Establishment of the Contra Costa Viticultural Area and Modification of the San Francisco Bay and Central Coast Viticultural Areas

Published date15 March 2024
Record Number2024-05476
Citation89 FR 18797
CourtAlcohol And Tobacco Tax And Trade Bureau
SectionRules and Regulations
Federal Register, Volume 89 Issue 52 (Friday, March 15, 2024)
[Federal Register Volume 89, Number 52 (Friday, March 15, 2024)]
                [Rules and Regulations]
                [Pages 18797-18802]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-05476]
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                DEPARTMENT OF THE TREASURY
                Alcohol and Tobacco Tax and Trade Bureau
                27 CFR Part 9
                [Docket No. TTB-2023-0004; T.D. TTB-191; Ref: Notice No. 223]
                RIN 1513-AC97
                Establishment of the Contra Costa Viticultural Area and
                Modification of the San Francisco Bay and Central Coast Viticultural
                Areas
                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 167,146-acre ``Contra Costa'' American viticultural
                area in Contra Costa County, California. Additionally, TTB is expanding
                the boundaries of the established San Francisco Bay and Central Coast
                viticultural areas to avoid a partial overlap with the Contra Costa
                viticultural area and instead encompass the entire Contra Costa AVA.
                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 April 15, 2024.
                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). In addition, the Secretary of the Treasury
                has delegated certain administration and enforcement authorities to TTB
                through Treasury Order 120-01.
                 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 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 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
                [[Page 18798]]
                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 must include the following:
                 Evidence that the area within the proposed AVA boundary is
                nationally or locally known by the AVA name specified in the petition;
                 An explanation of the basis for defining the boundary of
                the proposed AVA;
                 A narrative description of the features of the proposed
                AVA affecting viticulture, such as climate, geology, soils, physical
                features, and elevation, that make the proposed AVA distinctive and
                distinguish it from adjacent areas outside the proposed AVA;
                 If the proposed AVA is to be established within, or
                overlapping, an existing AVA, an explanation that both identifies the
                attributes of the proposed AVA that are consistent with the existing
                AVA and explains how the proposed AVA is sufficiently distinct from the
                existing AVA and therefore appropriate for separate recognition;
                 The appropriate United States Geological Survey (USGS)
                map(s) showing the location of the proposed AVA, with the boundary of
                the proposed AVA clearly drawn thereon; and
                 A detailed narrative description of the proposed AVA
                boundary based on USGS map markings.
                Petition To Establish the Contra Costa AVA and To Expand the Boundaries
                of the San Francisco Bay and Central Coast AVAs
                 TTB received a petition on behalf of the Contra Costa Winegrowers
                Association proposing to establish the ``Contra Costa'' AVA and expand
                the boundaries of the established San Francisco Bay (27 CFR 9.157) and
                Central Coast (27 CFR 9.75) AVAs. The proposed Contra Costa AVA is
                within Contra Costa County, California. The proposed AVA covers
                approximately 167,146 acres and currently contains at least 60
                commercial vineyards covering a total of approximately 1,700 acres, as
                well as at least 14 wineries. According to the petition, the
                distinguishing features of the proposed AVA are its topography and
                climate.
                 The proposed Contra Costa AVA consists of relatively flat terrain
                interrupted in places by rolling hills. All elevations within the
                proposed AVA are below 1,000 feet, and most elevations are below 100
                feet. Over 71 percent of the slope angles within the proposed AVA are
                less than 5 percent, but along the western and southern boundary and in
                the ridgeline that runs north-south between Concord and Bay Point,
                slope angles can reach 30 percent. The petition states that cool, heavy
                marine air stays at lower elevations, leading to diurnal cooling that
                can cause differences in grape development, the timing of harvest, and
                sugar accumulation and acidity in the grapes when compared to the same
                varietals grown at higher elevations.
                 East of the proposed AVA, the terrain is generally flat as one
                moves into the California Delta and the San Joaquin Valley. To the
                south and west of the proposed AVA, the terrain becomes steeper, with
                slope angles generally exceeding 20 percent and commonly above 30
                percent. Elevations to the west and south of the proposed AVA are also
                generally higher than within the proposed AVA, exceeding 1,300 feet in
                the region to the west and reaching 3,849 feet at the summit of Mt.
                Diablo to the south of the proposed AVA.
                 The petition also includes climate data in the form of growing
                degree day (GDD) accumulations \1\ and average annual precipitation
                amounts. Within the proposed Contra Costa AVA, annual GDD accumulations
                between 2014 and 2019 ranged from 3,008 to 4,275, indicating a
                generally warm climate. The petition states that the proposed AVA's
                climate is suitable for growing a variety of grapes, including
                Zinfandel, petite sirah, mourvedre, chardonnay, and cabernet sauvignon.
                ---------------------------------------------------------------------------
                 \1\ See Albert J. Winkler et al., General Viticulture (Berkeley:
                University of California Press), pp. 61-64 (1974). In the Winkler
                climate classification system, annual heat accumulation during the
                growing season, measured in annual GDDs, defines climatic regions.
                One GDD accumulates for each degree Fahrenheit that a day's mean
                temperature is above 50 degrees F, the minimum temperature required
                for grapevine growth.
                ---------------------------------------------------------------------------
                 To the northeast of the proposed AVA, at Jersey Island, GDD
                accumulations from 2014 to 2019 were similar to those found in the
                proposed AVA, but the petitioner chose to exclude this region from the
                proposed AVA because of its mucky soils that are unlikely to support
                viticulture. To the south, in Walnut Creek, GDD accumulations were also
                similar to those within the proposed AVA, although the petitioner
                excluded this region from the proposed AVA because it is a largely
                residential area that is not suited for commercial viticulture. Farther
                south, in Byron, GDD accumulations were significantly higher than those
                within the proposed AVA. To the east, within the San Joaquin Valley,
                GDD accumulations were generally warmer than within the proposed AVA,
                as the marine influence decreases as one moves farther inland. West of
                the proposed AVA, as one moves closer to San Francisco Bay and the
                Pacific Ocean, GDD accumulations were lower than within the proposed
                AVA.
                 Within the proposed Contra Costa AVA, annual precipitation amounts
                from 2013 to 2018 ranged from a low of 232 millimeters (mm) to a high
                of 565 mm. During the same time period, annual precipitation amounts to
                the west and southwest of the proposed AVA were generally higher,
                ranging from a low of 374 mm to a high of 1,712 mm. Although the
                petition included precipitation data for regions to the northeast,
                east, and southeast of the proposed AVA, TTB excluded the data from the
                proposed rule document because the data was collected from a period of
                two years or less and therefore TTB was unable to determine whether
                precipitation was a distinguishing feature of the proposed AVA in
                relation to those regions.
                Modification of the San Francisco Bay AVA Boundary
                 The San Francisco Bay AVA was established by T.D. ATF-407 on
                January 20, 1999 (64 FR 3015). T.D. ATF-407 describes the
                distinguishing feature of the San Francisco Bay AVA as ``a marine
                climate which is heavily influenced by the proximity of the San
                Francisco Bay and the Pacific Ocean.'' T.D. ATF-407 also notes that the
                eastern boundary of the AVA was chosen, in part, as a way of separating
                the AVA from the drier, warmer inland region of the Central Valley,
                which lacks a strong marine influence. Only the western portion of the
                proposed Contra Costa AVA lies within the existing San Francisco Bay
                AVA. To eliminate the partial overlap, the petitioner also proposed
                expanding the boundary of the San Francisco Bay AVA to encompass the
                entire Contra Costa AVA. The proposed expansion would increase the size
                of the San Francisco Bay AVA by approximately 109,955 acres. The
                proposed Contra Costa AVA shares some of the characteristics of the
                larger established AVA. For example, similar to other locations in the
                San Francisco Bay AVA, information provided in the petition to
                establish the Contra Costa AVA showed that the proposed AVA is
                [[Page 18799]]
                affected by cool, moist air from the Pacific Ocean and the San
                Francisco Bay. The proposed AVA is also generally cooler and wetter
                than the inland region to the east. However, the proposed Contra Costa
                AVA has some characteristics that distinguish it from the larger San
                Francisco Bay AVA. For instance, although the proposed Contra Costa AVA
                is influenced by marine air from the San Francisco Bay, the proposed
                AVA is not adjacent to San Francisco Bay, the air travelling through
                Suisun Bay instead. Additionally, while T.D. ATF-407 describes the San
                Francisco Bay AVA as having a cool Mediterranean climate
                classification, the proposed Contra Costa AVA also includes regions
                with a warm Mediterranean climate classification.
                Modification of the Central Coast AVA Boundary
                 The petition also proposes to expand the boundary of the
                established Central Coast AVA. The Central Coast AVA was established by
                T.D. ATF-216 on October 24, 1985 (50 FR 43128). T.D. ATF-216 describes
                the Central Coast AVA as a region between the Pacific Ocean and the
                Coast Ranges of California. The Central Coast AVA has a climate that is
                greatly affected by the marine influence, with the region to the east
                of the AVA having a more arid climate.
                 Only the western portion of the proposed Contra Costa AVA lies
                within the existing Central Coast AVA. To eliminate the partial
                overlap, the petitioner also proposed modifying the boundary of the
                Central Coast AVA to encompass the entire Contra Costa AVA. The
                proposed modification would increase the size of the Central Coast AVA
                by approximately 109,955 acres. Information provided in the petition to
                establish the Contra Costa AVA showed that the proposed Contra Costa
                AVA shares some of the characteristics of the larger established AVA.
                For example, similar to other locations in the Central Coast AVA, the
                proposed AVA is affected by cool, moist air from the Pacific Ocean,
                which enters the region from San Francisco Bay via Suisun Bay. The
                proposed AVA is also generally cooler and wetter than the region to the
                east. However, the proposed Contra Costa AVA has some characteristics
                that distinguish it from the larger Central Coast AVA. For instance,
                being a smaller region, the proposed AVA has less topographic variety
                than the Central Coast AVA. Additionally, being adjacent to the
                shoreline of Suisun Bay, the proposed AVA is more directly exposed to
                cool marine air than other regions of the Central Coast AVA, such as
                the Paso Robles AVA (27 CFR 9.84), which is farther inland and,
                according to T.D. ATF-216, receives its marine air via the Salinas
                River, which empties into Monterey Bay.
                Notice of Proposed Rulemaking and Comments Received
                 TTB published Notice No. 223 in the Federal Register on March 29,
                2023 (88 FR 18471), proposing to establish the Contra Costa AVA and
                expand the boundaries of the San Francisco Bay and Central Coast AVAs.
                In the notice, TTB summarized the evidence from the petition regarding
                the name, boundary, and distinguishing features for the proposed
                viticultural area. The notice also compared the distinguishing features
                of the proposed viticultural area to the surrounding areas. For a
                description of the evidence relating to the name, boundary, and
                distinguishing features of the proposed viticultural area, and for a
                comparison of the distinguishing features of the proposed viticultural
                area to the surrounding areas, see Notice No. 223.
                 In Notice No. 223, TTB solicited comments on the accuracy of the
                name, boundary, distinguishing features, and other required information
                submitted in support of the petition. In addition, TTB solicited
                comments on the proposed modifications of the established Central Coast
                and San Francisco Bay AVAs and whether the evidence presented in the
                proposed Contra Costa AVA petition sufficiently supported the
                modifications. The comment period for Notice No. 223 closed on May 30,
                2023. In response to Notice No. 223, TTB received seven comments.
                Commenters include local wine industry members, the Contra Costa
                Winegrowers Association, the Downtown Brentwood Coalition, the mayor of
                the city of Brentwood, and the original petitioner. All seven comments
                support the establishment of the proposed Contra Costa AVA. None of the
                comments specifically addressed the proposed expansion of the San
                Francisco Bay or Central Coast AVAs.
                 Additionally, the comment from the petitioner (comment 1) clarified
                that Viano Vineyards is within both the proposed Contra Costa AVA and
                the unmodified Central Coast AVA. The petitioner states that TTB's
                description of Viano Vineyards on page 18476 of the proposed rule
                document made it seem as if the vineyard was not within the unmodified
                boundary of the Central Coast AVA. TTB agrees with the commenter that
                Viano Vineyards is within both the proposed Contra Costa AVA and the
                unmodified Central Coast AVA boundary. Comment 2 also noted that the
                second page of Exhibit I to the petition, which is marked as a list of
                members of the Contra Costa Winegrowers Association, includes persons
                who are members of the Lamorinda AVA association, not the Contra Costa
                Winegrowers Association. Exhibit I is not a TTB document, but TTB notes
                that winegrowers associations may accept members from neighboring
                regions outside of the particular AVA, and that members listed in the
                exhibit may be members of both associations. Because TTB did not
                receive any additional clarification from the petitioner regarding this
                exhibit, TTB is not amending the exhibit in the docket.
                TTB Determination
                 After careful review of the petition and of the comments received
                in response to Notice No. 223, TTB finds that the evidence provided by
                the petitioner supports the establishment of the approximately 167,146-
                acre Contra Costa AVA and the expansion of the boundaries of the San
                Francisco Bay and Central Coast AVAs. 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 ``Contra
                Costa'' AVA in Contra Costa County, California.
                 Furthermore, TTB expands the boundaries of the San Francisco Bay
                and Central Coast AVAs to entirely encompass the Contra Costa AVA,
                after finding that the evidence provided by the petitioner shows that
                the features of the expansion areas described in Notice No. 223 are
                consistent with the features of the established AVAs. These changes are
                effective April 15, 2024.
                Boundary Description
                 See the narrative boundary description of the Contra Costa AVA and
                the expanded boundaries of the San Francisco Bay and Central Coast AVAs
                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 Contra Costa AVA boundary and the
                expanded San Francisco Bay and Central Coast AVA boundaries 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
                [[Page 18800]]
                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 Contra Costa AVA, its name, ``Contra
                Costa,'' 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 ``Contra Costa'' 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 AVA will not affect
                the use of ``Contra Costa County'' as a county appellation of origin on
                wine labels.
                 The establishment of the Contra Costa AVA will allow vintners to
                use ``Contra Costa'' as an AVA appellation of origin for wines made
                primarily from grapes grown within the Contra Costa AVA if the wines
                meet the eligibility requirements for the appellation. The expansion of
                the Central Coast and San Francisco Bay AVAs will also allow vintners
                to use ``Central Coast,'' ``San Francisco Bay,'' or both, as
                appellations of origin for wines made primarily from grapes grown
                anywhere in the Contra Costa AVA if the wines meet the eligibility
                requirements for the appellation.
                 Bottlers who wish to label their wines with ``Contra Costa'' as an
                AVA 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 effective 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, as amended.
                Therefore, no regulatory assessment is required.
                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.
                0
                2. Amend Sec. 9.75 by:
                0
                a. Removing the word ``and'' at the end of paragraph (b)(42);
                0
                b. Removing the ``.'' at the end of paragraph (b)(43) and adding a
                ``;'' in its place;
                0
                c. Adding paragraphs (b)(44) through (55);
                0
                d. Revising paragraphs (c)(4) through (c)(6);
                0
                e. Redesignating paragraphs (c)(7) through (c)(43) as paragraphs
                (c)(23) through (c)(59); and
                0
                f. Adding new paragraphs (c)(7) through (c)(22).
                 The revisions and additions read as follows:
                Sec. 9.75 Central Coast.
                * * * * *
                 (b) * * *
                 (44) Benicia, California, scale 1:24,000, dated 2018;
                 (45) Vine Hill, California, scale 1:24,000, dated 2018;
                 (46) Honker Bay, California, scale 1:24,000, dated 2018;
                 (47) Antioch North, California, scale 1:24,000, dated 2018;
                 (48) Jersey Island, California, scale 1:24,000, dated 2018;
                 (49) Bouldin Island, California, scale 1:24,000, dated 2018;
                 (50) Woodward Island, California, scale 1:24,000, dated 2018;
                 (51) Clifton Court Forebay, California, scale 1:24,000, dated 2018;
                 (52) Byron Hot Springs, California, scale 1:24,000, dated 2018;
                 (53) Tassajara, California, scale 1:24,000, dated 2018;
                 (54) Antioch South, California, scale 1:24,000, dated 2018; and
                 (55) Clayton, California, scale 1:24,000, dated 2018.
                 (c) * * *
                 (4) From this point, the boundary proceeds east along the shoreline
                of Alameda County and Contra Costa County across the Richmond, San
                Quentin, Mare Island, Benicia (2018 edition), Vine Hill (2018 edition),
                Honker Bay (2018 edition), and Antioch North maps and onto the Jersey
                Island map to the intersection of the shoreline with Bethel Island
                Road.
                 (5) Proceed southeast in a straight line 0.7 mile to the
                intersection of Wells Road and Sandmound Road.
                 (6) Proceed northeast in a straight line 2.7 miles, crossing onto
                the Bouldin Island map, to the northernmost point of Holland Tract
                Road.
                 (7) Proceed south 1.9 miles along Holland Tract Road, crossing onto
                the Woodward Island map, to the road's intersection with the 10-foot
                elevation contour.
                 (8) Proceed south-southeast in a straight line 4.1 miles to the
                intersection of Orwood Road and the Mokelumne Aqueduct.
                 (9) Proceed south-southwest 5.5 miles, crossing onto the Clifton
                Court Forebay map, to the stream gauging station on Italian Slough,
                just west of Widdows Island and the shared Contra Costa-San Joaquin
                County line.
                 (10) Proceed due west in a straight line to the western shore of
                Italian Slough, then proceed southwesterly along the shore of Italian
                Slough to its confluence with Brushy Creek.
                 (11) Proceed westerly along Brushy Creek, crossing onto the Byron
                Hot Springs (2018 edition) map and continuing southwesterly along the
                creek to its intersection with Vasco Road.
                 (12) Proceed northwest in a straight line 4.3 miles to the
                intersection of Kellogg Creek and Walnut Boulevard.
                 (13) Proceed west-southwest in a straight line 2.9 miles, crossing
                onto the Tassajara (2018 edition) map, to the intersection of Marsh
                Creek and Miwok Trail.
                 (14) Proceed northwesterly along Marsh Creek 2.4 miles, crossing
                onto the Antioch South map, to the creek's intersection with Deer
                Valley Road.
                [[Page 18801]]
                 (15) Proceed northerly along Deer Valley Road 3.1 miles to its
                intersection with Chadbourne Road.
                 (16) Proceed northwest in a straight line 0.6 mile to the
                southwestern terminus of Tour Way.
                 (17) Proceed northwest in a straight line 3 miles to the
                intersection of Oil Canyon Trail, Stewartville Trail, and Chadbourne
                Road.
                 (18) Proceed northeasterly along the Stewartville Trail 1.9 miles
                to its intersection with the Contra Loma Trail.
                 (19) Proceed northwest in a straight line 2.5 miles to the
                intersection of Somersville Road and Donlan Boulevard.
                 (20) Proceed west-southwest in a straight line 2.5 miles, crossing
                onto the Clayton (2018 edition) map, to the intersection of Nortonville
                Road and Kirker Pass Road.
                 (21) Proceed southwesterly along Kirker Pass Road approximately 2.5
                miles to its intersection with Hess Road.
                 (22) Proceed southeasterly in a straight line to the 3,849-foot
                summit of Mt. Diablo.
                * * * * *
                0
                3. Amend Sec. 9.157 by:
                0
                a. Removing the word ``and'' at the end of paragraph (b)(46);
                0
                b. Removing the ``.'' at the end of paragraph (b)(47) and adding a
                ``;'' in its place;
                0
                c. Adding paragraphs (b)(48) through (b)(58);
                0
                d. Revising paragraphs (c)(22) through (c)(24);
                0
                e. Redesignating paragraphs (c)(25) through (c)(44) as paragraphs
                (c)(40) through (c)(59); and
                0
                f. Adding new paragraphs (c)(25) through (c)(39).
                 The additions and revisions read as follows:
                Sec. 9.157 San Francisco Bay.
                * * * * *
                 (b) * * *
                 (48) Clayton, California, scale 1:24,000, 2018;
                 (49) Antioch South, California, scale 1:24,000, 2018;
                 (50) Tassajara, California, scale 1:24,000, 2018;
                 (51) Byron Hot Springs, California, scale 1:24,000, 2018;
                 (52) Clifton Court Forebay, California, scale 1:24,000, 2018;
                 (53) Woodward Island, California, scale 1:24,000; 2018;
                 (54) Bouldin Island, California, scale 1:24,000, 2018;
                 (55) Jersey Island, California, scale 1:24,000, 2018;
                 (56) Antioch North, California, scale 1:24,000, 2018;
                 (57) Honker Bay, California, scale 1:24,000, 2018; and
                 (58) Vine Hill, California, scale 1:24,000, 2018.
                 (c) * * *
                 (22) Then proceed in a northwesterly direction in a straight line
                to the intersection of Kirker Pass Road and Hess Road on the Clayton
                (2018 edition) map.
                 (23) Proceed northeasterly along Kirker Pass Road to its
                intersection with Nortonville Road.
                 (24) Proceed east-northeast in a straight line for 2.5 miles,
                crossing onto the Antioch South map, to the intersection of Somersville
                Road and Donlan Boulevard.
                 (25) Proceed southeasterly in a straight line for 2.5 miles to the
                intersection of the Stewartville Trail and the Contra Loma Trail.
                 (26) Proceed southwesterly along Stewartville Trail for 1.9 miles
                to the intersection of Oil Canyon Trail, Stewartville Trail, and
                Chadbourne Road.
                 (27) Proceed southeast in a straight line for 3 miles to the
                southern terminus of Tour Way.
                 (28) Proceed southeast in a straight line for 0.6 miles to the
                intersection of Chadbourne Road and Deer Valley Road.
                 (29) Proceed southerly along Deer Valley Road for 3.1 miles to its
                intersection with Marsh Creek.
                 (30) Proceed southeasterly along Marsh Creek for 2.4 miles,
                crossing onto the Tassajara (2018 edition) map, to the creek's
                intersection with Miwok Trail.
                 (31) Proceed north-northeast in a straight line for 2.9 miles,
                crossing onto the Byron Hot Springs (2018 edition) map, to the
                intersection of Kellogg Creek and Walnut Boulevard.
                 (32) Proceed southeast in a straight line for 4.3 miles to the
                intersection of Brushy Creek and Vasco Road.
                 (33) Proceed northeasterly along Brushy Creek, crossing onto the
                Clifton Court Forebay map, to the confluence of Brushy Creek with the
                western shore of Italian Slough to a point due west of the stream
                gauging station on Italian Slough, just west of Widdows Island and the
                shared Contra Costa-San Joaquin County line.
                 (34) Proceed due east to the stream gauging station, then proceed
                northeast for 5.5 miles, crossing onto the Woodward Island map, to the
                intersection of the Mokelumne Aqueduct and Orwood Road.
                 (35) Proceed north-northwest in a straight line for 4.1 miles to
                the intersection of Holland Tract Road and the 10-foot elevation
                contour.
                 (36) Proceed north for 1.9 miles along Holland Tract Road, crossing
                onto the Bouldin Island map, and continuing to the northernmost point
                of Holland Tract Road.
                 (37) Proceed southeast in a straight line for 2.7 miles, crossing
                onto the Jersey Island map, to the intersection of Wells Road and
                Sandmound Road.
                 (38) Proceed northwest in a straight line for 0.7 mile to the
                intersection of Bethel Island Road and the shoreline of Dutch Slough
                Road.
                 (39) Proceed westerly along the shoreline of Dutch Slough and Big
                Break, crossing onto the Antioch North map, and continuing westerly
                along the shoreline of New York Slough, crossing onto the Honker Bay
                (2018 edition) map, and continuing westerly along the shoreline and
                onto the Vine Hill (2018 edition) map to the intersection of the
                shoreline and Interstate 680 at the Benicia-Martinez Bridge.
                * * * * *
                0
                4. Add Sec. 9.291 to read as follows:
                Sec. 9.291 Contra Costa.
                 (a) Name. The name of the viticultural area described in this
                section is ``Contra Costa''. For purposes of part 4 of this chapter,
                ``Contra Costa'' is a term of viticultural significance.
                 (b) Approved maps. The 15 United States Geological Survey (USGS)
                1:24,000 scale topographic maps used to determine the boundary of the
                Contra Costa viticultural area are titled:
                 (1) Antioch North, California, 2018;
                 (2) Antioch South, California, 2018;
                 (3) Benicia, California, 2018;
                 (4) Bouldin Island, California, 2018;
                 (5) Briones Valley, California, 2018;
                 (6) Byron Hot Springs, California, 2018;
                 (7) Clayton, California, 2018;
                 (8) Clifton Court Forebay, California, 2018;
                 (9) Jersey Island, California, 2018;
                 (10) Honker Bay, California, 2018;
                 (11) Tassajara, California, 2018;
                 (12) Vine Hill, California, 2018;
                 (13) Walnut Creek, California, 1995;
                 (14) Walnut Creek, California, 2018; and
                 (15) Woodward Island, California, 2018.
                 (c) Boundary. The Contra Costa viticultural area is located in
                Contra Costa County, California. The boundary of the Contra Costa
                viticultural area is as described as follows:
                 (1) The beginning point is on the Bouldin Island map at the
                northernmost point of Holland Tract Road. From the beginning point,
                proceed south 1.9 miles along Holland Tract Road, crossing onto the
                Woodward Island map, to the intersection of the road with the 10-foot
                elevation contour; then
                [[Page 18802]]
                 (2) Proceed south-southeast in a straight line 4.1 miles to the
                intersection of Orwood Road and the Mokelumne Aqueduct; then
                 (3) Proceed south-southwest in a straight line 5.5 miles, crossing
                onto the Clifton Court Forebay map, to the stream gauging station on
                Italian Slough, just west of the Widdows Island and the shared Contra
                Costa-San Joaquin County line; then
                 (4) Proceed due west in a straight line to the western shore of
                Italian Slough, then proceed southwesterly along the western shore
                Italian Slough to its confluence with Brushy Creek; then
                 (5) Proceed westerly along Brushy Creek, crossing onto the Byron
                Hot Springs map and continuing southwesterly along the creek to its
                intersection with Vasco Road; then
                 (6) Proceed northwest in a straight line 4.3 miles to the
                intersection of Kellogg Creek and Walnut Boulevard; then
                 (7) Proceed west-southwest in a straight line 2.9 miles, crossing
                onto the Tassajara map, to the intersection of Marsh Creek and Miwok
                Trail; then
                 (8) Proceed northwesterly along Marsh Creek 2.4 miles, crossing
                onto the Antioch South map, to the creek's intersection with Deer
                Valley Road; then
                 (9) Proceed northerly along Deer Valley Road 3.1 miles to its
                intersection with Chadbourne Road; then
                 (10) Proceed northwest in a straight line 0.6 mile to the
                southwestern terminus of Tour Way; then
                 (11) Proceed northwest in a straight line 3 miles to the
                intersection of Oil Canyon Trail, Stewartville Trail, and Chadbourne
                Road; then
                 (12) Proceed northeasterly along Stewartville Trail 1.9 miles to
                its intersection with the Contra Loma Trail; then
                 (13) Proceed northwest in a straight line 2.5 miles to the
                intersection of Somersville Road and Donlan Boulevard; then
                 (14) Proceed west-southwest in a straight line 2.5 miles, crossing
                onto the Clayton map, to the intersection of Nortonville Road and
                Kirker Pass Road; then
                 (15) Proceed southwesterly along Kirker Pass Road 5 miles to its
                intersection with Alberta Way; then
                 (16) Proceed southwest in a straight line 1.5 miles to the
                intersection of Buckeye Trail, Blue Oak Trail, and Lime Ridge Trail;
                then
                 (17) Proceed south-southeast in a straight line 2.6 miles to the
                intersection of Arroyo Cerro Del and the 400-foot elevation contour
                just east of North Gate Road; then
                 (18) Proceed northwest in a straight line 2.5 miles, crossing onto
                the Walnut Creek map (2018 edition), to the intersection of Brodia Way
                and La Casa Via; then
                 (19) Proceed west-northwest in a straight line, crossing onto the
                Walnut Creek (1995 edition) map, and continue 3.1 miles on the 1995
                edition map to the marked 781-foot peak south of the shared Lafayette-
                Walnut Creek corporate boundary line and north of an unnamed light-duty
                road known locally as Peaceful Lane; then
                 (20) Proceed northwest in a straight line 1.7 miles to the 833-foot
                peak marked ``Hump 2''; then
                 (21) Proceed north-northwest 0.5 mile to the water tank (known
                locally as the Withers Reservoir) at the end of an unnamed light-duty
                road known locally as Kim Road, in the Ca[ntilde]ada del Hambre y Las
                Bolsas Land Grant; then
                 (22) Proceed northwest in a straight line 3 miles, crossing onto
                the Briones Valley map, to the intersection of Alhambra Creek Road and
                Alhambra Valley Road; then
                 (23) Proceed northwest in a straight line 4.1 miles, crossing onto
                the Benicia map, to the intersection of Highway 4 and Cummings Skyway;
                then
                 (24) Proceed north-northwest in a straight line 1.8 miles to the
                intersection of Carquinez Scenic Drive and an unnamed road known
                locally as Canyon Lake Drive; then
                 (25) Proceed northeasterly in a straight line 0.6 mile to the
                marked post office in Port Costa; then
                 (26) Proceed southeast in a straight line 0.9 mile to the first
                unnamed road that crosses the railroad tracks and intersects with the
                shoreline at Little Bull Valley; then
                 (27) Proceed easterly along the shoreline approximately 38.3 miles,
                crossing over the Vine Hill, Honker Bay, and Antioch North maps and
                onto the Jersey Island map to Bethel Island Road; then
                 (28) Proceed southeast in a straight line 0.7 mile to the
                intersection of Wells Road and Sandmound Boulevard; then
                 (29) Proceed northeast in a straight line 2.7 miles, crossing onto
                the Bouldin Island map and returning to the beginning point.
                 Signed: March 8, 2024.
                Mary G. Ryan,
                Administrator.
                 Approved: March 8, 2024.
                Aviva R. Aron-Dine,
                Acting Assistant Secretary for Tax Policy.
                [FR Doc. 2024-05476 Filed 3-14-24; 8:45 am]
                BILLING CODE 4810-31-P
                

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