[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Rules and Regulations]
[Page 68458-68463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no06-8]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-56; Re: Notice No. 18]
RIN 1513-AA57
Establishment of the Chehalem Mountains Viticultural Area (2002R-
214P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the 68,265-acre Chehalem
Mountains viticultural area in Clackamas, Yamhill, and Washington
Counties, Oregon. This new viticultural area is entirely within the
existing Willamette 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: December 27, 2006.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 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 consumers with adequate information regarding product identity
and prohibits the use of misleading information on those labels.
[[Page 68459]]
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.
Chehalem Mountains Viticultural Area Petition and Rulemaking
Background
TTB received a petition from Alex Sokol-Blosser, secretary of the
North Willamette Valley AVA Group, proposing establishment of the new
``Chehalem Mountains'' viticultural area. David Adelsheim, Paul Hart,
and Richard Ponzi authored the petition.
The proposed Chehalem Mountains viticultural area is located in
portions of Clackamas, Yamhill, and Washington Counties in northwestern
Oregon. The proposed area lies in the northern region of the Willamette
Valley viticultural area (27 CFR 9.90) and, along its southwestern
boundary, encompasses the smaller Ribbon Ridge viticultural area (27
CFR 9.182). The Chehalem Mountains viticultural area is approximately
19 miles southwest of Portland, Oregon, and 45 miles inland from the
Pacific Ocean. The proposed Chehalem Mountains viticultural area covers
106.6 square miles, or 68,265 acres. The petition states that, in 2002,
the area contained at least 80 vineyards, totaling over 1,100 acres,
and 12 commercial wineries.
Terrain, elevation, and climate are the significant distinguishing
features of the proposed Chehalem Mountains viticultural area. The
proposed boundary line, which is generally at 200 to 250 feet in
elevation, encompasses this single, continuous landmass lifted from the
Willamette Valley floor.
We summarize below the supporting evidence presented with the
petition.
Name Evidence
The petition explains that the region within the proposed
viticultural area is locally known as the ``Chehalem Mountains.'' The
petition notes that use of the Chehalem name extends back to the early
19th century, that it is featured on USGS maps of the region, and that
it is used by a variety of present-day businesses, housing
developments, parks, and roads.
The modern word ``Chehalem'' comes from the Native American name
``Chahelim,'' listed under the heading Atfalati (Tualatin) in the
``Handbook of American Indians,'' according to references in the
petition. Also, beginning in the early 1800s, the ``Chehalem'' name
referred to more than 20 bands of Native Americans living in the
general vicinity of the Chehalem Mountains.
Historically, the ``Chehalem'' name entered the vocabulary of the
early European settlers prior to 1840, according to the petition. The
petition explains that in 1834 a lumber mill started operations on
Chehalem Creek. Also, in 1848, Joseph B. Rogers platted the town of
``Chehalem'' on his property, the current site of Newberg, Oregon. The
petition further states that on March 14, 1851, the township of
``Chehalem'' established one of the earliest post offices in Yamhill
County.
The ``Chehalem Mountains'' name figures prominently on the USGS
quadrangle maps of Newberg, Dundee, Laurelwood, and Scholls, Oregon,
submitted with the petition. Within the Chehalem Mountains, these USGS
maps name the Parrett Mountain and Ribbon Ridge spurs, as well as other
hills, peaks, and ridges, including Laurel Ridge, Bald Peak, Iowa Hill,
Spring Hill, and Fern Hill. The entry for Chehalem Mountains in
``Oregon Geographic Names'' by Lewis L. McArthur reads, ``These are the
highest mountains in the Willamette Valley * * *. The Chehalem
Mountains and some independent spurs extend from the Willamette River
east of Newberg to the foothills of the Coast range south of Forest
Grove, Oregon.'' Additional geographic location name references on the
USGS maps include Chehalem Creek, which runs through Chehalem Valley,
on the south side of the Chehalem Mountains.
In addition to the USGS map references, modern ``Chehalem'' name
usages include a municipal park and recreation district, a public
middle school, public roads, 27 business names, and several housing
developments, according to petition evidence.
Boundary Evidence
The proposed boundary line of the Chehalem Mountains viticultural
area relies primarily on geographical features and elevations, the
petition explains and the USGS regional maps confirm. In addition to
terrain and elevation, slope and soil criteria help delineate the line
between mountains and valley floor, according to the petition. Thus,
the proposed Chehalem Mountains viticultural area boundary line
includes mountainous and hillside terrain, but excludes flat or barely
sloping lands.
A valley formed by the Tualatin River and its tributaries lies on
much of the west side and all of the north side of the Chehalem
Mountains. On the east side of the Chehalem Mountains, Rock Creek and
Seely Ditch separate the mountains from the high ground around Tonquin.
The southeast side of the Chehalem Mountains borders the flood plain of
the Willamette River, and the Chehalem Valley lies along the southwest
side of the proposed viticultural area's boundary line.
Historically, the first vineyard acquisition in the Chehalem
Mountains
[[Page 68460]]
dates to 1968, when Dick Erath purchased 49 acres on Dopp Road in
Yamhill County, according to the petition. Mr. Erath planted vineyards
in the spring of 1969, the petition continues, and shortly thereafter
other land owners also started planting wine grapes.
Distinguishing Features
The petition states that the distinguishing features of the
proposed Chehalem Mountains viticultural area include its terrain,
elevation, and climate. These features contrast with the surrounding
Willamette Valley, Coast Range, and Columbia Gorge regions.
Physical Features
The length and towering peaks of the Chehalem Mountains landform
distinguish the proposed viticultural area from the surrounding
Willamette Valley area, the petition explains. Viewable from the West
Hills of Portland, Oregon, and the northern Willamette Valley floor,
the Chehalem Mountains measure more than 20 miles in length and 5 miles
in width. The mountains are a single continuous landmass of increasing
elevation, containing a series of ridges and two highly delineated
spurs, Ribbon Ridge and Parrett Mountain. The mountains also serve to
separate the Tualatin River basin and the Chehalem Valley, the petition
continues.
The slopes of the Chehalem Mountains, both steep and gentle,
significantly contrast with the almost flat Willamette Valley floor,
the petition explains. On the west side of Ribbon Ridge and the
southeast side of Parrett Mountain, the slopes descend steeply,
according to the petition and the USGS maps of the region. At the
bottom of these steep descents, the slopes become almost level and
flatten into the valley floor.
The majority of the Chehalem Mountains slopes shift gradually and
gently to the valley floor, as shown on USGS regional maps. Where the
terrain transition lacks distinction, the petitioner uses a combination
of terrain, elevation, slope, and soil criteria to determine the
boundary line of the proposed Chehalem Mountains viticultural area.
Elevation
Within the Willamette Valley, the Chehalem Mountains tower in
height over the surrounding landforms and terrain, according to the
petition. Bald Peak, northwest of Newberg and within the proposed
Chehalem Mountains viticultural area, rises to 1,633 feet above sea
level, while the surrounding valley floor sits at or below 200 feet in
elevation, according to the USGS regional maps.
Most of the vineyards in the proposed Chehalem Mountains
viticultural area, the petition states, lie between the 200 feet and
1,000 feet contour lines. The areas below 200 feet in elevation have
alluvial soils, characterized by greater depth, fertility, and water-
holding capacity, according to the petition. This combination of soil
features extends the growing period of the Willamette Valley floor and
delays grape ripening. Also, frost potential increases at the lower
elevations of the valley floor when compared to the higher hillside and
mountain elevations. As a result, the proposed Chehalem Mountains
viticultural area boundary line excludes valley floor elevations and
its alluvial soils, the petition states.
Climate
Significant annual precipitation best distinguishes the climate of
the proposed Chehalem Mountains viticultural area from surrounding
regions, the petition claims. As the highest mountains in the
Willamette Valley the Chehalems create a large obstacle for west-to-
east moving storms. When the moist air rises over the Chehalem
Mountains, water vapor in the cooling air condenses and falls to earth
as terrain-induced rain, the petition explains.
According to data from the ``Atlas of Oregon,'' second edition
(University of Oregon Press, 2001), annual rainfall within the
boundaries of the proposed viticultural area ranges from 37 inches in
the lower elevations to almost 60 inches at the highest elevation at
Bald Peak. This annual precipitation contrasts with the 36 inches
received in Hillsboro and Beaverton to the north of the proposed
viticultural area, French Prairie to the south, and Portland
International Airport to the east, the petition explains. To the west
of the Chehalems, the Coast Range, closer to the moisture-laden air of
the Pacific Ocean, annually averages over 100 inches of rain.
Several other uplifted regions within the Willamette Valley include
higher rainfall levels than the surrounding valley floor, but none are
as dramatic as the Chehalem Mountains. For example, to the south-
southwest of the proposed viticultural area, the Eola Hills, which peak
at approximately 1,160 feet, receive 40 to 48 inches of annual
precipitation, while to the south of the proposed viticultural area,
the Dundee Hills, which peak at 1,067 feet in elevation, receive 40 to
44 inches of annual precipitation.
Temperatures vary within the Chehalem Mountains more than in any
other region within the Willamette Valley, the petition explains.
According to data from the Oregon Climate Service, heat accumulation
during the Chehalem Mountains growing season varies from over 2,200
degree days along the mountains' south side base to less than 1,800
degree days on the northsides of their higher peaks. The annual 400
degree-day variation typically results in a three-week difference in
the ripening of Pinot Noir grapes, the petition explains. (Each degree
that a day's mean temperature is above 50 degrees Fahrenheit, which is
the minimum temperature required for grapevine growth, is counted as
one degree day; see ``General Viticulture,'' Albert J. Winkler,
University of California Press, 1975.)
Evapotranspiration, or the loss of water from soil and plants by a
combination of evaporation and transpiration, averages about 3 inches
less at the higher elevations of the Chehalem Mountains when compared
to the surrounding valleys, the petition states. This difference
corresponds to the warmer growing temperatures found at the lower
elevations, as compared to the cooler growing temperatures at the
higher elevations of the Chehalem Mountains, the petition explains.
Soil
The petition emphasizes that the diverse Chehalem Mountains soils
fail to qualify as a distinguishing feature for this viticultural area
petition. The soils, according to the petition, include loess,
sedimentary, basaltic, and alluvial origins.
The Ribbon Ridge spur, within the proposed Chehalem Mountains
southwest boundary line and heavily planted to red wine grapes,
includes sedimentary soil of the Willakenzie Series, the petition
explains. The central and southern Chehalem Mountains, with vineyards
of white grapes and extensive Pinot Noir plantings, include large
deposits of basaltic soils, mainly of the Jory Series. The central
Chehalem Mountains region also includes loess soils, primarily of the
Laurelwood Series.
The petition further states that the sedimentary western flank of
the Chehalem Mountains contains similarities to the adjacent hilly
region surrounding the Yamhill River Basin, beyond the proposed
boundary line. Also, the basaltic-origin soils of the Chehalem
Mountains' southern slope and the Parrett Mountain spur resemble soils
found further south and outside the proposed boundary line in the
[[Page 68461]]
Dundee Hills and on the east side of the Eola Hills. Eolian soils on
the north side of the Chehalem Mountains, the petition continues,
resemble those found on the hills further north and east, beyond the
proposed boundary line, in the Tualatin basin at Cooper and Bull
Mountains. Finally, alluvial soils at the base of the Chehalem
Mountains contain similarities to the surrounding valley flood plain
soils found at elevations below the proposed viticultural area boundary
line.
The petition concludes that terrain, elevation, and climatic
features of the proposed Chehalem Mountains viticultural area join to
create the distinguishing features of this proposed viticultural
region. The Chehalem Mountains soils, with their variety of parent
material types, lack distinction from the surrounding Willamette Valley
floor and hill formations.
Notice of Proposed Rulemaking and Comments Received
On October 7, 2003, TTB published in the Federal Register (68 FR
57840) as Notice No. 18 a notice of proposed rulemaking regarding the
establishment of the Chehalem Mountains viticultural area. We received
eight comments in response to that notice.
All comments supported the establishment of the Chehalem Mountains
viticultural area. Six of the eight comments agreed that the proposed
``Chehalem Mountains'' name, boundary line, and distinguishing features
accurately represented the proposed viticultural area. The remaining
two comments also supported establishment of the Chehalem Mountains
viticultural area, but specifically expressed concern about a possible
conflict with one winery's longstanding use of ``Chehalem'' in its
brand name, because the winery does not source all of its grapes from
within the proposed Chehalem Mountains boundary.
It is the understanding of TTB that these two commenters were
referring to Chehalem Winery and Vineyards, which utilizes grapes grown
within the boundary of the proposed Chehalem Mountains viticultural
area but also relies on grapes from the nearby Dundee Hills
viticultural area (27 CFR 9.180) for its production, with the result
that the wine produced would not meet the 85 percent standard for use
of ``Chehalem Mountains'' as an appellation of origin (see the Impact
on Current Wine Labels discussion below). The two commenters
recommended that TTB allow the winery to continue to use the
``Chehalem'' brand name for grapes obtained outside the proposed
Chehalem Mountains viticultural area boundary line. One of these
commenters specifically suggested that such continued use of
``Chehalem'' in the winery's brand name would be appropriate so long as
all of the grapes in question came from within the Willamette Valley
viticultural area.
TTB Finding
After careful review of the petition and the eight 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 ``Chehalem Mountains'' viticultural area
in Clackamas, Yamhill, and Washington Counties, Oregon, effective 30
days from the publication date of this document.
Regarding the concerns about use of the ``Chehalem'' name by
Chehalem Winery and Vineyards, TTB has determined that only the full
``Chehalem Mountain'' name should have viticultural significance upon
the establishment of the new viticultural area. Therefore, the name
``Chehalem'' standing alone will not have viticultural significance.
Accordingly, the Chehalem Winery and Vineyards may continue to use its
brand name for wines produced from grapes grown outside the boundaries
of the Chehalem Mountains viticultural area.
Boundary Description
As originally proposed, the boundary of the Chehalem Mountains
viticultural area encompassed the Ribbon Ridge landform, and the
petitioning North Willamette Valley AVA Group intended to include the
then proposed Ribbon Ridge viticultural area entirely within the
proposed Chehalem Mountains area. Notice No. 8, included, therefore,
proposed regulatory text that used the 200-foot and the 240-foot
contour lines to define much of the southwestern boundary of the
Chehalem Mountains viticultural area. In contrast, the regulatory text
of Sec. 9.182 adopted in T.D. TTB-27, which established the Ribbon
Ridge viticultural area, uses Dopp and North Valley Roads for the
Ribbon Ridge area's southern and western boundary lines, thus placing
the Ribbon Ridge boundary slightly outside the originally proposed
Chehalem Mountains southwestern boundary line.
TTB has, with the petitioner's agreement, modified the originally
proposed southwestern boundary of the Chehalem Mountains viticultural
area to mirror the established Ribbon Ridge viticultural area boundary
line. This minor boundary line change ensures that the Chehalem
Mountains and Ribbon Ridge viticultural areas share a common boundary
where appropriate so that the Ribbon Ridge area is entirely within the
Chehalem area as the petitioner intended. This boundary line
modification increases the overall size of the proposed Chehalem
Mountains viticultural area by approximately 425 acres.
In addition, for clarity, we have made minor editorial, non-
substantive changes to the wording of the originally proposed Chehalem
Mountains viticultural area boundary description. See the narrative
boundary description of the viticultural area in the regulatory text
published at the end of this document.
Maps
The maps for determining the boundary of the viticultural area are
listed below in the regulatory text.
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, ``Chehalem
Mountains'' is recognized under 27 CFR 4.39(i)(3) as a name of
viticultural significance. The text of the new regulation clarifies
this point. Consequently, wine bottlers using ``Chehalem Mountains'' 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 name or other term as an appellation of
origin.
For a wine to be eligible to use as an appellation of origin a
viticultural area name or other term specified as being viticulturally
significant in part 9 of the TTB regulations, at least 85 percent of
the wine must be derived from grapes grown within the area represented
by that name or other term, 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 or term as an appellation of origin and that
name or other term 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 or
other term 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
[[Page 68462]]
area name or other viticulturally significant term 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
N.A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend title 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. Subpart C is amended by adding Sec. 9.205 to read as follows:
Sec. 9.205 Chehalem Mountains.
(a) Name. The name of the viticultural area described in this
section is ``Chehalem Mountains''. For purposes of part 4 of this
chapter, ``Chehalem Mountains'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundary of the Chehalem Mountains viticultural area are six United
States Geological Survey 1:24,000 scale topographic maps. They are
titled:
(1) Newberg Quadrangle, Oregon, 7.5 Minute Series, 1961
(photorevised 1985);
(2) Dundee Quadrangle, Oregon, 7.5 Minute Series, 1956 (revised
1993);
(3) Laurelwood Quadrangle, Oregon, 7.5 Minutes Series 1956 (revised
1992);
(4) Scholls Quadrangle, Oregon, 7.5 Minute Series, 1961
(photorevised 1985);
(5) Beaverton Quadrangle, Oregon, 7.5 Minute Series, 1961
(photorevised 1984); and
(6) Sherwood Quadrangle, Oregon, 7.5 Minute Series, 1961
(photorevised 1985).
(c) Boundary. The Chehalem Mountains viticultural area is located
in Clackamas, Yamhill, and Washington Counties, Oregon. The boundary of
the Chehalem Mountains viticultural area is as described below:
(1) The beginning point is in Yamhill County on the Newberg map in
section 15, T3S/R2W, at the intersection of Oregon Highway 99W and the
250-foot contour line, 0.4 mile east of Spring Brook;
(2) From the beginning point, proceed northwesterly 1.2 miles along
the 250-foot contour to its intersection with an unnamed light-duty
road locally known as Benjamin Road, section 50, T3S/R2W, Newberg map;
then
(3) Proceed west 0.5 mile along Benjamin Road, crossing railroad
tracks, to its intersection with an unnamed light-duty road locally
known as Spring Brook Road, section 48, T3S/R2W, Newberg map; then
(4) Proceed southwest 0.3 mile along Spring Brook Road, parallel to
the railroad tracks, to its intersection with an unnamed light-duty
road locally known as Mountainview Drive, section 48, T3S/R2W, on the
Newberg map; then
(5) Proceed west 0.35 mile on Mountainview Drive to its
intersection with an unnamed light-duty road locally known as Aspen
Way, along the western boundary of section 8, T3S/R2W, Newberg map;
then
(6) Proceed northwesterly 1.4 miles on Aspen Way to its
intersection with Bell Road, along the northern boundary of section 47,
T3S/R2W, Newberg map; then
(7) Proceed west 0.8 mile on Bell Road, which becomes North Valley
Road after crossing Oregon Highway 219, to its intersection with the
250-foot contour line, immediately before an unimproved dirt road on
the left, section 46, T3S/R2W, Newberg map; then
(8) Proceed westerly 2 miles along the 250-foot contour line to its
first intersection with the western boundary line of section 43, T3S/
R3W, along the western border of the Newberg map; then
(9) Proceed north 0.2 mile along the western boundary of section
43, T3S/R3W, to its intersection with the 240-foot contour line,
Newberg map; then
(10) Proceed westerly for 4 miles along the 240-foot contour line,
crossing onto the Dundee map, to its intersection with an unnamed
light-duty road locally known as Sullivan Lane, section 74, T3S/R3,
Dundee map; then
(11) Proceed south 0.25 mile along Sullivan Lane to its
intersection with North Valley Road at elevation point 216, section 74,
T3S/R3, Dundee map; then
(12) Proceed west 0.1 mile along North Valley Road to its
intersection with the 200-foot contour line, section 74, T3S/R3W,
Dundee map; then
(13) Proceed northwesterly 1 mile along the 200-foot contour line
to its intersection with an unnamed creek northeast of elevation point
215, and continue northwesterly 0.05 mile along the unnamed creek to
its intersection with Dopp Road along the western boundary line of
section 74, T3S/R3W, Dundee map; then
(14) Proceed south 0.8 mile along Dopp Road to its intersection
with North Valley Road at the elevation point 202 near the Ewing Young
School, section 39, T3S/R3W, Dundee map; then
(15) Proceed northerly 5 miles on North Valley Road, crossing onto
the Laurelwood map, to the road's intersection with Laughlin Road and
Albertson Road at elevation point 235, section 58, T2S/R3W, Laurelwood
map; then
(16) Proceed east 0.1 mile on Albertson Road to its intersection
with the 240-foot contour line, section 58, T2S/R3W, Laurelwood map;
then
(17) Proceed northerly 15.6 miles along the 240-foot contour line
to its intersection with Sandstrom Road, section 19, T1S/R3W,
Laurelwood map; then
(18) Proceed west 0.15 mile on Sandstrom Road to its third crossing
of the 200-foot contour line, just before Fern Hill Road to the west,
section 24, T1S/R4W, Laurelwood map; then
(19) Proceed northwesterly and then northeasterly 4.5 miles along
the meandering 200-foot contour line to its intersection with La
Follette Road along the eastern boundary of section 8, T1S/R3W,
Laurelwood map; then
(20) Proceed south 0.25 mile on La Follette Road to its
intersection with the 240-foot contour line, north of Blooming Fern
Hill Road, along the western boundary line of section 16, T1S/R3W,
Laurelwood map; then
(21) Proceed easterly and then southerly 17 miles along the
meandering 240-foot contour line, crossing over and back on the Scholls
map in section 25 and 56, T1S/R3W,
[[Page 68463]]
crossing Christensen Creek in section 35, T1S/R3W, and continuing to
the contour line's intersection with Laurel Road West, along the
southern boundary line of section 1, T2S/R3W, Laurelwood map; then
(22) Proceed east 0.15 mile on Laurel Road West to its intersection
with the 200-foot contour line, along the southern boundary line of
section 1, T2S/R3W, Laurelwood map; then
(23) Proceed easterly 17.5 miles along the meandering 200-foot
contour line, and, after crossing onto the Scholls map and crossing
over Laurel Road South, McCormick Hill Road four times, and Midway
Road, and after crossing over and back on the Newberg map (crossing
Heaton Creek) in section 28, T2S/R2W, continue to the contour line's
intersection with Mountain Home Road, east of Heaton Creek, section 21,
T2S/R2W, Scholls map; then
(24) Continue easterly and then southerly 8.9 miles along the 200-
foot contour line and, after crossing Baker Creek, skirting Laurel
Ridge to the north, crossing onto the Beaverton map, crossing over and
back on the Sherwood map, crossing over in the northwest corner of the
Beaverton map, and returning to the Scholls map, continue to the
contour line's intersection with the middle tributary of an unnamed
creek, along the western boundary line of section 24, T2S/R2W, Scholls
map; then
(25) Proceed southeast along the meandering 200-foot contour line
and, after crossing over to the northeast corner of the Newberg map to
the Sherwood map, continue to the contour line's intersection with Edy
Road, section 25, T2S/R2W, Sherwood map; then
(26) Proceed southwest along the meandering 200-foot contour line
and, after crossing onto the Newberg map, skirting part of Chicken
Creek, and returning to the Sherwood map, continue to the contour
line's intersection with Elwert Road, along the eastern boundary line
of section 25, T2S/R2W, Sherwood map; then
(27) Proceed south 0.85 mile on Elwert Road to its intersection
with Oregon Highway 99W, along the eastern boundary line of section 36,
T2S/R2W, Sherwood map; then
(28) Proceed south-southwest 0.45 mile on Oregon Highway 99W to its
intersection with the 250-foot contour line immediately south of an
unnamed Cedar Creek tributary, section 36, T2S/R2W, Sherwood map; then
(29) Proceed southerly 1 mile along the meandering 250-foot contour
line to its intersection with Middleton Road, section 1, T3S/R2W,
Sherwood map; then
(30) Proceed southwesterly 0.5 mile on Middleton Road, which
becomes Rein Road, to the road's intersection with the 200-foot contour
line, immediately south of Cedar Creek, section 1, T3S/R2W, Sherwood
map; then
(31) Proceed 1.6 miles generally east along the 200-foot contour
line to its intersection, in the village of Middleton, with an unnamed
light-duty east-west road locally known as Brookman Road, section 6,
T3S/R1W, Sherwood map; then
(32) Proceed easterly 0.7 mile on Brookman Road to its intersection
with the Washington-Clackamas County line, at the northwest corner of
section 5, T3S/R1W, Sherwood map; then
(33) Proceed east 1 mile along the Washington-Clackamas County line
to its intersection with Brown Road, at the northeast corner of section
5, T3S/R1W, Sherwood map; then
(34) Proceed southerly 1 mile on Brown Road to its second
intersection with the 250-foot contour line, immediately south of an
intermittent stream, in section 4, T3S/R1W, Sherwood map; then
(35) Proceed southerly 2.8 miles along the meandering 250-foot
contour line, skirting Hoodview, to the contour line's intersection
with Baker Road, section 16, T3S/R1W, Sherwood map; then
(36) Proceed south 0.15 mile on Baker Road to its intersection with
the 200-foot contour line, section 16, T3S/R1W, Sherwood map; then
(37) Proceed southwesterly 13.1 miles along the meandering 200-foot
contour line and, after crossing onto the Newberg map, continue to the
contour line's intersection with Wilsonville Road, north of Willamette
Greenway State Park, section 60, T3S/R2W, Newberg map; then
(38) Proceed northwesterly 2 miles on Wilsonville Road to its
intersection with an unnamed tributary of Spring Brook, east-northeast
of Grouse Butte, section 57, T3S/R2W, Newberg map; then
(39) Proceed southwesterly 0.25 mile along the unnamed tributary of
Spring Brook to its intersection with the 200-foot contour line,
section 57, T3S/R2W, Newberg map; then
(40) Proceed westerly and then northerly 0.45 mile along the 200-
foot contour line, following the base of Grouse Butte, to the contour
line's intersection with Wilsonville Road, section 57, T3S/R2W, Newberg
map; then
(41) Proceed east 0.45 mile on Wilsonville Road to its intersection
with the same unnamed tributary of Spring Brook, section 57, T3S/R2W,
Newberg map; then
(42) Proceed northeasterly 0.05 mile along the unnamed tributary of
Spring Brook to its intersection with the 250-foot contour line,
southwest of the quarries, section 57, T3S/R2W, Newberg map; then
(43) Proceed northerly 2.2 miles along the 250-foot contour line to
its intersection with Corral Creek Road (misnamed Ladd Hill Road on the
Newberg map), south of Oregon Highway 99W, section 15, T3S/R2W, Newberg
map; then
(44) Proceed north 0.5 mile along Corral Creek Road to its western-
most intersection with an unnamed light-duty road locally known as
Veritas Lane, section 15, T3S/R2W, Newberg map; then
(45) Proceed north-northwesterly in a straight line approximately
0.05 mile and return to the beginning point.
Signed: September 8, 2006.
John J. Manfreda,
Administrator.
Approved: October 27, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E6-20018 Filed 11-24-06; 8:45 am]
BILLING CODE 4810-31-P