[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Rules and Regulations]
[Pages 33642-33646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11717]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2021-0001; T.D. TTB-182; Ref: Notice No. 200]
RIN 1513-AC73


Establishment of the Upper Lake Valley Viticultural Area and 
Modification of the Clear Lake Viticultural Area

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 17,360-acre ``Upper Lake Valley'' viticultural area 
in Lake County, California. TTB also expands the boundary of the 
existing 1,093-square mile Clear Lake viticultural area so that the 
Upper Lake Valley viticultural area is wholly within it. Both 
viticultural areas are located within the established North Coast 
viticultural area. TTB designates viticultural areas to allow vintners 
to better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase.

DATES: This final rule is effective July 5, 2022.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated the functions 
and duties in the administration and enforcement of these provisions to 
the TTB Administrator through Treasury Order 120-01, dated December 10, 
2013 (superseding Treasury Order 120-01, dated January 24, 2003).
    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to 
establish definitive viticultural areas and regulate 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) sets 
forth standards for the preparation and submission to TTB of petitions 
for the establishment or modification of American viticultural areas 
(AVAs) and lists the approved AVAs.

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 having distinguishing features as described in part 9 of 
the regulations and, once approved, a name and a delineated boundary 
codified in part 9 of the regulations. These designations allow 
vintners and consumers to attribute a given quality, reputation, or 
other

[[Page 33643]]

characteristic of a wine made from grapes grown in an area to the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA 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 (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and allows any interested 
party to petition TTB to establish a grape-growing region as an AVA. 
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards 
for petitions to establish or modify AVAs. Petitions to establish an 
AVA, or modify the boundary of an AVA, must include the following:
    <bullet> Evidence that the area within the proposed AVA boundary, 
or the region within the proposed expansion area, is nationally or 
locally known by the AVA name specified in the petition;
    <bullet> An explanation of the basis for defining the boundary of 
the proposed AVA or defining the boundary of the proposed expansion 
area;
    <bullet> A narrative description of the features of the proposed 
AVA or proposed expansion area affecting viticulture, such as climate, 
geology, soils, physical features, and elevation, that make the 
proposed AVA or expansion area distinctive and distinguish it from 
adjacent areas outside the proposed AVA boundary or established AVA 
boundary;
    <bullet> The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed AVA or proposed expansion 
area, with the boundary of the proposed AVA or proposed expansion area 
clearly drawn thereon;
    <bullet> If the proposed AVA or proposed expansion area is to be 
established within, or overlapping, an existing AVA, an explanation 
that both identifies the attributes of the proposed AVA or proposed 
expansion area that are consistent with the existing AVA, and explains 
how the proposed AVA or proposed expansion area is sufficiently 
distinct from the existing AVA and therefore appropriate for separate 
recognition; and
    <bullet> A detailed narrative description of the proposed AVA or 
proposed expansion area boundary based on USGS map markings.

Petition To Establish the Upper Lake Valley AVA and Modify the Boundary 
of the Clear Lake AVA

    TTB received a petition from Terry Dereniuk, on behalf of the 
Growers of Upper Lake Valley, proposing the establishment of the 
``Upper Lake Valley'' AVA. The proposed Upper Lake Valley AVA is 
located within Lake County, California, and lies within the established 
North Coast AVA (27 CFR 9.30) and partially within the established 
Clear Lake AVA (27 CFR 9.99). The proposed AVA contains approximately 
17,360 acres and has 16 commercial vineyards covering a total of 
approximately 300 acres. At the time the petition was submitted, at 
least one additional vineyard was planned within the proposed AVA.
    Although most of the proposed Upper Lake Valley AVA is located 
within the existing Clear Lake AVA, a small portion of the northwest 
corner of the proposed AVA would, if established, extend beyond the 
boundary of the Clear Lake AVA. To address the overlap of the two AVAs 
and account for viticultural similarities between the proposed Upper 
Lake Valley AVA and the larger Clear Lake AVA, the petition also 
proposes to expand the boundary of the Clear Lake AVA so that the 
entire proposed Upper Lake Valley AVA would be included within the 
Clear Lake AVA. The distinguishing features of the proposed Upper Lake 
Valley AVA are its hydrogeology, soils, and climate.
    According to the petition, the proposed Upper Lake Valley AVA has 
four identified water-bearing formations: Quaternary alluvium; 
Pleistocene terrace deposits; Pleistocene lake and floodplain deposits; 
and Plio-pleistocene cache creek. These formations make up the Upper 
Lake Groundwater Basin, which covers the majority of the proposed AVA. 
The petition states that groundwater levels within the Upper Lake 
Groundwater Basin are generally within 10 feet of the surface and 
fluctuate between 5 and 15 feet lower in the fall. Lowering of water 
levels during dry months is not excessive and is balanced by rapid 
recovery of water level elevations during the wet months. The 
groundwater of the Upper Lake Groundwater Basin has high levels of 
iron, manganese, and calcium and low levels of boron and dissolved 
solids. The petition states that although the high levels of iron and 
manganese may clog irrigation equipment, the high levels of calcium and 
low levels of boron and dissolved solids are beneficial to grapevine 
growth.
    The Gravelly Valley Groundwater Basin lies to the north of the 
proposed Upper Lake Valley AVA, within the Mendocino National Forest. 
The petition states that no additional information was available about 
the hydrogeology of this basin. To the east of the proposed AVA is the 
High Valley Groundwater Basin, which is characterized by rocks of the 
Jurassic-Cretaceous Franciscan Formation and Quaternary Holocene 
volcanics. The groundwater contains high levels of ammonia, 
phosphorous, chloride, iron, boron, and manganese. The springtime 
groundwater level is 10 to 30 feet below the surface, with the summer 
drawdown 5 to 10 feet below the spring level.
    Clear Lake is to the immediate south of the proposed AVA, while the 
Big Valley Groundwater Basin is farther south. The prominent 
groundwater formations in the Big Valley Groundwater Basin are 
Quaternary Alluvium and Upper Pliocene to Lower Pliocene Volcanic Ash 
Deposit. Groundwater levels in the northern portion of the Big Valley 
Groundwater Basin are usually 5 feet below the surface and decrease 10 
to 50 feet during the summer. In the uplands of the basin, the depth to 
water in the spring is much deeper, ranging from 70 to 90 feet below 
the surface and dropping an additional 30 to 40 feet over the summer. 
Boron is an impairment in the water in some parts of the basin. At 
levels of 2 mg/l or above, Boron is toxic to most plants. To the west 
of the proposed AVA is the Scotts Valley Groundwater Basin, which 
consists of rocks from the Jurassic-Cretaceous Franciscan Formation. 
Depth to water in the spring is 10 feet below the surface on the 
average, with summer drawdown ranging from 30 to 60 feet below spring 
levels depending on location across the basin. Boron, iron, and 
manganese are impairments of groundwater in this basin.
    According to the petition, soils from three general soil map units 
make up over 56 percent of the total area of the proposed Upper Lake 
Valley AVA: Millsholm-Skyhigh-Bressa; Still-Lupoyoma; and Tulelake-
Fluvaquentic-Haplawuolls. Millsholm-Skyhigh-Bressa soils are formed 
from sandstone and shale and are primarily loams and clay loams. They 
are moderately deep, moderately-well to well-drained, and have slopes 
that range from moderately sloping to steep. These soils are shallower 
than soils in the other two map units. They may still be suitable for 
viticulture, however, since the petition states the quality of fruit is 
better, although yields are usually lower, on soils limited in depth by 
hardpan, rock,

[[Page 33644]]

or clay substrata. Soils from the Still-Lupoyoma general map unit occur 
on the nearly-level valley floors and consist of very deep, moderately-
well to well-drained loams and silt loams. According to the petition, 
most vineyards in the proposed AVA are planted on these soils due to 
their gentle slopes, which create less of an erosion hazard and provide 
good drainage. These soils are also deep, which allows roots to extend 
further. Soils from the Tulelake-Fluvaquentic-Haplawuolls map unit are 
very deep, poorly drained silty clay loams that occur in marshy and 
reclaimed areas around Clear Lake and Tule Lake. The petition states 
these soils can be suitable for viticulture if the poor drainage can be 
mitigated.
    To the north of the proposed Upper Lake Valley AVA, the soils 
belong to the Maymen-Etsel and the Sanhedrin-Speaker-Kekawaka soil map 
units. These shallow soils contain outcroppings of large stones and are 
not very prevalent in the proposed AVA. To the east of the proposed 
AVA, the most common soil map units are the Maymen-Etsel, Sobrante-
Guenoc-Hambright, and the Sanhedrin-Speake-Kekawaka units, which are 
also not common within the proposed AVA and occur mostly on very steep 
slopes. South of the proposed AVA, within the Big Valley District AVA 
(27 CFR 9.232), the soils belong to the Cole-Clear Lake Variant-Clear 
Lake general soil map unit. To the west of the proposed AVA, the soils 
are from the Millsholm-Skyhigh-Bressa soil map unit and then transition 
to the Maymen-Etsel soil map unit in the higher elevations of the 
Mayacamas Mountains.
    According to the petition, the climate of the proposed Upper Lake 
Valley AVA is characterized by high annual rainfall amounts, a 
relatively short frost-free period, low-speed but frequent winds, and 
low median growing degree (GDD) accumulations.\1\ Annual predicted 
rainfall amounts within the Upper Lake Groundwater Basin, where the 
proposed AVA is located, range from 35 to 43 inches, which provides 
sufficient hydration for grapevines. To the east, west and south of the 
proposed AVA, annual predicted rainfall amounts are lower, while in the 
region to the north, the annual predicted rainfall is approximately 49 
inches.
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    \1\ Heat summation is calculated as the sum of the mean monthly 
temperature above 50 degrees Fahrenheit (F) during the growing 
season from April 1 to October 31 and is expressed as growing degree 
days (GDDs). A baseline of 50 degrees F is used because there is 
almost no shoot growth below this temperature. See Albert J. Winkler 
et al., General Viticulture (Berkeley: University of California 
Press, 2nd ed. 1974), pages 67-71.
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    The proposed AVA has a median of 202 frost-free days per year. The 
median, minimum, and maximum frost-free periods within the proposed AVA 
are substantially shorter than those of the established AVAs to the 
east, southeast, and west. The median and maximum frost-free periods in 
the proposed AVA are longer than their counterparts in most AVAs to the 
south of the proposed AVA, with the exception of the established Red 
Hills Lake County AVA (27 CFR 9.169). The number of frost-free days in 
the region to the north of the proposed AVA was not available. Late 
frosts can damage new vine growth and early frosts can impact the 
ability of grapes to reach a desirable sugar level.
    The median GDD accumulation in the proposed Upper Lake Valley AVA 
is 3,158, while the maximum is 3,434 and the minimum is 2,809. 
According to the petition, GDD accumulations within the proposed AVA 
are suitable for growing a variety of grapes, including Sauvignon 
Blanc. The median GDD accumulation for the proposed AVA is 
substantially smaller than those of established AVAs to the east, 
southeast, south, and west. The maximum GDD accumulation in the 
proposed AVA is less than the maximum GDD accumulation in each of these 
established AVAs, with the exception of Benmore Valley AVA (27 CFR 
9.142) to the west and Big Valley District-Lake County AVA (27 CFR 
9.232) to the south. The minimum GDD accumulation in the proposed AVA 
is lower than those of established AVAs to the east, southeast, south, 
and west. GDD data was not provided for the region to the north of the 
proposed AVA.
    Within the proposed AVA, wind speeds between 1 and 5 miles per hour 
account for 82.88 percent of the daytime wind speeds and 88.86 percent 
of nighttime wind speeds. Winds with speeds below 1 mile per hour, 
defined as ``calm,'' occurred only 2.23 percent of the time during 
daytime hours and 3.04 percent of the time during nighttime hours. Wind 
speeds greater than 20 miles per hour were not recorded within the 
proposed AVA. The petition states that constant, gentle winds keep 
grapes and leaf canopies cool and dry, and reduce the risk of mildew. 
According to the petition, a larger percentage of wind speeds in three 
established AVAs to the southeast and south of the proposed AVA are 
less than 1 mile per hour, and in two of these AVAs, winds with speeds 
exceeding 20 miles per hour were recorded. Wind speed data was not 
available for the regions to the north and west of the proposed AVA.
    The petition also requested the expansion of the Clear Lake AVA 
boundary so that the entire proposed Upper Lake Valley would be 
contained within it. The petition noted that the proposed expansion 
area, located in the northern portion of Scotts Valley along Scotts 
Creek, has elevations within the range of those found elsewhere in the 
Clear Lake AVA. T.D. ATF-147, which established the Clear Lake AVA, 
states that elevations for vineyards planted within the AVA range from 
1,300 to 1,800 feet. For comparison, the expansion petition notes that 
the vineyard within the proposed expansion area sits at 1,360 feet. The 
expansion petition also notes that T.D. ATF-147 included a map of the 
Clear Lake watershed, which was described as having an important effect 
on the climate of the Clear Lake AVA. The expansion petition notes that 
the map includes all of Scotts Valley, including the proposed expansion 
area, in the Clear Lake watershed. Finally, T.D. ATF-147 stated that 
the climate of the Clear Lake AVA places it in Winkler Regions II and 
III. The expansion petition notes that annual GDD accumulations in the 
proposed expansion area range from 2,985 to 3,364, which also places 
the proposed expansion area in Winkler Regions II and III.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 200 in the Federal Register on April 16, 
2021 (86 FR 20102), proposing to establish the Upper Lake Valley AVA 
and expand the boundary of the established Clear Lake AVA. In the 
notice, TTB summarized the evidence from the petition regarding the 
name, boundary, and distinguishing features for the proposed AVA. The 
notice also compared the distinguishing features of the proposed AVA to 
the surrounding area, including the existing Clear Lake and North Coast 
AVAs, and provided a comparison of the features of the proposed 
expansion area to those of the established Clear Lake AVA. For a 
detailed description of the evidence relating to the name, boundary, 
and distinguishing features of the proposed AVA, and for a detailed 
comparison of the distinguishing features of the proposed AVA and the 
proposed expansion area to the surrounding areas, see Notice No. 200. 
In Notice No. 200, TTB solicited comments on the accuracy of the name, 
boundary, and other required information submitted in support of the 
petition. The comment period closed on June 15, 2021.

[[Page 33645]]

    TTB received two comments in response to Notice No. 200. One 
comment was anonymous, and the second comment was submitted by the Lake 
County Winegrape Commission. Both comments support establishing the 
proposed Upper Lake Valley AVA and also specifically supported the 
proposed expansion of the Clear Lake AVA.

TTB Determination

    After careful review of the petition, TTB finds that the evidence 
provided by the petitioner supports the establishment of the Upper Lake 
Valley AVA. Accordingly, under the authority of the FAA Act, section 
1111(d) of the Homeland Security Act of 2002, and parts 4 and 9 of the 
TTB regulations, TTB establishes the ``Upper Lake Valley'' AVA in Lake 
County, California. Additionally, TTB expands the boundary of the Clear 
Lake AVA in order to entirely encompass the Upper Lake Valley AVA. The 
establishment of the Upper Lake Valley AVA and the expansion of the 
Clear Lake AVA are both effective 30 days from the publication date of 
this document.

Boundary Description

    See the narrative description of the boundary of the Upper Lake 
Valley AVA and the modified Clear Lake AVA boundary in the regulatory 
text published at the end of this final rule.

Maps

    The petitioner provided the required maps, and they are listed 
below in the regulatory text. The Upper Lake Valley AVA boundary and 
the expanded Clear Lake Valley AVA boundary may also be viewed on the 
AVA Map Explorer on the TTB website, at https://www.ttb.gov/wine/ava-map-explorer.

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. For a wine to be labeled with an AVA name or with a 
brand name that includes an AVA name, at least 85 percent of the wine 
must be derived from grapes 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 for labeling with an AVA name 
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 AVA name appears in another 
reference on the label in a misleading manner, the bottler would have 
to obtain approval of a new label. Different rules apply if a wine has 
a brand name containing an AVA 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.
    With the establishment of the Upper Lake Valley AVA, its name, 
``Upper Lake Valley,'' will be recognized as a name of viticultural 
significance under Sec.  4.39(i)(3) of the TTB regulations (27 CFR 
4.39(i)(3)). The text of the regulations clarifies this point. 
Consequently, wine bottlers using the name ``Upper Lake Valley'' in a 
brand name, including a trademark, or in another label reference to the 
origin of the wine, will have to ensure that the product is eligible to 
use the AVA name as an appellation of origin.
    The establishment of the Upper Lake Valley AVA will allow vintners 
to use ``Upper Lake Valley'' and ``North Coast'' as appellations of 
origin for wines made primarily from grapes grown within the Upper Lake 
Valley AVA if the wines meet the eligibility requirements for the 
appellations. The expansion of the Clear Lake AVA will also allow 
vintners to use ``Clear Lake'' as an appellation of origin for wines 
made primarily from grapes grown anywhere in the Upper Lake Valley AVA 
if the wines meet the eligibility requirements for the appellation.
    Bottlers who wish to label their wines with ``Upper Lake Valley'' 
as an appellation of origin must obtain a new Certificate of Label 
Approval (COLA) for the label, even if the currently approved label 
already contains another AVA appellation of origin. Please do not 
submit COLA requests to TTB before the date shown in the Dates section 
of this document, or your request will be rejected.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of an AVA 
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

    It has been determined that this final rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this final rule.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

    For the reasons discussed in the preamble, TTB amends title 27, 
chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Amend Sec.  9.99 by:
0
a. Removing the period at the end of paragraph (b)(4) and adding a 
semicolon in its place;
0
b. Adding paragraph (b)(5);
0
c. Redesignating paragraphs (c)(11) through (c)(17) as paragraphs 
(c)(15) through (c)(21); and
0
d. Adding new paragraphs (c)(11) through (c)(14).
    The additions read as follows:


Sec.  9.99   Clear Lake.

* * * * *
    (b) * * *
    (5) ``Upper Lake Quadrangle, California,'' 7.5 minute series, 1996.
    (c) * * *
    (11) Then southeasterly in a straight line, crossing onto the Upper 
Lake quadrangle, to the intersection of the 1,600-foot elevation 
contour and an unnamed 4-wheel drive road in Section 9, T15N/R10W;
    (12) Then northwesterly, then southwesterly along the 1,600-foot 
elevation contour to a point in Section 8, T15N/R10W, that is due north 
of the westernmost structure in a row of three structures located south 
of Scotts Creek;
    (13) Then south in a straight line, crossing over Scotts Creek and 
the westernmost structure, to the intersection with an unnamed, 
unimproved road and the 1,600-foot elevation contour in Section 17, 
T15N/R10W;
    (14) Then generally east along the 1,600-foot elevation contour to 
its second intersection with an unnamed, unimproved road in section 15, 
T15N/R10W;
* * * * *

0
3. Add Sec.  9.286 to read as follows:

[[Page 33646]]

Sec.  9.286   Upper Lake Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Upper Lake Valley''. For purposes of part 4 of this 
chapter, ``Upper Lake Valley'' is a term of viticultural significance.
    (b) Approved maps. The four United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Upper Lake Valley viticultural area are titled:
    (1) Lakeport, 1958; photorevised 1978; minor revision 1994;
    (2) Upper Lake, 1996;
    (3) Bartlett Mountain, 1996; and
    (4) Lucerne, 1996.
    (c) Boundary. The Upper Lake Valley viticultural area is located in 
Lake County, California. The boundary of the Upper Lake Valley 
viticultural area is as described as follows:
    (1) The beginning point is on the Lakeport map at the intersection 
of Lyons Creek and the western shore of Clear Lake in Section 31, T15N/
R9W. From the beginning point, proceed south in a straight line to an 
unnamed light-duty road known locally as Lafferty Road; then
    (2) Proceed west along Lafferty Road to its intersection with an 
unnamed secondary highway known locally as Lakeshore Boulevard; then
    (3) Proceed north on Lakeshore Boulevard to its intersection with 
an unnamed light-duty road known locally as Whalen Way; then
    (4) Proceed west on Whalen Way to its intersection with State 
Highway 29; then
    (5) Proceed north on State Highway 29, crossing onto the Upper Lake 
map, to the intersection of the highway and the southern boundary of 
Section 13, T15N, R10W; then
    (6) Proceed west along the southern boundary of Sections 13 and 14 
to the intersection of the southern boundary of Section 14 with the 
1,600-foot elevation contour; then
    (7) Proceed in a generally northwesterly direction along the 
meandering 1,600-foot elevation contour to its intersection with an 
unnamed, unimproved road in Section 17, T15N/R10W; then
    (8) Proceed north in a straight line, crossing Scotts Creek, to the 
1,600-foot elevation contour in Section 8, T15N/R10W; then
    (9) Proceed northeasterly, then southeasterly along the 1,600-foot 
elevation contour to its intersection with an unnamed 4-wheel drive 
road in Section 9, T15N/R10W; then
    (10) Proceed northwest in a straight line to the marked 2,325-foot 
elevation point on Hell's Peak; then
    (11) Proceed southeast in a straight line to the intersection of 
the 1,600-foot elevation contour and the southern boundary of Section 
30 along the Mendocino National Forest boundary, T16N/R9W; then
    (12) Proceed southeast along the meandering 1,600-foot elevation 
contour to its third intersection with the Mendocino National Forest 
boundary, along the eastern boundary of Section 31, T16N/R9W; then
    (13) Proceed south, then west along the Mendocino National Forest 
boundary to its intersection with the 1,600-foot elevation contour 
along the northern boundary of Section 5, T15N/R9W; then
    (14) Proceed southeasterly along the meandering 1,600-foot 
elevation contour, crossing onto the Bartlett Mountain map, to the 
intersection of the 1,600-foot elevation contour and the Mendocino 
National Forest boundary along the eastern boundary of Section 9, T15N/
9RW; then
    (15) Proceed south, then east along the Mendocino National Forest 
boundary to its intersection with the 1,600-foot elevation contour 
along the northern boundary of Section 15, T15N/R9W; then
    (16) Proceed south, then northwest along the meandering 1,600-foot 
elevation contour, crossing onto the Upper Lake map, and continuing 
southeasterly along the 1,600-foot elevation contour crossing back and 
forth between the Bartlett Mountain map and the Upper Lake map, to the 
intersection of the 1,600-foot elevation contour and an unimproved 4-
wheel drive road in Section 21, T15N/R9W; then
    (17) Continue southeast along the 1,600-foot elevation contour, 
crossing onto the Lucerne map, to the intersection of the 1,600-foot 
elevation contour and an unimproved 4-wheel drive road in Section 36, 
T15N/R9W; then
    (18) Proceed south in a straight line to the shoreline of Clear 
Lake; then
    (19) Proceed northeasterly along the shoreline of Clear Lake, 
crossing onto the Lakeport map, and continuing southwesterly along the 
shoreline, crossing Rodman Slough, to return to the beginning point.

    Signed: May 25, 2022.
Mary G. Ryan,
Administrator.

    Approved: May 26, 2022.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2022-11717 Filed 6-2-22; 8:45 am]
BILLING CODE 4810-31-P