region.
    The petitioner believes that this evidence provides strong 
historical basis for modification of the Lodi viticultural area 
boundaries to those proposed in this petition.
    According to the petitioner, the proposed additions encompassed by 
these boundary changes contain approximately 29 vineyards totaling 
9,240 acres planted to vineyards. Approximately 80,000 acres in total 
are proposed for addition to the existing Lodi area. He further states 
that evidence presented in Section Three of this petition details the 
geographic features which distinguish them from surrounding areas. 
Although a few vineyards are situated just outside both revised 
boundaries, these exclusions are due to the conservative approach of 
this petition. This conservative approach requires that the land 
encompassed by the new boundaries meet both the historical and 
geographic standards established in the original Lodi viticultural 
area.
    The petitioner states that the proposed expansion of the Lodi 
viticultural area is supported by growers in the region. The petitioner 
stated that the letter from Mr. Bob Schulenburg of the Lodi District 
Grape Growers

[[Page 5830]]

Association, Inc. reflects the general support this expansion has 
received from the Lodi viticultural community.
    The petitioner states that the new boundaries of the Lodi 
viticultural area have been drawn to add only that land that meets the 
regulatory criteria set forth in 27 CFR 4.25a (e)(2). The proposed 
western boundary closely follows the zero (sea level) elevation west of 
Interstate Highway 5, while the proposed southern boundary follows 
State Highway 4 between Jack Tone Road and the San Joaquin County line. 
The petitioner stated that the areas proposed for inclusion in the 
viticultural area are supported by evidence of name and boundary 
recognition as well as by specific criteria including soils, climate, 
elevation and exposure, which distinguish them from areas to the west 
and south.

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

Climate

    According to Mr. Steven Newman, Meteorologist, Earth Environment, 
Santa Rosa, California, the proposed additions to the existing Lodi 
viticultural area have a climate nearly identical to the existing 
appellation. Both additions receive the same moderating influences of 
the Sacramento Delta winds that define the current boundaries, while 
areas just outside have climates distinctly different from both the 
additions and land within the existing boundaries. Every significant 
climate feature, such as rainfall, degree-days, frost occurrence and 
mean temperatures, are virtually the same within the proposed additions 
as those that occur inside the existing Lodi viticultural area.
    Mr. Newman stated that the area west of Interstate Highway 5 
experiences essentially the same climate as that within the existing 
Lodi viticultural area. The pronounced seabreezes from the San 
Francisco Bay and Sacramento Delta provide nearly identical conditions 
to those found within the original western boundary. There is no 
discernible difference in average growing season, monthly mean 
temperature, or rainfall throughout this addition from that which 
exists in the current Lodi viticultural area.
    According to Mr. Newman, areas immediately to the south and 
southwest of the proposed addition, however, have a distinctly 
different climate due to the sharp drop-off of the Delta winds and 
other terrain effects. Lower humidity levels associated with a greater 
distance from the moist winds produce cooler overnight temperatures and 
warmer ``rain-show'' effect of the Diablo mountain range. The climate 
of the proposed western addition is also distinctively different from 
the more moist Delta region, to the west of the proposed boundary, 
which experiences cooler summers, and far more frequent summertime fog.
    Mr. Newman claims that records indicate that the monthly mean 
temperature during the growing season for Linden, in the heart of the 
proposed southern addition, is within approximately two degrees of the 
readings from Lodi, and well within the range of temperatures 
throughout the existing viticultural area. He further states that, by 
contrast, records for Stockton, located in a site less influenced by 
marine cooling through the narrow Delta gap, show an average nearly 
five degrees warmer.
    According to Mr. Newman, areas just a few miles to the east of the 
proposed addition, in western Calaveras County, receive significant 
cold-air drainage from the Sierra Nevada foothills, causing more 
frequent frost and a shorter growing season. The more upland locations 
also receive an increase in rainfall associated with the higher 
elevations.
    Mr. Newman stated that rainfall records for this proposed addition 
show an annual precipitation range of approximately 14 to 18 inches. 
These totals are consistent with those received within the existing 
boundaries. He stated that, in sharp contrast, rainfall totals to the 
south drop off rapidly due to a more arid climate associated with the 
remainder of the San Joaquin Valley.
    In summary, according to Mr. Newman, the climatic evidence clearly 
supports a modification of both the southern and western boundaries of 
the Lodi viticulture area to include the proposed additions. All 
climate factors within these additions are nearly identical to those 
within the existing appellation. Climate evidence also substantiates 
that conditions outside the areas to be included are significantly 
different from the existing Lodi viticultural area and the proposed 
additions.

Soils

    The petition indicates that the soils of the proposed expansion 
area are substantially similar to those of the existing viticultural 
area. Mr. Sidney W. Davis of Davis Consulting Earth Scientists, 
Georgetown, California, states that soils of the Lodi viticultural area 
derive mainly from mixed mineral alluvium, products of weathering, 
erosion and deposition along the western slope of the Sierra Nevada. 
Source materials are varied, consisting of Mesozoic igneous, Paleozoic 
and Jurassic metamorphics, and Teritary-age volcanic lithology 
outcropping along the foothills. Older alluvium nests along toe slopes 
of the foothills on the Great Valley's east side, descending in 
elevation and age, westward, to below sea level at the Sacramento-San 
Joaquin Delta interface.
    Mr. Davis claims that paleoclimatic fluctuations over the past two 
million years caused glaciers to advance in the Sierra Nevada, 
periodically lowering regional base level (sea level) by several 
hundred feet, which prompted incision on the major drainages. 
Interruptions of warm, dry periods resulted in glacial melt, thus 
releasing water and sediment for valley filling. These cyclical events, 
each lasting many thousands of years, continued throughout the 
Pleistocene Epoch, and in conjunction with regional tectonic uplift, 
had an effect of wearing down and fragmenting older terraces by deep 
incision along major drainages of the Consumnes River, Dry Creek, 
Mokelumne River, and the Calaveras Rivers. Downcutting on the major 
rivers and streams, punctuated by periods of aggradation, in 
conjunction with regional uplift of the Sierra Nevada, caused younger 
deposits to inset along flood plains at relatively lower geomorphic 
position, leaving relatively older alluvial surfaces stranded at higher 
elevation. Transition periods of relative stability between major 
events allowed the soil forming factors of climate biota, slop-aspect 
parent materials and time of exposure to develop and sculpt the 
landforms now present. Very young soils with little development 
characteristics, Holoene-age deposits, and histosols (organic soils) 
are present along the active flood plains of streams and perimeter of 
the Sacramento-San Joaquin Delta.
    According to Mr. Davis, subsequent to the latest Sierra glaciation 
and rise of sea level, the present-day Sacramento-San Joaquin Delta 
with its associated peaty soils formed sometime around 5,000 years ago, 
when sea level finally reached its present elevation (Mean Sea Level--
00 Feet). He further stated that, around the turn of the 20th Century, 
the banks of coalescing rivers, channels and sloughs within the Delta 
region were bermed to create a system of man-made levees. ``Islands'' 
of peat soils within the levees were created at or below Mean Sea Level 
by installation of a broad grid system of open ditches, pipes and

[[Page 5831]]

pumps for lowering of the water table to facilitate agricultural 
production. Exposure of the peat soils to the atmosphere subsequent to 
draining has induced rapid oxidation and subsidence within the Delta 
region, ever since.
    Mr. Davis provided an abbreviated description of soils within the 
Lodi viticultural area, utilizing information from the USDA Soil 
Conservation Service's Generalized Soil Map for Sacramento and San 
Joaquin counties. He stated that soil associations are presented as 
most representative of soil mapping units characteristic of broader 
geomorphic units. According to the petition, these soils share 
properties distinctive to the Lodi viticultural area with regard to 
viticultural use and management under the present-day climatic regime.
Mineral Soils of the Current Lodi Viticultural Area
    Mr. Davis stated that, between the two published soil surveys for 
Sacramento and San Joaquin Counties, there are twenty-two soil map unit 
associations identified in the existing Lodi Viticultural Area. All 
twenty-two soil mapping units are identified in the proposed expansion 
area. He stated that no other soil association mapping units are 
proposed for the expansion areas. There may be small isolated areas of 
organic soils along the Mean Sea Level margin that protrude into the 
proposed expansion area, but these occurrences are minimal and 
necessary to exact a reasonable map boundary line.
    According to Mr. Davis, to avoid redundancy between the two soil 
survey reports for Sacramento and San Joaquin Counties, the major soil 
associations have been combined in the following groups and are used 
for the current, proposed western and southern expansion viticultural 
areas:
Natural Levees and Low Flood Plains Soils
    Peliter-Egbert-Sailboat: Very deep mineral soils with high organic 
matter content. They are partially drained, moderately fine textured 
and moderately alkaline. These reside near the confluence of the 
Consumnes and Mokelumne rivers.
    Merritt-Grangeville-Columbia-Vina-Coyotecreek: Nearly level, very 
deep and from poorly drained to moderately well drained. Textures range 
from moderately coarse to moderately fine. These soils are easy to 
manage with moderate permeability and moderately high to high 
waterholding capacity, moderately alkaline.
Basins and Basin Rim Soils
    Jacktone-Hollenbeck-Stockton: Basin soils, somewhat poorly drained 
and moderately well drained, fine textured soils that are moderately 
deep and deep to a cemented hardpan. Most areas have been artificially 
drained and are moderately alkaline.
    Devries-Rioblancho-Guard: Basin rim soils of moderately fine 
texture to moderately coarse texture. Moderately deep to cemented 
hardpan. Mildly to moderately alkaline.
Interfan Basins and Alluvial Fans, Low Fan Terraces and Stream Soils
    Archerdale-Cogna-Finrod: Moderately well drained and well drained, 
medium textured to moderately fine textured soil that are deep to 
hardpan, or very deep on low terraces. Neutral to mildly alkaline.
    Tokay-Acampo: Moderately well-to well-drained, moderately coarse to 
medium textured that are deep to cemented hardpan or are very deep on 
low fan terraces. Mildly alkaline to slightly acid.
Nearly Level to Undulating Soils on Low Terraces
    Madera-San Joaquin-Burella: Moderately well-and well drained, 
moderately coarse to medium textured that are moderately deep or deep 
to cemented hardpan. Slightly acid.
Nearly Level to Steep Soils on Dissected Terraces, Fan Terrace, High 
Terraces and Hills
    Cometa-San Joaquin-Rocklin: Moderately well drained, moderately 
coarse textured soils that are moderately deep to weakly cemented 
sediment, or a cemented hardpan on dissected terraces. Slightly to 
moderately acid.
    Pentz-Pardee-Keyes-Hadslkeville-Mokelumne: Moderately well drained 
and well drained, moderately coarse texture and gravelly medium 
textured soils that are shallow to sandstone, conglomerate, or cemented 
hardpan on hills and high terraces. Moderately acid.
    Redding-Redbluff-Yellowlark: Moderately well drained, gravelly 
medium textured soils that are moderately deep and deep to a cemented 
hardpan, mainly on fan terraces and high terraces. Moderately acid.
Undulating to Hilly Soils on Low Foothills
    Auburn-Whiterock-Argonaut: Somewhat excessively and well-drained 
soils moderately coarse to moderately fine textured that are very 
shallow to moderately deep. Moderately acid.
    According to Mr. Davis, soils below Mean Sea Level have been, as 
much as possible, differentiated and excluded from the proposed Lodi 
viticultural area expansion due to a differing moisture control regime, 
geomorphic position and relative organic matter content.
    Mr. Davis stated that, with respect to viticultural use and 
management, water tables north of Walnut Grove Road within the proposed 
expansion area are lower (deeper) than further south. Vine moisture 
control is critical to wine grape quality prior to harvest. Ripening 
varies among grape varieties that are usually segregated into 
individual blocks, fields or specific moisture control systems that are 
regulated by irrigation or soil profile drainage, or both. Soils above 
Mean Sea Level have deep drainage systems, and allow for water table 
management in the root zone and precise moisture control. The proposed 
area to the west is at the zero elevation level.
    Mr. Davis asserts that most soils below elevation 00 are mainly 
characterized as Histosols, meaning that they contain upwards of 20 
percent organic matter, are moderately to strongly acidic, and 
represent a unique and different geomorphological province than the 
mineral soils above Mean Sea Level to the east. The richness of 
oxidizing organic matter in the way of available nutrients to a crop 
during the growing season is significantly higher than contributions 
from oxidizing mineral soils, on an annual basis. Complex chemical 
reactions separate the peaty soils below Mean Sea Level from soils 
derived from mineral parent materials from a use and management 
standpoint.
Mr. Davis' Summary and Conclusions
    Mr. Davis summarized his comments by stating the proposed changes 
to the Lodi viticultural area are consistent with geomorphic and soil 
mapping units found within the existing boundaries. Mr. Davis stressed 
that all the soils in the proposed expansion areas are mapped within 
the existing Lodi viticultural area. Only soils found in the existing 
viticultural area are proposed for the expansion area, with the 
exception of some limited and isolated inclusions of peaty soils along 
the diffuse natural western boundary. A line conforming to roads, and 
elevation contours, roughly at the Mean Sea Level mark, is intended to 
separate the mineral soil from the peats on the west. County lines, 
roads and natural features define the remaining boundaries.

[[Page 5832]]

Proposed Boundaries

    The boundaries of the proposed viticultural area, as expanded, are 
as specified in the proposed regulation.

Public Participation--Written Comments

    The petitioner presents evidence of boundaries and of geographical 
features relating to soils. ATF is interested in comments relating to 
whether the geographical features, such as elevation, exposure, or 
other physical characteristics of the proposed expansion area are more 
similar to the existing Lodi viticultural or to the land outside of the 
proposed expansion area.
    ATF requests comments from all interested persons. Comments 
received on or before the closing date will be carefully considered. 
Comments received after that date will be given the same consideration 
if it is practical to do so. However, assurance of consideration can 
only be given to comments received on or before the closing date.
    ATF will not recognize any submitted material as confidential and 
comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comments. The name of the 
person submitting a comment is not exempt from disclosure.
    Comments may be submitted electronically using ATF's web site. You 
may comment on this proposed notice by using the form provided through 
ATF's web site. You can reach this notice and the comment form through 
the address http://www.atf.treas.gov/core/alcohol/rules/rules.htm or by 
making the following choices at ATF's web site: (1) select ``Core 
Areas'' tab; (2) select ``Alcohol'' tab; (3) select ``Regulations'' 
tab; and (4) select ``notice of proposed rulemaking (alcohol)'' line.
    Any person who desires an opportunity to comment orally at a public 
hearing on the proposed regulation should submit his or her request, in 
writing, to the Director within the 60-day comment period. The 
Director, however, reserves the right to determine, in light of all 
circumstances, whether a public hearing will be held.

Paperwork Reduction Act

    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 notice because no requirement to collect information is 
proposed.

Regulatory Flexibility Act

    It is hereby certified that this proposed regulation will not have 
a significant impact on a substantial number of small entities. The 
expansion of a viticultural area is neither an endorsement nor approval 
by ATF of the quality of wine produced in the area, but rather a 
further identification of an area that is distinct from surrounding 
areas. ATF believes that the expansion of a viticultural area merely 
allows wineries to more accurately describe the origin of their wines 
to consumers. Also it helps consumers identify the wines they purchase. 
Thus, any benefit derived from the use of a viticultural area name is 
the result of the proprietor's efforts and consumer acceptance of wine 
from that area. No new requirements are proposed. Accordingly, a 
regulatory flexibility analysis is not required.

Executive Order 12866

    It has been determined that this proposed regulation is not a 
significant regulatory action as defined by Executive Order 12866. 
Accordingly, this proposal is not subject to the analysis required by 
this Executive Order.
    Drafting Information. The principal author of this document is 
Joyce A. Drake, Regulations Division, Bureau of Alcohol, Tobacco and 
Firearms.

List of Subjects in 27 CFR Part 9

    Administrative practices and procedures, Consumer protection, 
Viticultural areas, and Wine.

Authority and Issuance

    Title 27, Code of Federal Regulations, Part 9, American 
Viticultural Areas, is proposed to be 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

    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 23 U.S.G.S. 7.5 minute 
series maps and are titled as follows:

1. ``Valley Springs SW, Calif.'' (1962)
2. ``Farmington, Calif.'' (1968, photo revised 1987)
3. ``Peters, Calif.'' (1952, photo revised 1968, minor revision, 1994)
4. ``Linden, Calif.'' (1968, minor revision 1993)
5. ``Stockton East, Calif.'' (1968, photo revised 1987)
6. ``Waterloo, Calif.'' (1968, photo inspected 1978)
7. ``Lodi South, Calif.'' (1968, photo revised 1976)
8. ``Terminous, Calif.'' (1978, minor revision 1993)
9. ``Thornton, Calif.'' (1978)
10. ``Bruceville, Calif.'' (1968, photo revised 1980)
11. ``Florin, Calif.'' (1968, photo revised 1980)
12. ``Elk Grove, Calif.'' (1968, photo revised 1979)
13. ``Sloughhouse, Calif.'' (1968, photo revised 1980, minor revision 
1993)
14. ``Buffalo Creek, Calif.'' (1967, photo revised 1980)
15. ``Folsom SE, Calif.'' (1954, photo revised 1980)
16. ``Carbondale, Calif.'' (1968, photo revised 1980, minor revision 
1993)
17. ``Goose Creek, Calif.'' (1968, photo revised 1980, minor revision 
1993)
18. ``Clements, Calif.'' (1968, minor revision 1993)
19. ``Wallace, Calif.'' (1962)
20. ``Lodi North, Calif.'' (1968, photo revised 1976)
21. ``Galt, Calif.'' (1968, photo revised 1980)
22. ``Clay, Calif.'' (1968, photo revised 1980, minor revision 1993)
23. ``Lockeford, Calif.'' (1968, photo revised 1979, minor revision 
1993)
(c ) Boundaries. The Lodi viticultural area is located in California in 
the counties of San Joaquin and Sacramento.
1. The beginning point is located in the southeast corner of the 
viticultural area, where the Calaveral River intersects the eastern 
boundary of San Joaquin County (``Valley Springs SW'' U.S.G.S. map);
2. Thence south along the common boundary between San Joaquin County 
and Stanislaus County to Highway 4 (beginning in ``Valley Springs SW'' 
map and ending in ``Farmington'' map);
3. Thence west to Waverly Road, then south to Highway 4, then west 
again along Highway 4 to the point of intersection with Jack Tone Road 
(beginning in Valley Springs SW'' map passing through ``Peters'' map 
and ending in ``Stockton East'' map);
4. Thence north along Jack Tone Road to the point of intersection with 
Eightmile Road (beginning in ``Stockton East'' map and ending in 
``Waterloo'' map);
5. Thence west along Eightmile Road to the point of intersection with 
Sea

[[Page 5833]]

Level (beginning in ``Waterloo'' map, passing through ``Lodi South'' 
map and ending in ``Terminous'' map);
6. Thence north northwest along Sea Level elevation to the point where 
it reaches the unnamed extension of White Slough (``Terminous'' map);
7. Thence east along the unnamed extension of White Slough to the point 
where it forks (``Terminous''map);
8. Thence northwest and north along the northern fork of the unnamed 
extension of White Slough to its termination (``Terminous'' map);
9. Thence due west in a straight line to Guard Road (``Terminous'' 
map);
10. Thence north along Guard Road to the point of intersection with 
Victor Road (beginning in ``Terminous'' map and ending in ``Thornton'' 
map);
11. Thence north northwest in a straight line to the pumping station of 
the north bank of Hog Slough (``Thornton'' map);
12. Thence due north along the unnamed canal, crossing Beaver Slough 
and continuing due north along the unnamed road to the point where it 
intersects Walnut Grove Road at Four Corners (``Thornton'' map);
13. Thence west along Walnut Grove Road to the point where it 
intersects South Mokelumne River (``Thornton'' map);
14. Thence north along South Mokelumne River to the point where 
Mokelumne River divides into North and South forks (``Thornton'' map);
15. Thence north and east along Mokelumne River to the point where it 
intersects Interstate Highway 5 (beginning in ``Thornton'' map and 
ending in ``Bruceville'' map);
16. Thence northwest along Interstate Highway 5 to its intersection 
with an unnamed road (known locally as Hood-Franklin Road) (beginning 
in the ``Bruceville'' map and ending in the ``Florin'' map);
17. Thence east along Hood-Franklin Road to its intersection with 
Franklin Boulevard (``Florin'' map);
18. Thence northeast along the Franklin Boulevard to its meeting point 
with the section line running due east and its connection with the 
western end of Sheldon Road (``Florin'' map);
19. Thence due east along the section line connecting to the western 
end of Sheldon Road (``Florin'' map);
20. Thence due east along Sheldon Road to its intersection with the 
Central California Traction Co. Railroad (beginning in ``Florin'' map 
and ending in ``Elk Grove'' map);
21. Thence southeast along the Central California Tracton Co. Railroads 
to its point of intersection with Grant Line Road (``Elk Grove'' map);
22. Thence northeast along Grant Line Road to the point of intersection 
with California State Highway 16 (beginning in ``Elk Grove'' map, 
passing through ``Sloughhouse'' map and ending in ``Buffalo Creek'' 
map);
23. Thence southeast along California State Highway 16 to the point of 
intersection with Deer Creek (beginning in ``Buffalo Creek'' map and 
ending in ``Sloughhouse'' map);
24. Thence northeast along Deer Creek to the point of intersection with 
the eastern boundary of Sacramento County (beginning in ``Sloughhouse 
map and ending in ``Folsom SE'' map).
25. Thence southeast along the eastern boundary of Sacramento county 
and then along the eastern boundary of San Joaquin County to the point 
of intersection with the Calaveras River, to the point of beginning 
(beginning in ``Folsom SE'' map, passing through ``Carbondale'', 
``Goose Creek'', ``Clements'' and ``Wallace'' maps, and ending in 
``Valley Springs, SW'' map).

    Signed: January 27, 2000.
Bradley A. Buckles,
Director.
[FR Doc. 00-2716 Filed 2-4-00; 8:45 am]
BILLING CODE 4810-31-P