[Federal Register: July 1, 2005 (Volume 70, Number 126)]
[Rules and Regulations]
[Page 38004-38009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy05-7]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-28; Re: Notice No. 27]
RIN 1513-AA91
Establishment of the Horse Heaven Hills Viticultural Area (2002R-
103P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the 570,000-acre Horse
Heaven Hills viticultural area in south-central Washington State.
Located along the Columbia River in portions of Klickitat, Yakima, and
Benton counties, the Horse Heaven Hills area is about 115 miles east of
Vancouver, Washington, and lies entirely within the established
Columbia Valley viticultural area. We designate 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: Effective Date: August 1, 2005.
FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Regulations and
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 158, Petaluma, California 94952; telephone 415-271-
1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide the consumer with adequate information regarding a product's
identity and prohibits the use of misleading information on such
labels. The FAA Act also authorizes the Secretary of the Treasury to
issue regulations to carry out its provisions. The Alcohol and Tobacco
Tax and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and 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) contains
the list of approved viticultural areas.
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 distinguishable by geographical features, the boundaries
of which have been recognized and defined 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 its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area 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 outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Horse Heaven Hills Petition and Rulemaking
Background
TTB received a petition proposing the establishment of the Horse
Heaven Hills
[[Page 38005]]
viticultural area in south-central Washington State from Paul D. Lucas,
who filed the petition on behalf of wine grape growers within the area.
Located in the portions of Klickitat, Yakima, and Benton counties north
and west of the Columbia River and south of the Yakima Valley, the
proposed Horse Heaven Hills viticultural area is about 115 miles east
of Vancouver, Washington. At about 60 miles long and 22 miles wide, the
Horse Heaven Hills viticultural area covers some 570,000 acres, of
which about 6,040 acres are planted to grapes.
The large, existing Columbia Valley viticultural area (27 CFR 9.74)
encompasses the proposed Horse Heaven Hills viticultural area, as well
as the existing Yakima Valley (27 CFR 9.69), the Walla Walla Valley (27
CFR 9.91), and the Red Mountain (27 CFR 9.167) viticultural areas. The
Horse Heaven Hills area lies southeast of the Yakima Valley area, south
of Red Mountain area, and about 30 miles west of the Walla Walla Valley
area, which is on the east, or opposite, side of the Columbia River.
The proposed Horse Heaven Hills viticultural area consists
predominantly of open, dry plains and hills. The viticultural area
includes a series of south-facing slopes and has dozens of drainages
running in a spoke pattern from north to south and into the Columbia
River. The strong winds that blow through the Columbia River Valley are
the unique and distinctive feature of the Horse Heaven Hills area and
directly affect the area's viticulture.
Below, we summarize the evidence presented in the petition.
Name Evidence
The range of hills in south-central Washington State in which the
proposed Horse Heaven Hills viticultural area is located has been
referred to by that name since 1857. The books ``Benton County Place
Names'' and ``Prosser--The Home County,'' explain that cattleman James
Kinney named the hills that year while camping near Kiona, Washington.
Kinney awoke to find that his animals had wandered up a mountainside
and into an upland plain where they were dining on succulent bunch
grass. According to the books, he commented to himself, ``Surely this
is Horse Heaven.''
The first official use of the name Horse Heaven in conjunction with
this area dates to 1884 with the founding of the Horse Heaven School,
according to an untitled history of the region. This history also notes
that the Horse Heaven Cemetery started in the garden of William Dennis,
a local resident killed in an 1892 harvest accident. Local newspapers,
such as the Prosser Falls American (circa 1893), often referenced the
Horse Heaven Hills name, as did books written about the area such as
``Against Odds, A Personal Narrative of Life in Horse Heaven'' (K.
Elizabeth Sihler, Concordia Publishing House, St. Louis, Missouri,
1917). More recently, the Yakima-Herald published an online wine
article in 2001 that mentions the Horse Heaven Ranch.
Today, the hills are still officially and popularly called the
``Horse Heaven Hills'' and have survived attempts to change the
region's name to Benton Slope or Columbia Plains. For example, the
United States Geological Survey (USGS) maps, as well as official State
maps and atlases, consistently label this region as the ``Horse Heaven
Hills.'' The American Automobile Association map for the States of
Oregon and Washington, published February 2003, also identifies the
region in which the proposed viticultural area lies as the ``Horse
Heaven Hills.''
Viticultural History
Growers have raised grapes in the Horse Heaven Hills region since
1972, when Don Mercer planted a 5-acre parcel of Cabernet Sauvignon at
Phinny Hill, Washington. Between 1978 and 1981, Stimson Lane planted
2,000 acres in Paterson, Washington, including Merlot, Cabernet
Sauvignon, Gewurztraminer, Riesling, Sauvignon Blanc, and Grenache
grapes. By the mid 1980s, commercial wine production included the
Mercer Ranch Vineyards' Cabernet Sauvignon, and St. Michelle's
Gewurztraminer, Grenache Rose, and Cabernet Sauvignon.
Plantings continued from the mid 1980s through the early 1990s in
the Horse Heaven Hills region, and greatly accelerated after the
vineyards in the Horse Heaven Hills survived the hard freeze of 1996,
which destroyed much of Washington State's grape crop. As of 2002,
there are at least 20 vineyards, with over 6,040 acres planted, plus
four commercial wineries within the region.
Boundary Evidence
The proposed Horse Heaven Hills viticultural area boundary is
generally based on the hills' geographic extent and topography, and on
a combination of their climate, terrain, and soils. These factors
differentiate the Horse Heaven Hills from the surrounding geographic
regions, as well as from the nearby, established viticultural areas of
Yakima Valley, Walla Walla Valley, and Red Mountain and the larger,
surrounding Columbia Valley area.
The Columbia River marks the natural eastern and southern boundary
of the Horse Heaven Hills and thus serves as the proposed viticultural
area's eastern and southern boundary. To the west in Klickitat County,
the Horse Heaven Hills give way to more extreme terrain. Here, Pine
Creek and the 1,700-foot contour line are used to mark the viticultural
area's western boundary. In the north, the slopes of the Horse Heaven
Hills gradually rise to the crest of the ridge that separates the hills
from the much lower Yakima Valley. This ridge, the Yakima Valley side
of which is generally very steep, marks the northern limit of the
proposed Horse Heaven Hills viticultural area as well.
Distinguishing Features
The proposed Horse Heaven Hills viticultural area is a unique
grape-growing region distinguished from the nearby viticultural areas
of Yakima Valley, Red Mountain, Walla Walla Valley, and from the
larger, surrounding Columbia Valley viticultural area. The primary
distinguishing factors of the Horse Heaven Hills area include its
topography, wind, annual heat unit accumulation, and precipitation.
Topography
The proposed Horse Heaven Hills viticultural area is located in
south-central Washington State, east of the Cascade Mountain Range and
north and west of the Columbia River, which bisects eastern Washington
State. The terrain within the viticultural area's 570,000 acres
consists largely of south-sloping, open and dry plains, which have the
geographical characteristics of a watershed, with dozens of drainages
running north to south through the area in a wheel spoke pattern.
Elevations range from 1,800 feet at the area's northern boundary to 200
feet at its southern boundary along the Columbia River, which forms the
area's southern and eastern boundary.
To the north, the Yakima Valley borders the proposed Horse Heaven
Hills viticultural area. The steep slope and cliffs of the Yakima
Valley and the crest of the Horse Heaven Hills form a natural boundary
between the two viticultural regions. Only three Washington State
Department of Transportation-maintained road passes exist between the
Horse Heaven Hills and the Yakima Valley. In the west, Pine Creek,
which flows south to the Columbia River, and the 1,700-foot contour
line mark the boundary between the south-facing slopes of the Horse
Heaven Hills and the more extreme terrain found to the west.
[[Page 38006]]
Wind
A significant distinguishing feature of the proposed Horse Heaven
Hills viticultural area is the heavy amount of strong wind the area
receives. Based on the area's proximity to the Columbia River, and
because the Columbia Gorge acts as a funnel, the Horse Heaven Hills
area receives significantly more wind than surrounding areas.
In an article titled ``The Columbia Gorge Wind Funnel'' in the July
2003 issue of Weatherwise magazine (pages 104 through 107), Howard E.
Graham of the National Weather Service's Portland, Oregon, office
explains that the Columbia Gorge wind patterns are a function of the
pressure differences between the west and east ends of this 120-mile
long river canyon. The Gorge surrounds the Columbia River between
Bridal Veil to the west, and Arlington to the east. The article
emphasizes that the winds, rarely calm, always flow along the axis of
the Gorge. The Pacific winds from the west bring moderating, mild
maritime air into the Gorge. Conversely, the continental high winds
from the east bring in dry air that is seasonably hot or cold. The heat
of the Columbia Basin draws these intense winds north over Horse Heaven
Hills after they exit the Columbia Gorge.
Wind through the Columbia Gorge is determined by Wind Run Miles
(WRMs), a unit of measure for the force and speed of wind in one hour.
The Horse Heaven Hills viticultural area records an average of 30
percent more WRMs than the Walla Walla Valley viticultural area to the
east and the Yakima Valley viticultural area to the north, and 20
percent more than the Red Mountain viticultural area to the immediate
north. The three surrounding viticultural areas, unlike the Horse
Heaven Hills region, are not in the direct wind funnel path of the
Columbia Gorge.
------------------------------------------------------------------------
Annual wind
Viticultural area run miles
------------------------------------------------------------------------
Horse Heaven Hills...................................... 46,200
Red Mountain............................................ 36,700
Walla Walla Valley...................................... 32,800
Yakima Valley........................................... 32,800
------------------------------------------------------------------------
The wind's effect on viticulture is especially noted during the
grapevine bud-break to fruit-set period, according to a 1982 article,
``Influence of Windbreaks and Climatic Region on Diurnal Fluctuation of
Leaf Water Potential, Stomatal Conductance, and Leaf Temperature of
Grapevines,'' by Freeman, Kliewer, and Stern in the American Journal of
Enological Viticulture, vol. 33:233-236. The most-often observed
consequences of the higher winds within the proposed Horse Heaven Hills
viticultural area include a reduction in canopy size and density of
grapes on the vines. Also, vines are less prone to disease, based on
the wind's drying of wet plant surfaces on which fungal spores or
bacteria can land. The volume of wind is also a key factor in
determining the amount of irrigation needed for optimum vine growth.
Temperature
The proposed Horse Heaven Hills viticultural area has a relatively
warm growing season within the Columbia Valley region of Washington
State. This growing season warmth has a dramatic impact on harvest
dates and fruit quality. The harvest time in the Horse Heaven Hills may
start up to two weeks before the harvest in the Yakima Valley, 40 miles
to the northwest. The Horse Heaven Hills growing season allows growers
to ensure full maturity in mid-to late-season grape varieties while
receiving the benefit of extended time on the vine. The length of the
growing season produces unique fruit characteristics, resulting in many
``single vineyard'' designated wines. It also decreases the risk of
fall frost and harvest time disease.
The Annual Heat Units index calculates the sum of the average daily
temperatures above a threshold of 50 degrees Fahrenheit during the
growing season. This method determines and compares the heat growing
conditions of viticultural areas.
------------------------------------------------------------------------
Annual heat
Viticultural areas units (ten
year average)
------------------------------------------------------------------------
Red Mountain............................................ 3,016
Walla Walla Valley...................................... 2,821
Horse Heaven Hills...................................... 2,801
Yakima Valley........................................... 2,568
------------------------------------------------------------------------
Rainfall
Central and eastern Washington State receives most of its annual
rainfall in the winter months when grapevines are dormant. As a result,
all grape-growing areas in this region require supplemental irrigation.
However, the low amount of precipitation received during the growing
season reduces the risk of harmful diseases that may occur in the
vineyard. The low amount of water that grapevines in the Horse Heaven
Hills receive prevents excessive vine canopy growth, which may lead to
grapes with vegetative flavors, excessive acidity, reduced color, and
large berry size.
The proposed Horse Heaven Hills viticultural area receives about 9
inches of rain annually. This is 45 percent less rainfall than the 19.7
inches in the Walla Walla Valley area to the east, 30 percent less than
Chelan, Washington, at 13.2 inches rainfall, to the north, and 13
percent more than the Yakima Valley, at 7.8 inches, to the immediate
north.
Soils
Three dominant parent materials form the soils found within the
proposed Horse Heaven Hills viticultural area, according to Alan
Busacca of the Department of Crop and Soil Sciences, Washington State
University: (1) Eolian sand and silt (wind blown dunes and loess); (2)
sediments from giant glacial outburst floods, including gravelly
alluvium and stratified fine sands and silts (slackwater sediments);
and (3) hill slope rubble from the Columbia River Basalt bedrock. The
soils of each Washington State viticultural area are distinct, with
variations in the proportion and distribution of the three parent
materials noted above, according to Larry Meinert, a professor of
Geology at Washington State University. The westerly wind transport
predominant in the proposed Horse Heaven Hills area and the direction
of glacial floods create a differing grain size distribution of the
soils in the region as compared to the surrounding viticultural areas.
The proposed Horse Heaven Hills viticultural area's low annual
precipitation and its hot summers act to weather the parent materials
and soils. The soils are mainly classified as Aridisols (desert soils)
and Mollisols (prairie soils), which are formed from various
combinations of the three parent materials, according to the Soil
Survey Staff in ``Soil Taxonomy, A Basic System of Soil Classification
for Making and Interpreting Soil Surveys,'' (Second Edition, 1999, USDA
Natural Resources Conservation Service).
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed rulemaking regarding the
establishment of the Horse Heaven Hills viticultural area in the
Federal Register as Notice No. 27 on January 24, 2005 (70 FR 3322). In
that notice, TTB requested
[[Page 38007]]
comments by March 25, 2005, from all interested persons. TTB received
six comments in response to the notice. All comments supported the
establishment of the Horse Heaven Hills viticultural area based on its
distinguishing viticultural features and the ``Horse Heaven Hills''
name, which accurately identifies this geographical region.
In this final rule, we altered the location of the Horse Heaven
Hill viticultural area's proposed northern boundary between Webber and
Badger Canyons in Benton County in order to simplify the boundary's
description. The area's northern boundary remains the same as proposed
up to the 1,745-foot peak on the western side of Webber Canyon. From
that peak, rather than following a more complex series of contour and
section lines between the two canyons, the finalized boundary continues
southeasterly along a straight line to the 1,757-foot peak on the
western side of Badger Canyon. From that peak the boundary proceeds due
south to Smith Road, where it continues as proposed in Notice No. 27.
This change makes this boundary section more consistent with the
remainder of the viticultural area's northern boundary, which generally
follows a series of straight lines drawn through peaks in the ridge
separating the Horse Heaven Hills from the Yakima Valley. This boundary
change increases the size of the Horse Heaven Hills area by less than
1,000 acres.
In addition, we altered the wording of several other boundary
description paragraphs for clarity, but we did not change the location
of the viticultural area's boundary except as noted above.
TTB Finding
After careful review of the Horse Heaven Hills viticultural area
petition and the comments received, TTB finds that the evidence
submitted supports the establishment of the proposed viticultural area.
Therefore, under the authority of the Federal Alcohol Administration
Act and part 4 of our regulations, we establish the ``Horse Heaven
Hills'' viticultural area, located along the Columbia River in portions
of Klickitat, Yakima, and Benton counties in south-central Washington
State, effective 30-days from the publication date of this final rule.
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. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Horse
Heaven Hills,'' is recognized as a name of viticultural significance.
In addition, the name ``Horse Heaven'' standing alone is considered a
term of viticultural significance since the names ``Horse Heaven
Hills'' and ``Horse Heaven'' are often used interchangeably, and the
name ``Horse Heaven'' applies to places within the boundary of the
Horse Heaven Hills viticultural area. Consumers and vintners could,
therefore, reasonably attribute the quality, reputation, or other
characteristic of wine made from grapes grown in the Horse Heaven Hills
viticultural area to the name Horse Heaven itself. Consequently, wine
bottlers using ``Horse Heaven Hills'' or ``Horse Heaven'' in a brand
name, including a trademark, or in another label reference as to the
origin of the wine, must ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
For a wine to be eligible to use as an appellation of origin the
name of a viticultural area specified in part 9 of the TTB regulations,
at least 85 percent of the grapes used to make the wine must have been
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 to use the viticultural area name as an appellation of origin
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 viticultural area 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 a
viticultural area 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.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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
This rule is not a significant regulatory action as defined by
Executive Order 12866 (58 FR 51735). Therefore, it requires no
regulatory assessment.
Drafting Information
Nancy Sutton of the Regulations and Procedures Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Amend subpart C by adding Sec. 9.188 to read as follows:
Sec. 9.188 Horse Heaven Hills.
(a) Name. The name of the viticultural area described in this
section is ``Horse Heaven Hills''. For purposes of part 4 of this
chapter, ``Horse Heaven Hills'' and ``Horse Heaven'' are terms of
viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the Horse Heaven Hills viticultural area are 28 United
States Geological Survey (USGS) 1:24,000 scale topographic maps. They
are titled:
(1) Umatilla Quadrangle, Oregon--Washington, 1993;
(2) Irrigon Quadrangle, Oregon--Washington, 1993;
(3) Paterson Quadrangle, Washington--Oregon, 1993;
(4) West of Paterson Quadrangle, Washington--Oregon, 1993;
(5) Boardman Quadrangle, Oregon--Washington, 1993;
(6) Crow Butte Quadrangle, Washington--Oregon, 1993;
(7) Golgotha Butte Quadrangle, Washington--Oregon, 1993;
(8) Heppner Junction Quadrangle, Oregon--Washington, 1962, photo
revised, 1970;
(9) Wood Gulch Quadrangle, Washington--Oregon, 1962, photo revised
1970, photo inspected 1975;
(10) Crider Valley Quadrangle, Washington, 1962;
(11) Douty Canyon Quadrangle, Washington, 1962;
(12) Tule Prong Quadrangle, Washington, 1965;
(13) Prosser SW Quadrangle, Washington, 1965, photo inspected 1975;
[[Page 38008]]
(14) Mabton West Quadrangle, Washington, 1965;
(15) Mabton East Quadrangle, Washington, 1965;
(16) Prosser Quadrangle, Washington, 1965;
(17) Whitstran Quadrangle, Washington, 1965;
(18) Whitstran NE Quadrangle, Washington, 1965;
(19) Corral Canyon Quadrangle, Washington, 1977;
(20) Webber Canyon Quadrangle, Washington, 1965;
(21) Badger Mountain Quadrangle, Washington, 1965, photo revised
1978;
(22) Taylor Canyon Quadrangle, Washington, 1965;
(23) Johnson Butte Quadrangle, 1964, photo revised 1978;
(24) Nine Canyon Quadrangle, 1964;
(25) Wallula Quadrangle, 1992;
(26) Juniper Canyon Quadrangle, 1966, photo revised 1978;
(27) Juniper Quadrangle, 1993; and
(28) Hat Rock Quadrangle, 1993.
(c) Boundary. The Horse Heaven Hills viticultural area is located
in portions of Benton, Klickitat, and Yakima Counties, Washington. The
boundary of the Horse Heaven Hills viticultural area is described
below:
(1) Beginning on the Umatilla map at the intersection of Interstate
Highway 82 and the north bank of the Columbia River in Benton County,
Washington, proceed westerly (downstream) along the river's north bank,
passing through the Irrigon, Paterson, West of Paterson, Boardman, Crow
Butte, and Golgotha Butte maps, to the mouth of Pine Creek in section
32, T4N/R22E, on the Heppner Junction map in Klickitat County; then
(2) Follow Pine Creek northwesterly (upstream) for approximately
7.0 miles to the junction of Pine Creek and the western boundary of
section 16, T4N/R21E, on the Wood Gulch map, then continue north along
the section boundary to the point where East Road, which coincides with
the section line at this point, crosses the 1,700-foot contour line,
very near the southwestern corner of section 9, T4N, R21E; then
(3) Proceed northeasterly along the meandering 1,700-foot contour
line through, and crossing between, the Crider Valley and Douty Canyon
maps (crossing Alder Creek, Stegeman Canyon, Spring Canyon, Sand Ridge,
and Willow Creek) to the point where the 1,700-foot contour line
intersects Sand Ridge Road in section 4, T5N, R22E, on the Douty Canyon
map; then
(4) Continue north-northeasterly along the meandering 1,700-foot
contour line through, and crossing between, the Tule Prong and Douty
Canyon maps (crossing Tule Canyon, Tule Prong, and Dead Canyon) to the
contour line's intersection with Alderdale Road in section 31, T7N/
R23E, northeast of Coyote Canyon, on the Prosser SW map in Yakima
County; then
(5) Follow Alderdale Road northwest, returning to the Tule Prong
map, and continue northwest and then north along Alderdale Road to its
intersection with Wandling Road in section 2, T7N/R22E; then
(6) From that intersection, proceed northeasterly in a straight
line to the 2,011-foot peak near the northwest corner of section 1,
T7N/R22E, on the Mabton West map, and continue northeasterly in a
straight line to the 1,989-foot peak in the southeast corner of section
36, T8N/R22E, on the Mabton East map; then
(7) From that peak, proceed easterly in a straight line through the
1,860-foot benchmark along side Township Road in section 31, T8N/R23E,
to the 2,009-foot peak in section 32, T8N/R23E, then northerly in a
straight line to the 2,011-foot peak in the same section, then easterly
to the 1,850 foot peak in the northwest quadrant of section 33, T8N/
R23E, then east-northeasterly to the 1,964-foot peak beside the western
boundary of section 27, T8N/R23E, then east-northeasterly through the
2,031-foot peak in the northwest corner of section 26, T8N/R23E, to the
2,064-foot peak in the northern portion of the same section; then
(8) From that peak, proceed east-southeast to the 2,093 foot peak
in the northeastern quadrant of section 25, T8N/R23E on the Prosser
map, then northeasterly in a straight line to the 2,193-foot peak of
Horse Hill in the northeast corner of section 25, T8N/R23E, then
northeasterly in a straight line, crossing into Benton County, to the
2,107-foot peak in section 19, T8N/R24E, then easterly to the 2,081-
foot peak in section 21, T8N/R24E, then east-northeasterly through the
1,813-foot peak near the northwest corner of section 13, T8N/R24E, to
the 1,861-foot peak marked with radio towers near the southern boundary
of section 12, T8N/R24E; then
(9) From that peak, proceed northeasterly in a straight line to an
unmarked 1,410-foot summit in the northeast corner of section 7, T8N/
R25E, on the Whitstran map, then east-southeasterly to the 1,637-foot
peak near the center of section 8, T8N/R25E, and then north-
northeasterly to the intersection of State Route 221 and Carter Road
near the southeast corner of section 5, T8N/R25E; then
(10) Follow Carter Road northerly to the point where it becomes an
unimproved road and continue northerly then easterly along the
unimproved road to the 1,854-foot peak of Gibbon Hill in the northeast
corner of section 4, T8N/R25E; then
(11) From that peak, proceed east-northeasterly in a straight line
through the 1,745-foot peak in section 35, T9N/R25E, to the 1,976-foot
peak in section 36, T9N/R25E, then east-northeasterly in a straight
line onto the Whitstran NE map through the 1,808-foot peak in section
30, T9N/R26E, to the 1,818-foot peak in the same section; then
(12) From that peak, proceed due north in a straight line to the
jeep trail above the 1,750-foot contour line near the northeast corner
of section 30, T9N/R26E; then
(13) Follow the jeep trail east-northeasterly to the 2,046-foot
peak of Chandler Butte in section 21, T9N/R26E, then east-northeasterly
and then southeasterly along the jeep trail through sections 22 and 23,
T9N/R26E, on the Corral Canyon map, to the intersection of the jeep
trail and McBee Grade road near the gravel pit in the southeast corner
of section 23, T9N/R26E, on the Whitstran NE map; then
(14) From that intersection, proceed southeasterly in a series of
straight lines through the 1,689-foot peak in the southeast corner of
section 23, T9N/R26E, and the 1,826-foot peak in section 25, T9N/R26E,
on the Whitstran map, then, on the Webber Canyon map, through the
1,845-foot peak in section 30, T9N/R27E, the 1,808-foot peak in section
31, T9N/R27E, the 1,745-foot peak in section 32, T9N/R27E, and the
1,572-foot peak of Rome Hill in section 14, T8N/R27E, and then, on the
Badger Mountain map, continue in a straight line to the 1,757-foot peak
in section 30, T8N/R28E; then
(15) From the 1,757-foot peak, proceed due south in a straight line
to the line's intersection with Smith Road near the northern boundary
of section 6, T7N/R28E; then
(16) Continue southerly along Smith Road to the road's intersection
with Clodfelter Road at the southern boundary of section 6, T7N/R28E,
on the Taylor Canyon map; then
(17) Proceed east on Clodfelter Road to its intersection with
Williams Road at the eastern boundary of section 5, T7N/R28E, and
continue east on Williams Road to its intersection with the 1,800-foot
contour line in section 4, T7N/R28E; then
(18) Follow the meandering 1,800-foot contour line southerly then
easterly to the contour line's junction with the northeast corner of
section 15, T7N/R28E; then
[[Page 38009]]
(19) From that point, proceed east-southeasterly in a straight line
to the 1,680-foot benchmark in section 17, T7N/R29E, on the Johnson
Butte map, and continue east-northeasterly in a straight line through
the 2,043-foot peak of Johnson Butte in section 16, T7N/R29E, to the
2,220-foot peak of Jump Off Joe summit in section 12, T7N/R29E; then
(20) From that point, proceed southeasterly in a straight line,
through the Nine Canyon map, to the 343-foot benchmark on the bank of
the Columbia River at Palmer Pond in section 13, T6N/R30E, on the
Wallula map; and then
(21) Follow the north bank of the Columbia River westerly
(downstream), through the Juniper Canyon, Juniper, and the Hat Rock
maps, to the beginning point at the intersection of Interstate Highway
82 and the north bank of the Columbia River on the Umatilla map.
Signed: May 17, 2005.
John J. Manfreda,
Administrator.
Approved: May 27, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-13039 Filed 6-30-05; 8:45 am]
BILLING CODE 4810-31-P