Proposed Establishment of the Tehachapi Mountains Viticultural Area
| Published date | 26 June 2020 |
| Citation | 85 FR 38345 |
| Record Number | 2020-13138 |
| Section | Proposed rules |
| Court | Alcohol And Tobacco Tax And Trade Bureau,Treasury Department |
Federal Register, Volume 85 Issue 124 (Friday, June 26, 2020)
[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Proposed Rules]
[Pages 38345-38350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13138]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0006; Notice No. 191]
RIN 1513-AC69
Proposed Establishment of the Tehachapi Mountains Viticultural
Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 58,000-acre ``Tehachapi Mountains''
viticultural area in Kern County, California. The proposed viticultural
area is not located within, nor does it contain, any established
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. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by August 25, 2020.
ADDRESSES: You may electronically submit comments to TTB on this
proposal, and view copies of this document, its supporting materials,
and any comments TTB receives on it within Docket No. TTB-2020-0006 as
posted on Regulations.gov (https://www.regulations.gov), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of
this document below for full details on how to comment on this proposal
via Regulations.gov, U.S. mail, or hand delivery, and for full details
on how to view or obtain copies of this document, its supporting
materials, and any comments related to this proposal.
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 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 a name and a delineated boundary, as
established 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 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 provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
the standards for petitions for the establishment or modification of
AVAs. Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally
[[Page 38346]]
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;
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.
Tehachapi Mountains Petition
TTB received a petition from Julie Bell of Per la Vita, LLC, on
behalf of local vineyard owners and winemakers, proposing the
establishment of the ``Tehachapi Mountains'' AVA. The proposed
Tehachapi Mountains AVA is located in Kern County, California, and is
not within any established AVA. The proposed Tehachapi Mountains AVA
contains approximately 58,000 acres and has 6 commercially-producing
vineyards covering a total of 25 acres, as well as 1 winery.
According to the petition, the distinguishing features of the
proposed Tehachapi Mountains AVA include its topography and climate.
Unless otherwise noted, all information and data pertaining to the
proposed AVA contained in this document are from the petition for the
proposed Tehachapi Mountains AVA and its supporting exhibits.
Name Evidence
The proposed Tehachapi Mountains AVA takes its name from a pass
within the Tehachapi Mountains range, which partly lie within the
proposed AVA. The Tehachapi Mountains are a smaller range of mountains
within the Sierra Nevada Mountains. The petitioner states the
``Tehachapi'' name is unique to the area within the boundaries of the
proposed AVA. Further, while the origin of ``Tehachapi'' is unknown,
the petitioner notes nineteenth century texts show ``Tehachapi'' may
derive from a Native American name for the pass within the Tehachapi
Mountains and a creek draining from this pass. The petitioner
originally proposed the name ``Tehachapi,'' which is the name of a town
within the proposed AVA, but later requested changing the name to
``Tehachapi Mountains'' to avoid a potential conflict with label
holders using the name ``Tehachapi'' or the grape varietal ``Tehachapi
Clone'' on their labels. Although there is a peak in the range called
``Tehachapi Mountain,'' the petitioner chose to the name the proposed
AVA after the entire range because while parts of the range are within
AVA, the peak called ``Tehachapi Mountain'' is not within the proposed
AVA.
The petition provided examples of the use of the words
``Tehachapi,'' ``Tehachapi Mountain,'' and ``Tehachapi Mountains'' to
describe the region of the proposed AVA. The Tehachapi Mountains are
clearly labeled on the USGS 30 x 60 minute series map titled
``Tehachapi, CA,'' as shown in Supplemental Exhibit B to the petition.
The Tehachapi Mountains Birding Club is described as ``the only club
dedicated to local wildlife within the Tehachapi Mountains.'' \1\ The
city of Tehachapi, which is within the proposed AVA, celebrates the
Tehachapi Mountain Festival each year. The geologic feature called the
Tehachapi Pass is located within the proposed AVA and provides passage
through the mountain range. The California Department of
Transportation's project to improve rail lines within the region of the
proposed AVA is called the Tehachapi Rail Improvement Project.
Tehachapi Boulevard is a major road running through the proposed AVA.
Finally, the proposed AVA is served by the Tehachapi Valley Healthcare
District, the Tehachapi Unified School District, and the Tehachapi
Municipal Airport.
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\1\ http://www.tehachapinews.com/lifestyle/jon-hammond-teaching-the-public-about-birds-and-nature/article_9d41d885-8528-5bba-8def-2f6b08809356.html.
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Boundary Evidence
The proposed Tehachapi Mountains AVA roughly extends from the
summit of Tehachapi Pass to the Tehachapi Valley, which includes the
city of Tehachapi. The proposed boundary was drawn to separate the
proposed AVA from the higher elevations farther within the Sierra
Nevada Mountains range and from the lower elevations of the Mojave
Desert and the San Joaquin Valley. The northern and southern boundaries
follow a series of elevation contours and straight lines drawn between
elevation contours that range from 4,200 to 5,400 feet in order to
separate the proposed AVA from the higher elevations of the Piute
Mountains (to the north) and the Tehachapi Mountains (to the south)
that are inhospitable to grape growing. The eastern boundary follows a
series of roads to separate the proposed AVA from the lower elevations
and warmer climate of the Mojave Desert. The western boundary generally
follows the 3,600-foot elevation contour to separate the proposed AVA
from the lower, warmer region of the San Joaquin Valley.
Distinguishing Features
The distinguishing features of the proposed Tehachapi Mountains AVA
are its topography and climate.
Topography
The proposed Tehachapi Mountains AVA is situated at the summit of
the southernmost pass in the Sierra Nevada mountain range. The petition
describes the proposed AVA as a broad, saddle-shaped region of mountain
foot slopes, high valleys, and rolling hills. The proposed AVA has an
east-west orientation, and the terrain at the east and west ends of the
``saddle'' rise to rugged hills before sharply falling away to lower
elevations. However, these hills are not high enough to prevent warm
air from the neighboring San Joaquin Valley and Mojave Desert from
entering the proposed AVA. Slope angles within the proposed Tehachapi
Mountains AVA average between 3 and 11 degrees. Elevations are between
3,600 and 5,400 feet, with the majority of the area situated between
3,800 and 4,600 feet.
To the north of the proposed AVA are the steep, high, rugged slopes
of the Piute Mountains. Slope angles in this region rise to over 30
degrees, and the mountain summits reach over 6,000 feet, with nearby
Bear Mountain reaching 6,913 feet. To the east, the land falls away at
slope angles over 30 degrees until it reaches the relatively flat
valley floor of the Mojave Desert. Elevations to the east of the
proposed AVA average 2,600 feet. To the south of the proposed AVA,
slope angles are also over 30 degrees as the land rises to the summits
of the Tehachapi Mountains, with elevations rising over 7,700 feet at
the peak of Cummings Mountain. West of the proposed AVA, the terrain
drops sharply at angles over 30 degrees to elevations below 500 feet
near the city of Bakersfield in the San Joaquin Valley.
The topography of the proposed AVA has an effect on viticulture.
According to the petition, the proposed Tehachapi Mountains AVA's
location in a mountain pass allows for successful viticulture, even at
high altitudes. The petition notes that wine grapes are generally grown
below 3,000 feet within the United States and around the world, due to
colder temperatures at higher elevations. However, prevailing west
winds from the San Joaquin Valley and
[[Page 38347]]
east winds off the Mojave Desert allow temperatures to be sufficiently
warm within the proposed AVA for grapes to be grown at elevations over
4,000 feet. Also within the proposed AVA, gentle slope angles reduce
the risk of erosion and allow cold air to drain away from vineyards.
Finally, the petition notes that the intensity of sunlight, especially
in the short ultraviolet wavelengths, increases with altitude. As a
result, grapes growing at high altitudes within the proposed AVA are
exposed to higher intensity ultraviolet light, which stimulates
synthesis of phenolic molecules. These molecules allow grapes to
develop deep colors and thick skins, which leads to more concentrated,
tannic wines.
Climate
The petition states that the altitude at which wine grapes can be
grown successfully is limited by events that can permanently damage or
kill vines, such as spring and fall frost events and low winter
temperatures. Vitis vinifera grapevines suffer permanent damage at
temperatures below about 0 to -5 degrees Fahrenheit (F). The petition
states that typical winter lows within the proposed Tehachapi Mountains
AVA range from 35 to 26 degrees F. Further, the petitioner provided
data from 2007 through 2016 showing that there was only one year where
the minimum temperature within the proposed AVA dropped below 10
degrees F, and that for five other years the minimum temperature within
the proposed AVA was 15 degrees F or more. However, the petition states
that the number of hours per day spent at the maximum daily temperature
is typically longer than the number of hours spent at the minimum daily
temperature, as warmer winds from the Mojave Desert and San Joaquin
Valley increase after dawn. As a result, vineyards in the proposed AVA
have been able to fully ripen late season varietals such as zinfandel,
syrah, and cabernet sauvignon.
The petition included the following climate data from within the
proposed AVA and locations to the west, east, north-northeast, and
north-northwest of the proposed AVA. The data was collected between
2007 and 2016. Data was not available from stations due north, or to
the south, of the proposed AVA.
Table--Average Climate Data
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Lowest Highest Average
minimum maximum length of Average growing
Weather station location Elevation (in temperature temperature growing degree day
(direction from proposed AVA) feet) (degrees (degrees season (days) accumulations \3\
Fahrenheit) Fahrenheit) \2\
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Tehachapi (within)........... 4,220 8 101 198 2,762
Bakersfield Airport (west)... 489 25 112 349 5,521
Edwards Air Force Base (East) 2,283 3 128 231 4,881
Walker Pass (north-northeast) 5,572 10 106 216 3,834
Five Mile (north-northeast).. 4,150 18 109 318 5,522
Johnsondale (north-northwest) 4,700 -5 104 139 2,149
Hot Springs (north-northwest) 3,720 15 109 245 3,529
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The proposed Tehachapi Mountains AVA has cooler temperatures, a
shorter growing season, and fewer growing degree days than the
Bakersfield location to the west, the Edwards Air Force Base location
to the east, the Hot Springs station to the north-northwest, and the
Five Mile station to the north-northeast. This is to be expected, since
the proposed AVA is at higher elevations than all four of these
locations. The proposed AVA has warmer temperatures, a longer growing
season, and more growing degree days than the Johnsondale location to
the north-northwest, which is at higher elevations and is also more
sheltered from the warm air of both the San Joaquin Valley and the
Mojave Desert.
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\2\ Base 30 degrees F.
\3\ See Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd ed. 1974), pages 61-64. 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.
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The petition states, however, that elevation alone does not explain
the differences in temperature and growing degree day accumulations.
Proximity to warm air from the Mojave Desert and, to a lesser extent,
the San Joaquin Valley plays an important role. For example, the
petition states that temperature generally falls as elevation rises. As
the Walker Pass weather station, to the north-northeast of the AVA, is
at significantly higher elevations than the proposed AVA, it should
therefore have lower average temperatures than the proposed AVA, which
would generally lead to a shorter growing season and fewer growing
degree accumulations than the proposed AVA. However, because the Walker
Pass station is on the eastern flank of a mountain range and is
directly exposed to warm air rising from the Mojave Desert, it has
warmer temperatures, a longer growing season, and greater growing
degree accumulations than the proposed AVA.
According to the petition, the proposed Tehachapi Mountains AVA's
proximity to the San Joaquin Valley and Mojave Desert affects
viticulture. Winter temperatures are well above vine-killing
temperatures, and the growing season length and growing degree day
accumulations are sufficient to ripen late season varietals.
Summary of Distinguishing Features
In summary, the topography and climate of the proposed Tehachapi
Mountains AVA distinguish it from the surrounding regions. The proposed
AVA has lower elevations than the regions to the north and south, and
higher elevations than the regions to the east and west. The proposed
AVA has gentler slope angles than are found in each of the surrounding
regions. The proposed AVA has warmer temperatures and a longer growing
season than a higher, more isolated region to the north-northwest, and
lower temperatures and a shorter growing season than lower-elevation
regions to the east, west, north-northeast, and a region in the north-
northwest. The proposed AVA is cooler and has a shorter growing season
than Walker Pass to the north-northeast, which is at higher elevations
but is more directly exposed to warm winds from the Mojave Desert.
[[Page 38348]]
TTB Determination
TTB concludes that the petition to establish the 58,000-acre
Tehachapi Mountains AVA merits consideration and public comment, as
invited in this notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Tehachapi Mountains AVA boundary 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, 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 Sec. 4.25(e)(3) of the TTB regulations (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 Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Tehachapi
Mountains,'' 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 proposed regulation clarifies this point. Consequently,
wine bottlers using the name ``Tehachapi Mountains'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, would have to ensure that the product is eligible to use
the AVA name as an appellation of origin if this proposed rule is
adopted as a final rule.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. TTB is also interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils, and other required information submitted in support of
the petition. Please provide any available specific information in
support of your comments.
Because of the potential impact of the establishment of the
proposed Tehachapi Mountains AVA on wine labels that include the term
``Tehachapi Mountains'' as discussed above under Impact on Current Wine
Labels, TTB is particularly interested in comments regarding whether
there will be a conflict between the proposed AVA name and currently
used brand names. If a commenter believes that a conflict will arise,
the comment should describe the nature of that conflict, including any
anticipated negative economic impact that approval of the proposed AVA
will have on an existing viticultural enterprise. TTB is also
interested in receiving suggestions for ways to avoid conflicts, for
example, by adopting a modified or different name for the AVA.
Submitting Comments
You may submit comments on this notice by using one of the
following methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2020-
0006 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 191 on the TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 191 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2020-0006 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 191. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also obtain copies of this proposed rule, all related
petitions, maps and other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal at 20 cents per
8.5- x 11-inch page. Please note that TTB is unable to provide copies
of USGS maps or any similarly-sized documents that may be included as
part of the AVA petition. Contact TTB's Regulations and Rulings
Division
[[Page 38349]]
by email using the web form at https://www.ttb.gov/contact-rrd, or by
telephone at 202-453-1039, ext. 175, to request copies of comments or
other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed 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 notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
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. Subpart C is amended by adding Sec. 9.__ to read as follows:
Sec. 9.__ Tehachapi Mountains.
(a) Name. The name of the viticultural area described in this
section is ``Tehachapi Mountains''. For purposes of part 4 of this
chapter, ``Tehachapi Mountains'' is a term of viticultural
significance.
(b) Approved maps. The 8 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Tehachapi Mountains viticultural area are titled:
(1) Bear Mountain, CA, 2015;
(2) Keene, CA, 2015;
(3) Cummings Mountain, CA, 2015;
(4) Tehachapi North, CA, 2015;
(5) Tehachapi NE, CA, 2015;
(6) Monolith, CA, 2015;
(7) Tehachapi South, CA, 2015; and
(8) Tejon Ranch, CA, 2015.
(c) Boundary. The Tehachapi Mountains viticultural area is located
in Kern County, California. The boundary of the Tehachapi Mountains
viticultural area is as described below:
(1) The beginning point is on the Bear Mountain map at the
intersection of the 4,800-foot elevation contour and an unnamed road
known locally as Skyline Drive. From the beginning point, proceed
easterly along the 4,800-foot elevation contour, crossing onto the
Keene map, to the intersection of the 4,800-foot elevation contour and
Horizon Court; then
(2) Proceed south along Horizon Court to its intersection with the
4,600-foot elevation contour; then
(3) Proceed east, then north along the meandering 4,600-foot
elevation contour to its intersection with Shenandoah Place; then
(4) Proceed southeast in a straight line to the 4,400-foot
elevation contour south of an unnamed road known locally as Big Sky
Court; then
(5) Proceed east, then north along the meandering 4,400-foot
elevation contour to its intersection with Bear Valley Road; then
(6) Proceed east in a straight line to the 4,600-foot elevation
contour; then
(7) Proceed southeasterly along the 4,600-foot elevation contour,
crossing onto the Cummings Mountain map and continuing southeasterly,
then northerly along the 4,600-foot elevation contour, crossing back
onto the Keene map, and continuing northerly along the 4,600-foot
elevation contour to a point due west of the intersection of Marcel
Drive and an unnamed road known locally as Woodford-Tehachapi Road;
then
(8) Proceed east in a straight line to the intersection of
Woodford-Tehachapi Road and Marcel Drive; then
(9) Proceed east in a straight line, crossing onto the Tehachapi
North map and crossing Tehachapi Creek, to the 4,400-foot elevation
contour northeast of the community of Cable, California; then
(10) Proceed easterly along the 4,400-foot elevation contour,
crossing onto the Tehachapi NE map, and continuing southeasterly along
the 4,400-foot elevation contour to a point due west of the terminus of
Zephyr Court; then
(11) Proceed east in a straight line to the terminus of Zephyr
Court; then
(12) Proceed east in a straight line to Sand Canyon Road; then
(13) Proceed south along Sand Canyon Road, crossing onto the
Monolith map, to its intersection with East Tehachapi Boulevard; then
(14) Proceed southwesterly in a straight line, crossing the
railroad tracks and State Route 58, to the 4,200-foot elevation
contour; then
(15) Proceed westerly along the 4,200-foot elevation contour to its
intersection with an unnamed intermittent creek; then
(16) Proceed southwest in a straight line to the 4,400-foot
elevation contour; then
(17) Proceed west along the 4,400-foot elevation contour, crossing
onto the Tehachapi South map, to its intersection with Tehachapi-Willow
Springs Road; then
(18) Proceed south along Tehachapi-Willow Springs Road to its
intersection with the 4,520-foot elevation contour; then
(19) Proceed west in a straight line to the intersection of the
4,840-foot elevation contour and Snowshoe Lane; then
(20) Proceed north in a straight line to the 4,800-foot elevation
contour; then
(21) Proceed westerly along the 4,800-foot elevation contour,
crossing onto the Cummings Mountain map and over two unnamed
intermittent streams, and continuing to the intersection of the 4,800-
foot elevation contour and a third unnamed intermittent stream; then
(22) Proceed south in a straight line to the 5,200-foot elevation
contour; then
(23) Proceed southerly along the 5,200-foot elevation contour to a
point northeast of the southern terminus of Arosa Road; then
(24) Proceed east in a straight line, crossing onto the Tehachapi
South map and over an unnamed road known locally as Water Canyon Road,
to the 5,400-foot elevation contour; then
(25) Proceed southeasterly, then south, then southwesterly along
the 5,400-foot elevation contour, crossing onto the Cummings Mountain
map and continuing to the intersection of the 5,400-foot elevation
contour with an unnamed road known locally as Matterhorn Drive; then
(26) Proceed west in a straight line, crossing Mountain Climber
Way, to the 4,600-foot elevation contour; then
(27) Proceed westerly along the 4,600-foot elevation contour to its
intersection with High Gun Drive; then
(28) Proceed south in a straight line to the second intersection of
the line with the 5,000-foot elevation contour; then
(29) Proceed west in a straight line, crossing onto the Tejon Ranch
map, to the line's intersection with an unnamed 4-wheel drive road;
then
[[Page 38350]]
(30) Proceed northwesterly along the 4-wheel drive road to its
intersection with the southern terminus of an unnamed road known
locally as Carlisle Drive; then
(31) Proceed southwesterly in a straight line to an unmarked 4,680-
foot summit; then
(32) Proceed north in a straight line to the 3,640-foot elevation
contour; then
(33) Proceed west in a straight line to the 3,600-foot elevation
contour; then
(34) Proceed west, then northwesterly along the 3,600-foot
elevation contour to its intersection with an unnamed intermittent
stream northwest of Jack Springs Road; then
(35) Proceed northeast in a straight line, crossing onto the Bear
Mountain map, and continuing to the intersection of the 4,800-foot
elevation contour and an unnamed intermittent creek west of Rockspring
Court; then
(36) Proceed north along the 4,800-foot elevation to a point due
west of the intersection of the 4,800-foot point and an unnamed road
known locally as Skyline Drive; then
(37) Proceed east in a straight line to the beginning point.
Signed: March 16, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: June 9, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-13138 Filed 6-25-20; 8:45 am]
BILLING CODE 4810-31-P
