[Federal Register: October 7, 2003 (Volume 68, Number 194)]
[Proposed Rules]
[Page 57845-57850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc03-23]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 19]
RIN: 1513-AA59
Proposed Establishment of the Yamhill-Carlton District
Viticultural Area (2002R-216P)
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 proposes to
establish the ``Yamhill-Carlton District'' viticultural area in
northwest Oregon. The proposed area is located within the approved
Willamette Valley viticultural area. We designate viticultural areas to
allow bottlers to better describe the origin of wines and allow
consumers to better identify the wines they may purchase. We invite
comments on this proposed addition to our regulations, particularly
from bottlers who use brand names similar to ``Yamhill-Carlton
District.''
DATES: We must receive written comments on or before December 8, 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, P.O. Box 50221, Washington, DC 20091-0221
(Attn: Notice No. 19);
[sbull] 202-927-8525 (facsimile); [sbull] nprm@ttb.gov (e-mail);
[sbull] http://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
You may view copies of this notice, the petition, the appropriate
maps, and any comments received about this notice by appointment at our
library, 1310 G Street NW., Washington, DC 20202; telephone 202-927-
8210 for an appointment. You may also access copies of the notice and
comments online at http://www.ttb.gov/alcohol/rules/index.htm.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments and for
information on how to request a public hearing.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Specialist, Regulations
and Procedures Division (Oregon), Alcohol and Tobacco Tax and Trade
Bureau, 946 Northwest Circle Blvd., 286, Corvallis, OR 97330;
telephone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Homeland Security Act Impact on Rulemaking
Effective January 24, 2003, the Homeland Security Act of 2003
divided the Bureau of Alcohol, Tobacco and Firearms (ATF) into two new
agencies, the Alcohol and Tobacco Tax and Trade Bureau (TTB) in the
Department of the Treasury and the Bureau of Alcohol, Tobacco, Firearms
and Explosives in the Department of Justice. Regulation of alcohol
beverage labels, 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.
[[Page 57846]]
Background on Viticultural Areas
TTB Authority
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 misleading information on such labels. The FAA Act also
authorizes the Secretary of the Treasury to issue regulations to carry
out the Act's provisions, and the Secretary has delegated this
authority to the Alcohol and Tobacco Tax and Trade Bureau.
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.
Definition
Title 27 CFR 4.25(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 geographic origin.
Requirements
Section 4.25(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 that the proposed viticultural area is locally or
nationally known by the name specified in the petition;
[sbull] Historical or current evidence that the boundaries of the
proposed viticultural area are as specified in the petition;
[sbull] Evidence of growing conditions, such as climate, soils,
elevation, physical features, etc., that distinguish the proposed area
from surrounding areas;
[sbull] A description of the specific boundaries of the proposed
viticultural area, based on features shown on United States Geological
Survey (USGS) maps or USGS-approved maps; and
[sbull] Copies of the appropriate map(s) with the boundaries
prominently marked.
Impact on Current Wine Labels
As appellations of origin, viticultural area names have geographic
significance. Our 27 CFR part 4 label regulations prohibit the use of a
brand name with geographic significance on a wine unless the wine meets
the appellation of origin requirements for the named area. Our
regulations also prohibit any other label references that suggest an
origin other than the true place of origin of the wine.
If we establish this proposed viticultural area, bottlers who use
brand names, including trademarks like Yamhill-Carlton District, must
ensure that their existing products are eligible to use the
viticultural area's name 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, and the wine must meet the other
requirements of 27 CFR 4.25(e)(3). If a wine is not eligible for the
appellation, the bottler must change the brand name or other label
reference and obtain approval of a new label.
Different rules apply to wines in this category that have brand
names traceable to labels approved prior to July 7, 1986. See 27 CFR
4.39(i) for details. In addition, if you use the viticultural area name
on a wine label in a context other than an appellation of origin, the
general prohibitions against misleading representation in 27 CFR part 4
apply.
Yamhill-Carlton District Petition
General Background
We have received a petition from Alex Sokol-Blosser, Secretary of
the North Willamette Valley AVA Group, and Ken Wright, on behalf of the
winegrowers of the proposed Yamhill-Carlton District, proposing a new
viticultural area to be called the ``Yamhill-Carlton District.'' The
proposed viticultural area, which is limited to lands at or above 200
feet in elevation and below 1,000 feet in elevation, is wholly within
Yamhill and Washington Counties and also falls within the approved
boundaries of the Willamette Valley viticultural area in northwest
Oregon. It is located approximately 35 miles southwest of Portland,
Oregon, and 25 miles inland from the Pacific Ocean. It includes a total
of 20,900 acres. However, when the acreage below 200 feet in elevation
and above 1,000 feet in elevation is subtracted, the total acreage
included in the proposed American viticultural area is 8,500 acres. The
petitioner decided to use soil and elevation and, to a lesser extent,
climate, as the primary factors in defining the boundaries of the
proposed area. At the time of this proposal, 26 known vineyards exist
in the proposed American viticultural area, with approximately 650
acres planted to grapes, with more added each year.
The petitioner's proposal is unusual in that the proposed
boundaries encompass land that will not be part of the proposed
viticultural area. Land below 200 feet and above 1,000 feet will be
excluded due to soil and climate differences with land between those
elevations. A precedent does exist for such a viticultural area. Within
the boundaries of the Mendocino Ridge viticultural area, only land at
or above the 1200-foot elevation is included in the viticultural area
(See 27 CFR 9.158 and T.D. ATF-392 at 62 FR 55512, October 27,1997).
However, because of the unusual nature of such boundaries, TTB is
particularly interested in public comments on the proposed Yamhill-
Carlton District boundaries. Specifically, does the evidence regarding
elevation support the exclusion of some of the land lying within the
proposed area's outer boundaries?
Name Evidence
The petitioner indicates the area is locally known as the Yamhill-
Carlton District. The cities of Yamhill and Carlton, Oregon, are 3
miles apart, lie at the center of the proposed viticultural area, and
have had strong ties throughout their histories. Both were incorporated
over 100 years ago and have existed as separate cities since that time.
The hyphenated expression of the cities' names has been used since 1853
with the establishment of the Yamhill-Carlton Pioneer Cemetery. Also,
the Yamhill-Carlton Union High School has existed since the two high
schools merged in 1955 and currently operates under supervision of the
Yamhill-Carlton School District, which was formed in 1996. Further
evidence of the ties between the two communities was a shared
newspaper, the ``Carlton-Yamhill Review.'' The cities of Yamhill and
Carlton, as well as the Yamhill-Carlton Pioneer Cemetery, are found
within the boundaries of the USGS Carlton Quadrangle, 7.5 minute
series, topographic map.
Boundary Evidence
The petitioner submitted evidence that is based primarily on soil
and elevation, and to a lesser extent, climate, as factors in defining
the boundaries of the proposed area, as well as historical information
relating to viticultural activity. The petitioner describes the
proposed Yamhill-Carlton District as a south-facing bowl containing a
series of horseshoe-shaped, eroded hills,
[[Page 57847]]
comprised of sedimentary parent material.
The western boundary of the proposed area is based on the change of
the sedimentary soils from the volcanic soils of the coastal range of
hills. The higher elevations of the coastal hills to the west,
generally ranging from 1,000-2,000 feet, are much cooler than the
proposed area and have proven unsuitable for the production of vinifera
varietals. At the southwestern boundary, the almost purely sedimentary
parent material of the proposed Yamhill-Carlton District changes to a
mix of basalt, slate, and sedimentary material. The southern boundary
transitions to valley floor that contains deep soil comprised of
Willamette silts. The frost-prone nature of this lower elevation area,
combined with its high permeability and fertility, make it unsuitable
for production of quality vinifera grape varieties. Abbey and Kuehne
Roads serve as the eastern border of the proposed area and mark the
change of sedimentary parent material to volcanic soil of the Red Hills
of Dundee, as well as highlight a natural drainage between the two
areas.
Millican Creek drains along this boundary, flowing from north to
south and eventually joining the Yamhill River near the town of
Lafayette. The Chehalem Creek estuary is a vast drainage area that
separates the proposed Yamhill-Carlton District from the Ribbon Ridge
area (a spur of the Chehalem Mountains) to the east. While the two
areas are both based on sedimentary material, the proposed Yamhill-
Carlton District sedimentary soil is generally coarser in texture and
subject to more faulting, uplifts, and erosion than the soils of Ribbon
Ridge.
The Wapato Lake Bed serves as a large, low drainage area on the
northeastern boundary of the proposed Yamhill-Carlton District,
separating it from the Chehalem Mountains. The soils of these two areas
are vastly different in that the proposed Yamhill-Carlton District is
highly eroded sedimentary parent material while the Chehalem Mountains,
which lie across the Wapato Lake Bed, are formed from wind-blown mixed
material and overlying basalt. Finally, the northern border of the
proposed area coincides with the vast low areas of Patton Valley with
predominately wind-blown soil.
Regarding historical evidence, two vineyards can lay claim to being
first planted in the proposed Yamhill-Carlton viticultural area. In
1974, Roy and Betty Wahle planted 8 acres of vinifera grapes comprised
of Pinot Noir, Chardonnay, Riesling, and Gewurztraminer. That same
year, Pat and Joe Campbell planted Elk Cove Vineyards, an 8-acre plot
comprised of Pinot Noir and Chardonnay. The next significant era of
planting occurred between 1989 and 1992. Doe Ridge Vineyard, McCrone
Vineyard, Shea Vineyard, Stag Hollow Vineyard, and Willakenzie Estate
combined to plant a total of 183 acres during this period.
The first commercial wine from the proposed Yamhill-Carlton area
was the 1977 Elk Cove Estate Pinot Noir. As of the date of this
petition, 10 commercial wineries operate within the boundaries of the
proposed area.
Growing Conditions
Distinctive Geographic Features
The petitioner describes the proposed Yamhill-Carlton District
viticultural area as a south-facing bowl consisting of a horseshoe-
shaped series of highly eroded hills comprised of sedimentary parent
material bordered by a high-elevation coastal range to the west, a
cooler maritime-influenced area to the south, and natural lowland
drainage areas to the east and north. The soils contained in the
proposed Yamhill-Carlton District differ from those in surrounding
areas either by basic rock or age of the parent material.
Soil
The petitioner states that the most significant feature that
separates the proposed Yamhill-Carlton District from nearby grape-
growing regions is the predominance of ancient sedimentary soils. He
believes these soils impart distinct and unique characteristics to the
fruit they grow. Wines made from grapes grown in these sedimentary
soils often contain distinct aromatic flavors (coffee, cocoa, anis,
cedar, tobacco) not found in wines made from the same variety of fruit
grown in different soils. Also the wines made from grapes grown in
these sedimentary soils are consistently lower in acidity than wines
made from grapes grown in basaltic or wind-blown soils.
According to ``The Roadside Geology of Oregon'' (David Alt and
Donald W. Hyndman), the soils of the proposed Yamhill-Carlton District,
formed in the Eocene era, were derived from marine sediments and ocean
floor volcanic basalt that have a high water-holding capacity with
moderate to high erosion levels. A map prepared by Alan Campbell of NW
Vineyards on the vineyard soils of Yamhill County shows that the
western hills of the proposed Yamhill-Carlton District are comprised of
two soils groups, Willakenzie on the lower elevation slopes and Peavine
on the upper slopes. Peavine soils dominate the northern section of the
proposed viticultural area, while the eastern slopes are comprised of
Wellsdale and Willakenzie soil series. The petitioner states that the
sedimentary soils of the proposed Yamhill-Carlton District are millions
of years older than the soils in the surrounding areas.
By contrast, the petitioner states that the Eola Hills (south of
the proposed Yamhill-Carlton District), Chehalem Mountains (north and
east of the proposed Yamhill-Carlton District), and Red Hills
(southeast of the proposed Yamhill-Carlton District) are dominated by
volcanic-based soils formed in the Miocene Era. The Eola Hills area has
predominately basalt soil series (Neika, Gelderman, Ritner) that are
characterized by their low water capacity, slow permeability, and
moderate erosion level. The Chehalem Mountains have a combination of
Columbia River basalt, ocean sedimentation, and wind-blown loess
derivation soil types. The Red Hills contain soil mainly derived from
Columbia River basalt lavas (largely based on the Jory series), which
are moderately fertile and well drained, with slight to moderate
erosion levels.
The petition documentation also states the Ribbon Ridge area, which
is immediately east of the proposed district, also contains primarily
sedimentary soils. However, these were formed in the Oligocene Era and
are younger, finer, and more uniform than the sedimentary soils of the
proposed Yamhill-Carlton District.
Elevation
The petitioner defines the proposed Yamhill-Carlton District
viticultural area as lands, within the proposed boundaries, that are at
or above 200 feet in elevation and at or below 1,000 feet in elevation.
The petitioner justifies the bracketed elevation with the following
information. The floor of the proposed region is comprised of fine-
grained soils deposited as a result of the Missoula floods, which
occurred 12,000 years ago. These soils, identified as Willamette silts,
occur at elevations below 200 feet and have greater depth, fertility,
and water-holding capacity than soils of the proposed viticultural
area. The fertility and water-holding capacity of these low soils
extends the vegetative period of the vine and delays the ripening of
vines planted in this area. Further, low elevation areas are also prone
to frost. Conversely, areas within the proposed area with elevations
greater than 1,000 feet are significantly cooler and lack necessary
heat units required to properly ripen
[[Page 57848]]
wine grapes. For these reasons, the proposed Yamhill-Carlton District
viticultural area is limited to lands at or above 200 feet in elevation
and below 1,000 feet in elevation.
Climate
The climate of the proposed Yamhill-Carlton District viticultural
area is distinct from the surrounding areas in a number of ways. The
area is bordered on the west by the Coast Mountains, which have far
fewer degree-days (at 50[deg] F) and are unsuitable for production of
vinifera varietals. According to data obtained from the Oregon Climate
Service, average rainfall for the proposed Yamhill-Carlton District is
42 inches, while the Coast Range receives between 80 and 110 inches per
year. Further, the proposed Yamhill-Carlton District averages 18.3 days
with temperatures above 90[deg] F, while the Coast Range has 2 days.
The petitioner also submitted evidence that the areas immediately
south of the proposed Yamhill-Carlton area are influenced by the
cooling effect of weather systems flowing east from the Pacific Ocean
through the Van Duzer Corridor, a mountain gap in the Coast Range. The
corridor funnels cooling, marine, summer breezes inland toward Salem,
which substantially lowers the average temperature achieved during the
growing season.
However, the petitioner contends this effect quickly moderates as
you move north through the proposed Yamhill-Carlton District from the
Van Duzer Corridor entry into the Willamette Valley near Dallas,
Oregon. For example, the petitioner submitted evidence from the Oregon
Climate Service which demonstrated that the 30 year average rainfall
for Dallas, Oregon (south of the proposed Yamhill-Carlton District) was
49.1 inches compared to 42 inches for the proposed viticultural area.
Further, the Oregon Climate Service data on average temperatures shows
that Dallas, Oregon has 51 fewer degree-days than McMinnville, Oregon
(which is at the southern border of the proposed Yamhill-Carlton
District) and 186 fewer degree-days than Forest Grove, Oregon (which
lies 6 miles north of the proposed viticultural area).
The Patton Valley, a vast low area just north of the proposed
Yamhill-Carlton District, has an annual rainfall average difference of
slightly more than 2 inches when compared with the proposed
viticultural area. However, the 30-year average temperature data from
the Oregon Climate Service shows the area north of Patton Valley to
have 135 more degree-days than the proposed Yamhill-Carlton District.
Boundary Description
See the narrative boundary description of the petitioned
viticultural area in the proposed regulation published at the end of
this notice.
Maps
The petitioner provided the required maps, and we list them in the
proposed regulation.
Public Participation
Comments Sought
We request comments from anyone interested. Please support your
comments with specific information about the proposed area's name,
growing conditions, or boundaries. All comments must include this
notice number and your name and mailing address. They must 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.
Confidentiality
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 public disclosure.
Submitting 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 nprm@ttb.gov.
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/alcohol/rules/index.htm.
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 determine, in light of all circumstances, whether a public hearing
will be held.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments received by appointment in our library at 1310 G
Street NW., Washington, DC 20202. You may also obtain copies at 20
cents per 8.5- x 11-inch page. Contact our librarian at the above
address or telephone 202-927-8210 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. We may omit voluminous attachments or
material that we consider unsuitable for posting. In all cases, the
full comment will be available in our library. To access the online
copy of this notice, visit http://www.ttb.gov/alcohol/rules/index.htm.
Select the ``View Comments'' link under this notice number to view the
posted comments.
Regulatory Analyses and Notices
Paperwork Reduction Act
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.
Regulatory Flexibility Act
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 designated areas. Rather, this system allows us to identify
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 a proprietor's efforts and consumer acceptance of wines from that
area. Therefore, no regulatory flexibility analysis is required.
[[Page 57849]]
Executive Order 12866
This proposed rule is not a ``significant regulatory action'' as
defined by Executive Order 12866. Therefore, no regulatory assessment
is required.
Drafting Information
Bernard J. Kipp of the Regulations and Procedures Division drafted
this notice.
List of Subjects in 27 CFR Part 9
Wine.
Authority and Issuance
For the reasons discussed in the preamble, we propose to amend
title 27, chapter 1, part 9, Code of Federal Regulations, 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. Amend subpart C by adding Sec. 9.-- to read as follows:
Subpart C--Approved American Viticultural Areas
* * * * *
Sec. 9.-- Yamhill-Carlton District
(a) Name. The name of the viticultural area described in this
section is ``Yamhill-Carlton District'.
(b) Approved Maps. The appropriate maps for determining the
boundary of the Yamhill-Carlton District viticultural area are eight
1:24,000 scale, United States Geological Survey, 7.5 Minute Series,
topographic maps. They are titled:
(1) Gaston Quadrangle, Oregon, 1956, revised 1993;
(2) Turner Creek Quadrangle, Oregon, 1979;
(3) Fairdale Quadrangle, Oregon--Yamhill Co., 1979;
(4) Muddy Valley Quadrangle, Oregon--Yamhill Co., 1979, revised 1992;
(5) McMinnville Quadrangle, Oregon--Yamhill Co, 1957, revised 1992;
(6) Carlton Quadrangle, Oregon--Yamhill Co., 1957, revised 1992;
(7) Dundee Quadrangle, Oregon, 1956, revised 1993; and
(8) Laurelwood Quadrangle, Oregon, 1956, revised 1992.
(c) Boundary. The Yamhill-Carlton District viticultural area, which is
limited to lands at or above 200 feet in elevation and below 1,000 feet
in elevation, is located entirely in Yamhill and Washington Counties,
Oregon, and also falls within the approved boundaries of the Willamette
Valley viticultural area in northwest Oregon.
(1) The point of beginning is the intersection of State highway 47
and Gaston Road, which lies within the Gaston Quadrangle. From the
point of beginning:
(2) Follow Gaston Road in a westerly direction approximately 0.10
mile to the intersection with the 200-foot elevation line;
(3) Follow the 200-foot elevation line in a westerly direction
approximately 1.86 miles to a point at which the 200-foot elevation
line crosses South Road for the fourth and final time;
(4) Follow South Road in a generally westerly direction
approximately 1.90 miles to its second intersection with the Washington
County/Yamhill County line. This point is 250 feet southeast of the
first intersection of South and Mt. Richmond Roads;
(5) Follow the Washington County/Yamhill County line in a westerly
direction approximately 2.12 miles to the western boundary of the
Gaston Quadrangle/eastern boundary of the Turner Creek Quadrangle;
(6) From the eastern boundary of the Turner Creek Quadrangle,
follow the Washington County/Yamhill County line in a westerly
direction approximately 1.6 miles to the intersection of the County
line and the 1,000-foot elevation line;
(7) Follow the 1,000-foot elevation line in a generally
southeasterly, then generally westerly direction approximately 4.25
miles to the intersection of the 1,000-foot line and the Universal
Transverse Mercator (UTM) line 4-77-000mE,
(8) Follow the UTM line 4-77-000mE due south approximately 2.98
miles to the intersection of the UTM line 4-77-000mE and the southern
boundary of the Turner Creek Quadrangle/northern boundary of the
Fairdale Quadrangle;
(9) Follow UTM line 4-77-000mE due south from the northern boundary
of the Fairdale Quadrangle approximately 8.62 miles to the southern
boundary of the Fairdale Quadrangle/northern boundary of the Muddy
Valley Quadrangle;
(10) Follow UTM line 4-77-000mE due south from the northern
boundary of the Muddy Valley Quadrangle approximately 1.51 miles to the
intersection of UTM line 4-77-000mE and Baker Creek Road;
(11) Follow Baker Creek Road in a generally easterly direction
approximately 0.76 miles to the intersection of Baker Creek Road and
the 200-foot elevation line;
(12) Follow the 200-foot elevation line until it intersects the
eastern boundary of the Muddy Valley Quadrangle/western boundary of the
McMinnville Quadrangle;
(13) From the western boundary of the McMinnville Quadrangle
continue to follow the same 200-foot elevation line in an easterly/
northeasterly direction approximately 3.03 miles to the intersection of
the 200-foot elevation line and northern boundary of the McMinnville
Quadrangle/southern boundary of the Carlton Quadrangle;
(14) From the southern boundary of the Carlton Quadrangle, continue
to follow the same 200-foot line in a generally northwesterly direction
approximately 6.2 miles to the intersection of the 200-foot elevation
line and the western boundary of the Carlton Quadrangle/eastern
boundary of the Fairdale Quadrangle;
(15) From the eastern boundary of the Fairdale Quadrangle, continue
to follow the same 200-foot elevation line in a generally westerly
direction approximately 3.3 miles to the intersection of the 200-foot
elevation line and the UTM line 4-77-000mE;
(16) Follow UTM line 44-77-000mE due north approximately 0.13 miles
to the intersection of the UTM line 4-77-000mE and the same 200-foot
elevation line;
(17) Follow the same 200-foot elevation line in a generally
easterly direction on the north side of Panther Creek drainage
approximately 5.04 miles to the intersection of the 200-foot line and
the eastern boundary of the Fairdale Quadrangle/western boundary of the
Carlton Quadrangle;
(18) Follow the same 200-foot elevation line in a generally
easterly, then generally northerly direction approximately 21.61 miles
to the upper northwest corner of the Carlton Quadrangle where the 200-
foot elevation line intersects the western boundary of the Carlton
Quadrangle/eastern boundary of the Fairdale Quadrangle;
(19) From the eastern boundary of the Fairdale Quadrangle, continue
to follow the same 200-foot elevation line in a generally
northwesterly, then easterly direction for approximately 0.23 miles to
the intersection of the 200-foot elevation line and the eastern
boundary of the Fairdale Quadrangle/western boundary of the Carlton
Quadrangle;
(20) From the western boundary of the Carlton Quadrangle, continue
to follow the same 200-foot elevation line in a generally easterly,
then circular path approximately 0.45 miles back to the western
boundary of the Carlton Quadrangle/eastern boundary of the Fairdale
Quadrangle;
(21) From the eastern boundary of the Fairdale Quadrangle, continue
to follow
[[Page 57850]]
the same 200-foot elevation line in a generally westerly direction
south of the North Yamhill River and then in a generally easterly
direction north of the North Yamhill River approximately 1.04 miles to
the intersection of the 200-foot elevation line and the eastern
boundary of the Fairdale Quadrangle/western boundary of the Carlton
Quadrangle;
(22) From the western boundary of the Carlton Quadrangle, continue
to follow the same 200-foot elevation line in a generally southeasterly
direction approximately 39.26 miles to the intersection of the 200-foot
elevation line and the eastern boundary of the Carlton Quadrangle/
western boundary of the Dundee Quadrangle;
(23) From the western boundary of the Dundee Quadrangle, continue
to follow the same 200-foot elevation line in a generally
southeasterly, then southwesterly direction approximately 1.1 miles to
the intersection of the 200-foot elevation line and the western
boundary of the Dundee Quadrangle/eastern boundary of the Carlton
Quadrangle;
(24) From the eastern boundary of the Carlton Quadrangle, continue
to follow the same 200-foot line in a generally southerly direction
approximately 2.55 miles to the intersection of the 200-foot line and
the eastern boundary of the Carlton Quadrangle/western boundary of the
Dundee Quadrangle;
(25) From the western boundary of the Dundee Quadrangle, continue
to follow the same 200-foot elevation line in a generally northeasterly
direction approximately 2.65 miles to the intersection of the 200-foot
elevation line and Abbey Road;
(26) Follow Abbey Road in a generally northerly direction
approximately 1.7 miles to the intersection of Abbey and Kuehne Roads;
(27) Follow Kuehne Road in a generally northeasterly, then
northerly direction approximately 1.85 miles to the intersection of
Kuehne Road and State highway 240;
(28) Follow State highway 240 in an easterly direction
approximately 0.19 miles to the intersection of State highway 240 and
the 200-foot elevation line;
(29) Follow the 200-foot elevation line in a generally northerly
direction along the west side of the Chehalem Creek approximately 4.52
miles to the intersection of the 200-foot elevation line and the
northern boundary of the Dundee Quadrangle/southern boundary of the
Laurelwood Quadrangle;
(30) From the southern boundary of the Laurelwood Quadrangle,
continue to follow the same 200-foot elevation line in a short loop,
approximately 0.42 miles, back to the southern boundary of the
Laurelwood Quadrangle/northern boundary of the Dundee Quadrangle;
(31) From the northern boundary of the Dundee Quadrangle, continue
to follow the same 200-foot elevation line in a generally southerly,
then northerly direction approximately 0.57 miles to the intersection
of the 200-foot elevation line and the northern boundary of the Dundee
Quadrangle/southern boundary of the Laurelwood Quadrangle;
(32) From the southern boundary of the Laurelwood Quadrangle,
continue to follow the same 200-foot elevation line in a generally
northwesterly direction approximately 3.5 miles to the intersection of
the 200-foot elevation line and the western boundary of the Laurelwood
Quadrangle/eastern boundary of the Gaston Quadrangle;
(33) From the eastern boundary of the Gaston Quadrangle, continue
to follow the same 200-foot elevation line in a generally westerly,
then northeasterly direction approximately 0.52 miles to the
intersection of the 200-foot elevation line and the eastern boundary of
the Gaston Quadrangle/western boundary of the Laurelwood Quadrangle;
(34) From the western boundary of the Laurelwood Quadrangle,
continue to follow the same 200-foot elevation line in a generally
northerly direction approximately 0.96 miles to the intersection of the
200-foot elevation line and the western boundary of the Laurelwood
Quadrangle/eastern boundary of the Gaston Quadrangle; and
(35) From the eastern boundary of the Gaston Quadrangle, continue
to follow the same 200-foot elevation line in a generally northwesterly
direction approximately 4.55 miles to the intersection of the 200-foot
elevation line and the point of beginning.
Signed: September 17, 2003.
Arthur J. Libertucci,
Administrator.
[FR Doc. 03-25373 Filed 10-6-03; 8:45 am]
BILLING CODE 4810-31-P