[Federal Register Volume 68, Number 93 (Wednesday, May 14, 2003)]
[Proposed Rules]
[Pages 25851-25855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11970]
[[Page 25851]]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
RIN 1512-AC60
[TTB Notice No. 8]
San Bernabe and San Lucas Viticultural Areas (2001R-170P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes the
establishment of the San Bernabe viticultural area (the proposed area)
and the realignment of the adjacent San Lucas viticultural area. Both
viticultural areas exist entirely within the Central Coast and Monterey
viticultural areas and within Monterey County, California. The proposed
San Bernabe viticultural area consists of 24,796 acres that the
petitioner states are predominantly rolling hills of sandy soils. The
realignment would transfer 1,281 acres of rolling, sandy land from the
northwest San Lucas area to the south San Bernabe area. This proposed
realignment would avoid splitting a large vineyard between two
viticultural areas and prevent overlapping of viticultural areas.
Claude Hoover of Delicato Family Vineyards, Monterey, California, filed
both petitions.
DATES: We must receive written comments by July 14, 2003.
ADDRESSES: You may send comments to any of the following addresses--
[sbull] Chief, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, PO Box 50221, Washington, DC 20091-0221
(Attn: Notice No. 8);
[sbull] 202-927-8525 (facsimile);
[sbull] [email protected] (e-mail); or
[sbull] http://www.ttb.gov (An online comment form is posted with
this notice on our Web site).
You may view copies of this notice and any comments received at
http://www.ttb.gov or by appointment at the ATF Reference Library, 650
Massachusetts Avenue, NW., Washington, DC 20226; phone 202-927-7890.
See the Public Participation section of this notice for specific
instructions and requirements, and for information on how to request a
public hearing.
FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Specialist, Regulations
and Procedures Division (California), TTB, PO Box 4644, Petaluma,
California 94955-4644; telephone 415-271-1254.
SUPPLEMENTARY INFORMATION:
TTB Background
What Is the Impact of the Homeland Security Act on Rulemaking?
Effective January 24, 2003, the Homeland Security Act of 2002
divided the Bureau of Alcohol, Tobacco and Firearms (ATF) into two new
agencies, the Alcohol and Tobacco Tax and Trade Bureau in the
Department of the Treasury and the Bureau of Alcohol, Tobacco, Firearms
and Explosives in the Department of Justice. Regulation of wine
labeling, including viticultural area designations, is the
responsibility of the new TTB. References to ATF in this document
relate to events that occurred prior to January 24, 2003, or to
functions that the Bureau of Alcohol, Tobacco, Firearms and Explosives
continues to perform.
Background on Viticultural Areas
What Is TTB's Authority To Establish a Viticultural Area?
The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C.
205(e) requires that alcohol beverage labels provide the consumer with
adequate information regarding a product's identity, while prohibiting
the use of deceptive information on such labels. The FAA Act also
authorizes TTB to issue regulations to carry out the Act's provisions.
Regulations in 27 CFR part 4, Labeling and Advertising of Wine,
allow the establishment of definitive viticultural areas and the use of
their names as appellations of origin on wine labels and in wine
advertisements. Title 27 CFR Part 9, American Viticultural Areas,
contains the list of approved viticultural areas.
What Is the Definition of an American Viticultural Area?
Title 27 CFR 4.25a(e)(1) defines an American viticultural area as a
delimited grape-growing region distinguishable by geographic features
whose boundaries have been delineated in subpart C of part 9. These
designations allow consumers and vintners to attribute a given quality,
reputation, or other characteristic of wine made from grapes grown in
an area to its geographical origin.
What Is Required To Establish a Viticultural Area?
Section 4.25a(e)(2) outlines the procedure for proposing an
American viticultural area. Anyone interested may petition TTB to
establish a grape-growing region as a viticultural area. The petition
must include--
[sbull] Evidence of local and/or national name recognition of the
proposed viticultural area as the area specified in the petition;
[sbull] Historical or current evidence that the proposed
viticultural area's boundaries are as specified in the petition;
[sbull] Evidence of geographical characteristics, such as climate,
soil, elevation, physical features, etc., that distinguish the proposed
area from surrounding areas;
[sbull] A description of the specific boundaries of the
viticultural area, based on features reflected on United States
Geological Survey (USGS) approved maps of the largest applicable scale;
and
[sbull] A copy (or copies) of the USGS-approved map(s) with the
boundaries prominently marked.
Will This Proposal Impact on Current Wine Labels?
If this proposed viticultural area is established, bottlers who use
brand names like the name of the viticultural area may be affected. If
you do use a brand name like San Bernabe, you must ensure that your
existing products are eligible to use the name of the viticultural area
as an appellation of origin. For a wine to be eligible, at least 85
percent of the grapes in the wine must have been grown within the
viticultural area.
If the wine is not eligible to use the appellation, you must change
the brand name of that wine and obtain approval of a new label.
Different rules apply if you label a wine in this category with a label
approved before July 7, 1986. See 27 CFR 4.39(i) for details.
Additionally, where the name of a viticultural area is presented on a
wine label in a context other than as the claimed appellation of
origin, then the use of such a viticultural area name is subject to the
general prohibitions against misleading representation in part 4 of the
regulations.
San Bernabe and San Lucas Petitions
We received two petitions proposing (1) the establishment of a new
viticultural area to be named San Bernabe and (2) a realignment of the
adjacent, established San Lucas viticultural area. Both areas are
located in central Monterey County, California. The proposed San
Bernabe viticultural area encompasses 24,796 acres, of which 7,636
acres are vineyard. The petitioned realignment of the San Lucas
viticultural area would transfer 1,281 acres to the proposed San
Bernabe
[[Page 25852]]
viticultural area, create a common boundary line between the two areas,
and avoid overlapping of the viticultural areas. Claude Hoover of
Delicato Family Vineyards, Monterey, California, filed both petitions.
What Name Evidence Related to San Bernabe Has Been Provided?
According to the 1991 publication of ``Monterey County Place Names,
A Geographical Dictionary,'' by Donald Thomas Clark, Father Pedro Font,
a member of the California expedition of Spanish explorer DeAnza,
documented the initial reference to San Bernabe on March 8, 1776. He
wrote in his diary, ``we had passed a spur of the Sierra de Santa Lucia
* * * The road at first runs through a spur of mountains, until it
descends to a wide valley called the Ca[ntilde]ada de San Bernabe.''
Eventually the area became known as ``Rancho San Bernabe.''
The Thompson Canyon and San Lucas USGS quadrangle maps prominently
identify the area as San Bernabe. The relevant Thomas Guide labels this
area Rancho San Bernabe. The TopoZone map Web site identifies this
rural area as San Bernabe.
The 13,000-acre San Bernabe vineyard, with 7,636 acres planted to
grapes, sits almost entirely within the proposed new and realignment
viticultural areas. The petitioner explains that the small portion of
the vineyard estate outside these proposed boundaries is unplanted and
unsuitable for grape cultivation. The San Bernabe vineyard estate is
recognized as the largest continuous vineyard estate under a single
ownership in the free world, according to the petitioner.
What Historical/Current Evidence Supports the Boundaries as Specified?
According to the 1991 ``Monterey County Place Names, A Geographical
Dictionary,'' the San Bernabe area land grants were given to Jesus
Molina in 1841 and in 1842 to Petronillo Rios. In 1842 Rios bought the
Molina land grant and the Rios family began raising cattle and crops on
this land and producing wine from their own grapes. The Rios ranch,
known as Rancho San Bernabe, eventually became a successful vineyard
and wine producing property.
According to the petitioner, in the 1970s Prudential-Southdown
purchased the San Bernabe acreage for vineyard development. The
petitioner explains that in 1988 the Delicato family bought the San
Bernabe vineyard for its premium and super-premium wine market
potential. The San Bernabe vineyard estate occupies 52 percent of the
proposed viticultural area of the same name.
The petitioner defines the proposed San Bernabe viticultural area
boundaries on USGS maps by connecting benchmarks, mountain peaks, and
other geographical features with straight lines and by using several
existing roads that follow the hilly terrain and soil changes.
The proposed San Bernabe viticultural area shares portions of its
west and southwest boundary lines with the surrounding Monterey
viticultural area, which is also surrounded by the Central Coast
viticultural area. If the petitioned realignment is approved, the
proposed San Bernabe area will share its southeast boundary with the
San Lucas viticultural area. According to the petitioner, the transfer
of 1,281 acres of the San Lucas viticultural area to the San Bernabe
proposed viticultural area would better define the geographical
differences between the established San Lucas and the proposed San
Bernabe viticultural areas and avoid splitting an existing vineyard
between viticultural areas.
What Geographical Features Distinguish San Bernabe From Other Areas?
The proposed San Bernabe viticultural area is located immediately
south of King City in the long Salinas Valley. The approximately 9-
mile-long and 7-mile-wide proposed viticultural area occupies the
valley floor and rolling foothills from the Salinas River west to the
Santa Lucia Mountains. The petitioner explains the unique qualities of
the San Bernabe area include its climate, water quality, wind-produced
eolian soils, and rolling hills. The petitioner claims that the 1,281
acres proposed for realignment possess the similar eolian soils,
rolling hills topography, and the same irrigation water quality of the
petitioned San Bernabe viticultural area.
Soil
Grapes grow below the 700-foot elevation level on rolling hills in
wind-produced eolian soils, according to the petition. The Oceano,
Garey, and Garey-Oceano complex eolian soil types, which are well to
excessively well-drained, dominate the petitioned San Bernabe
viticultural area. The petitioner states that small niches of alluvial
soils, derived from the shale-based Santa Lucia Mountains, lie within
the petitioned area and immediately to the north and south of the
proposed boundary lines.
The surrounding, larger Monterey viticultural area consists of only
1.6 percent eolian soils, and the alluvial Lockwood series soils
dominate the adjacent San Lucas viticultural area, according to the
petitioner. The proposed realignment area possesses a predominance of
the wind-produced eolian soils that contrast to the alluvial type soils
of the San Lucas area. Above and west of the 700-foot contour line, the
soils are derived from the shale-based Santa Lucia Mountains. The bench
soils along the east boundary are common to the Salinas River area.
East of the proposed viticultural area, the Gabilan Mountain Range
includes calcareous sandstone, shale, and siltstone, which come from a
different source material, according to the petitioner.
Climate
The petitioner explains that the Salinas Valley forms a broad
funnel for the strong, cool, afternoon marine winds coming off Monterey
Bay during the warm months. The winds are drawn inland and south
through the Salinas Valley by rising, warm air and moderate the
valley's high and low temperatures to varying degrees, which produces a
graduated effect within the Salinas Valley. As a result, the proposed
San Bernabe area is warmer than viticultural areas to the north and
that are closer to Monterey Bay and cooler than the adjoining San Lucas
viticultural area to the immediate south, according to the petition.
The moderating effect dissipates as the winds travel inland,
creating a series of temperature-unique, grape-growing areas within the
long Salinas Valley. San Bernabe, at 60 miles south of the Monterey
Bay, averages a 30-degree daily temperature variation, while Salinas,
at 17 miles from the Monterey Bay, averages an 18-degree daily
temperature variation, according to the petition.
The cool night air helps retain the grapes' acid and color, while
the daily heat encourages ripeness and flavor. The petition states that
the San Bernabe area averages 30 frost-days annually, while Salinas,
closer to Monterey Bay, averages only four frost-days.
According to the petitioner, most rain falls at the Salinas
Valley's extreme north and south ends. Less rain falls in between,
including the proposed viticultural area. The petition states that the
San Bernabe area averages 13 inches annual rainfall, while Salinas at
the north end averages 17.5 inches, and Paso Robles at the south end
averages 19 inches.
Water Resources
The petitioner explains that irrigation water is used extensively
in the
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vineyards. The water comes from area reservoirs and contains small
amounts of carbonates and nitrates, which benefits the grapevines and
soil. Toward the Monterey Bay, water quality declines as nitrate and
carbonate levels increase, according to the petitioner.
What San Lucas Boundary Descriptions Have Been Provided?
We are considering the San Bernabe petition and a revision of the
north boundary of the San Lucas viticultural area as defined in 27 CFR
9.56 at the same time. The proposed revision would reduce the San Lucas
viticultural area from 34,642 to 33,361 acres, a loss of 3.5 percent,
or 1,281 acres, which would be incorporated into the proposed San
Bernabe viticultural area. A series of high elevation boundary points
establishes the San Lucas area north border and currently overlaps the
south boundary line of the proposed San Bernabe viticultural area. The
San Lucas north boundary line bisects seven of the petitioner's
vineyard blocks. Ninety percent of the large San Bernabe vineyard
estate is within the proposed San Bernabe viticultural area, and ten
percent is within the San Lucas viticultural area, according to the
petitioner. Approval of the San Lucas realignment would avoid a
division of this vineyard.
In support of the San Lucas boundary revision, the petitioner
indicates that the soils in this area closely reflect the sandy loam
soils of the San Bernabe area. The 1972 U.S. Department of Agriculture,
Soil Conservation Service, Soil Survey of Monterey County map documents
a change from the Oceano loamy sand and Garey sandy loam soils that
dominate the San Bernabe area to the Greenfield, Lockwood, and Metz
soils that dominate the San Lucas area. The petitioner explains that
the same climate and irrigation factors exist in the proposed 1,281-
acre realignment area and the proposed new San Bernabe viticultural
area, as is demonstrated by the petitioner's uniform viticulture
practices within the 13,000-acre vineyard estate.
What Maps Reflect the Boundaries of the Proposed San Bernabe
Viticultural Area and the Boundary Revision of the San Lucas
Viticultural Area?
The petitioned new San Bernabe viticultural area and the
established San Lucas viticultural area are located in Monterey County,
California. Four USGS-published, 1:24,000 scale topographic maps define
the boundaries of the proposed San Bernabe viticultural area. The maps
are--
(1) Thompson Canyon Quadrangle, California-Monterey County, 7.5
Minute Series, 1949 edition (photorevised 1984);
(2) San Lucas Quadrangle, California-Monterey County, 7.5 Minute
Series, 1949 edition (photorevised 1984);
(3) Espinosa Canyon Quadrangle, California-Monterey County, 7.5
Minute Series, 1949 edition (photorevised 1979); and
(4) Cosio Knob Quadrangle, California-Monterey County, 7.5 Minute
Series, 1949 edition (photorevised 1984).
The USGS publishes the two maps used to mark the boundaries of the
San Lucas viticultural area's proposed realignment. The scale is
1:24,000, and the maps are--
(1) Espinosa Canyon Quadrangle, California-Monterey County, 7.5
Minute Series, 1949 edition (photorevised 1979); and
(2) San Lucas Quadrangle, California-Monterey County, 7.5 Minute
Series, 1949 edition (photorevised 1984).
This proposed realignment area is an angular strip of land in the
northwest San Lucas viticultural area, adjacent to the proposed San
Bernabe viticultural area.
Public Participation
Who May Comment on This Notice?
We request comments from anyone interested. TTB is particularly
interested in whether the adjustment of the San Lucas viticultural area
boundaries will impact other vineyards or wineries. Please support your
comments with specific information about the proposed area's name,
growing conditions, or boundaries. All comments must include your name
and mailing address, reference this notice number, and be legible and
written in language acceptable for public disclosure.
Although we do not acknowledge receipt, we will consider your
comments if we receive them on or before the closing date. We will
consider comments received after the closing date if we can. We regard
all comments as originals.
Will TTB Keep My Comments Confidential?
We do not recognize any submitted material as confidential. All
comments are part of the public record and subject to disclosure. Do
not enclose in your comments any material you consider confidential or
inappropriate for disclosure.
How Can I Get Information About This Notice?
You may view copies of the petition, the proposed regulation, the
appropriate maps, and any comments received by appointment at the ATF
Reference Library, 650 Massachusetts Avenue, NW., Washington, DC 20226.
You may also obtain copies at 20 cents per 8.5 11-inch page. Contact
the ATF Librarian at the above address or telephone 202-927-7890 to
schedule an appointment or to request copies of comments.
For your convenience, we will post this notice and the comments
received on the TTB Web site. All posted comments will show the names
of commenters but not street addresses, telephone numbers, or e-mail
addresses. We may also omit voluminous attachments or material that we
consider unsuitable for posting. In all cases, the full comment will be
available in the ATF Reference Library. To access the online copy of
this notice, visit http://www.ttb.gov and select ``Alcohol,'' then
``Rules and Regulations,'' then ``Notices of proposed rulemaking
(Alcohol).'' Select the ``View Comments'' link under this notice number
to view the posted comments.
How Should I Submit Comments?
You may submit comments in any of four ways.
[sbull] By mail: You may send written comments to TTB at the
address listed in the ADDRESSES section.
[sbull] By 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 five or less pages long. This limitation assures electronic
access to our equipment. We will not accept faxed comments that exceed
five pages.
[sbull] By 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.
[sbull] By online form: We provide a comment form with the online
copy of this notice on our Web site at http://www.ttb.gov. Select
``Alcohol,'' then ``Rules and Regulations,'' then Notices of proposed
rulemaking (Alcohol).'' Select the ``Send comments via email'' link
under this notice number.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to
[[Page 25854]]
determine, in light of all circumstances, whether a public hearing will
be held.
Regulatory Analyses and Notices
Does the Paperwork Reduction Act Apply to This Proposed Rule?
We propose no requirement to collect information. Therefore, the
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and
its implementing regulations, 5 CFR part 1320, do not apply.
Does the Regulatory Flexibility Act Apply to This Proposed Rule?
We certify that this regulation, if adopted, will not have a
significant economic impact on a substantial number of small entities,
including small businesses. The proposal imposes no new reporting,
recordkeeping, or other administrative requirements.
The establishment of viticultural areas represents neither our
endorsement nor approval of the quality of wine made from grapes grown
in the areas. Rather, it is a system that identifies areas distinct
from one another. In turn, identifying viticultural areas lets wineries
describe more accurately the origin of their wines to consumers and
helps consumers identify the wines they purchase. Thus, any benefit
derived from using a viticultural area name results from the
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Is This Proposed Rule a Significant Regulatory Action?
This proposed rule is not a ``significant regulatory action'' as
defined by Executive Order 12866. Therefore, no regulatory assessment
is required.
Drafting Information
The principal author of this document is N. A. Sutton (California),
and the editor is Jane R. Stefanik (Washington, DC), Regulations and
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau.
List of Subjects in 27 CFR Part 9
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
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
2. Subpart C is amended by adding Section 9.---- to read as
follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.---- San Bernabe
(a) Name. The name of the viticultural area described in this
section is ``San Bernabe''.
(b) Approved Maps. The appropriate maps for determining the
boundary of the San Bernabe viticultural area are four 1:24,000 scale,
USGS-published topographic maps. They are titled:
(1) Thompson Canyon Quadrangle, California-Monterey County, 1949
(photorevised 1984).
(2) San Lucas Quadrangle, California-Monterey County, 1949
(photorevised 1984).
(3) Espinosa Canyon Quadrangle, California-Monterey County, 1949
(photorevised 1979).
(4) Cosio Knob Quadrangle, California-Monterey County, 1949
(photorevised 1984).
(c) Boundary. The proposed viticultural area is located in central
Monterey County, south of King City, California, and west of highway
101. The point of beginning is benchmark 304, located one-half mile
southwest of King City, along the Salinas River, in Township 20 South
(T20S) and Range 8 East (R8E) (Thompson Canyon Quadrangle); then
(1) Proceed southeast in a straight line for 2.35 miles to
benchmark 304, at the intersection of a trail and the 300-foot contour
line, between highway 101 and the Salinas River, in T20S and R8E (San
Lucas Quadrangle); then
(2) Proceed southeast in a straight line for 2.9 miles to benchmark
336, between highway 101 and the Salinas River, in T20S and R8E (San
Lucas Quadrangle); then
(3) Proceed southeast in a straight line for 3 miles to benchmark
340, between U.S. highway 101 and the Salinas River, in T21S and R9E
(San Lucas Quadrangle); then
(4) Proceed south in a straight line for 0.8 mile to the
intersection of the Salinas River and the highway 198 bridge, in T21S
and R9E (Espinosa Canyon Quadrangle); then
(5) Proceed southwest along highway 198 for 0.6 mile to its
intersection with an unnamed light duty road, in T21S and R9E (Espinosa
Canyon Quadrangle); then
(6) Proceed northwest, followed by southwest, about 1.2 miles along
the meandering, unnamed, light duty road to its intersection with the
fork of an intermittent stream, in T21S and R8E (Espinosa Canyon
Quadrangle); then
(7) Proceed southwest in a straight line for 0.6 mile to the 595-
foot peak, Section 13, in T21S and R8E (Espinosa Canyon Quadrangle);
then
(8) Proceed southwest in a straight line for 1.3 miles to the 788-
foot peak, section 23, in T21S and R8E (Espinosa Canyon Quadrangle);
then
(9) Proceed southwest in a straight line for 0.7 mile to the
intersection of the unimproved road and jeep trail, east of the 73-
degree longitudinal line, section 26, in T21S and R8E (Espinosa Canyon
Quadrangle); then
(10) Proceed northwest in a straight line for 3.2 miles to the
northwest corner of section 16, in T21S and R8E (Espinosa Canyon
Quadrangle); then
(11) Proceed southwest in a straight line for 1.5 miles to the
northeast corner of section 19, in T21S and R8E (Cosio Knob
Quadrangle); then
(12) Proceed southwest in a straight line for 2.2 miles to the
southwest corner of section 24, in T21S and R7E (Cosio Knob
Quadrangle); then
(13) Proceed north in a straight line for 2 miles to the northwest
corner of section 13, in T21S and R7E (Cosio Knob Quadrangle); then
(14) Proceed east in a straight line for 1 mile to the northeast
corner of section 13, in T21S and R7E (Cosio Knob Quadrangle); then
(15) Proceed north in a straight line for 2 miles, along the R7E
and R8E common boundary line, to the northwest corner of section 6, in
T21S and R8E (Thompson Canyon Quadrangle); then
(16) Proceed east in a straight line for 0.1 mile to the southwest
corner of section 31 and continue diagonally to the northeast corner of
section 31, in T20S and R8E (Thompson Canyon Quadrangle); then
(17) Proceed west in a straight line for 2 miles to the southwest
corner of section 25, in T20S and R7E (Thompson Canyon Quadrangle);
then
(18) Proceed due north in a straight line for 0.1 mile to the
intersection with a light duty road, named Pine Canyon Road, in section
25, and continue northeast along that road for 3.2 miles to its
intersection with an unnamed secondary highway, north of benchmark 337,
section 18, in T20S and R8E (Thompson Canyon Quadrangle); then
(19) Proceed northwest along the unnamed secondary highway for 0.3
mile to its intersection with highway 101, in T20S and R8E (Thompson
Canyon Quadrangle); then
(20) Proceed northeast along highway 101 for 0.7 mile to benchmark
304, returning to the point of beginning (Thompson Canyon Quadrangle).
[[Page 25855]]
3. Amend section 9.56, San Lucas viticultural area, to revise
paragraphs (c)(24) and (c)(25) and add paragraphs (c)(26) and (c)(27)
to read as follows:
Sec. 9.56 San Lucas
* * * * *
(c) Boundary. * * *
(24) Then northeasterly approximately 1.3 miles to the 595-foot
promontory, section 13, T. 21 S., R. 8 E. (Espinosa Canyon Quadrangle);
(25) Then northeasterly approximately 0.6 mile to the intersection
of a meandering, unnamed, light duty road and the fork of an
intermittent stream, then continues meandering northeasterly, followed
by southeasterly, approximately 1.1 miles to its intersection with an
unnamed, light duty road south of the windmill, T. 21 S., R. 8 E.
(Espinosa Canyon Quadrangle);
(26) Then northeasterly along the unnamed road approximately 0.6
mile to its intersection with the Salinas River, then continues 0.8
mile north in a straight line to benchmark 340, between highway 101 and
the Salinas River, in T. 21 S., R. 9 E. (San Lucas Quadrangle);
(27) Then approximately 0.4 mile northwesterly in a straight line
to the intersection with a water tank, then continues northeasterly in
a straight line approximately 0.7 mile, and returns to the point of
beginning in the northwest corner of section 5, in T. 21 S., R. 9 E.
(San Lucas Quadrangle).
Signed: April 29, 2003.
Arthur J. Libertucci,
Administrator.
[FR Doc. 03-11970 Filed 5-13-03; 8:45 am]
BILLING CODE 4810-31-P