[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Proposed Rules]
[Pages 48839-48843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20914]



[[Page 48839]]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

RIN: 1513-AA50
[Notice No. 14]


Proposed Dundee Hills Viticultural Area (2002R-218P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the Dundee Hills viticultural area in Yamhill County, Oregon. 
Located entirely within the established Willamette Valley viticultural 
area, the proposed Dundee Hills area covers 6,490 acres, of which 1,264 
are planted to grapes. We invite comments on this proposal.

DATES: We must receive written comments on or before October 14, 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, PO Box 50221, Washington, DC 20091-0221 
(Attn: Notice No. 14);
    [sbull] (202) 927-8525 (facsimile);
    [sbull] [email protected] (e-mail); or
    [sbull] http://www.ttb.gov (An online comment form is posted with 
this notice on our Web site.)
    You may view copies of this notice and any comments received at 
http://www.ttb.gov/alcohol/rules/ or by appointment at the ATF 
Reference Library, 650 Massachusetts Avenue, NW., Washington, DC 20226; 
phone (202) 927-7890.
    See the ``Public Participation'' section of this notice for 
specific instructions and requirements, and for information on how to 
request a public hearing.

FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Specialist, Regulations 
and Procedures Division (Oregon), TTB, 946 NW Circle Blvd., 
286, Corvallis, OR 97330; telephone (415) 271-1254.

SUPPLEMENTARY INFORMATION:

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 deceptive information on such labels. The FAA Act also 
authorizes the Secretary of the Treasury to issue regulations to carry 
out the Act's provisions. The Secretary has delegated this authority to 
the Alcohol and Tobacco Tax and Trade Bureau (TTB).
    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 4.25a(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. The 
establishment of viticultural areas allows the identification of 
regions where a given quality, reputation, or other characteristics of 
the wine is essentially attributable to its geographic origin. We 
believe that the establishment of viticultural areas allows wineries to 
describe more accurately the origin of their wines to consumers and 
helps consumers identify the wines they purchase. Establishment of a 
viticultural area is neither an approval nor endorsement by TTB of the 
wine produced there.

Requirements

    Section 4.25a(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 
and/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 that the proposed area's growing conditions, such 
as climate, soils, elevation, physical features, etc., distinguish it 
from surrounding areas;
    [sbull] A description of the proposed viticultural area's specific 
boundaries, based on features found on maps approved by the United 
States Geological Survey (USGS); and
    [sbull] A copy of the appropriate USGS-approved map(s) with the 
boundaries prominently marked.

Impact on Current Wine Labels

    If this proposed viticultural area is established, bottlers who use 
brand names like the name of the viticultural area may be affected. 
Such bottlers must ensure that their existing products are eligible to 
use the name of the viticultural area 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 must meet the 
other conditions listed in 27 CFR 4.25a(e)(3).
    If the wine is not eligible to use the appellation, the bottler 
must change the brand name of that wine and obtain approval of a new 
label. Different rules apply to a wine in this category bearing a brand 
name traceable to a label approved before 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.

Dundee Hills Petition

    TTB has received a petition from Mr. Alex Sokol Blosser, secretary 
of the North Willamette Valley AVA Group, proposing the establishment 
of a new viticultural area to be called ``Dundee Hills'' in Yamhill 
County, Oregon. The petition states that within the 6,490-acre proposed 
viticultural area, 1,264 acres are currently planted to grapes with 
another 800 acres available for future vineyard use.
    This proposed area is entirely within the northern portion of the 
established Willamette Valley viticultural area in northwestern Oregon. 
It is located about 28 miles southwest of Portland, Oregon, and about 
40 miles inland from the Pacific Ocean near the town of Newberg. The 
township of Dundee straddles the proposed area's eastern border, the 
Yamhill River runs near its southern boundary, Millican Creek and the 
Trappist Abbey of Our Lady of Guadalupe anchor its west side, and the 
Chehalem Valley lies beyond its northern boundary.
    The Dundee Hills rise above the low, flat floors of the surrounding 
Willamette and Chehalem Valleys. These hills have peaks generally above 
700 feet in elevation, with the highest rising to 1,067 feet. The 
petition states that in addition to their higher elevation, the hills 
have warmer nighttime temperatures and less low-elevation fog and frost 
than the surrounding valleys.
    The North Willamette Valley AVA Group originally proposed the name 
``Red Hills,'' but upon learning of other

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petitioners proposing the same (or a similar) name for other 
viticultural areas, the Group amended its petitioned name to ``Red 
Hills of Dundee.'' After continuing concern, the Group again renamed 
petitioned area ``Dundee Hills'' to avoid confusion with other domestic 
and international ``Red Hill'' or ``Red Hills'' viticultural areas.

Name Evidence

    The revised petition states that local residents, vintners, and 
others know the proposed viticultural area as the ``Dundee Hills.'' 
Noting that several area businesses use the Dundee Hills name, the 
petition includes references to the October 2002 Yamhill County, 
Oregon, Verizon Super Pages telephone book, which lists ``Dundee Hills 
Estate,'' and the ``Shop Newberg'' Web site, which lists ``Dundee Hills 
Farm.''
    The updated petition also includes over 30 other examples of the 
proposed name's use from academic journals, magazines, newspapers, and 
Web sites. These include Ellen C. McCornack's March 1912 Oregon 
Historical Society Quarterly article, ``A Glimpse into Prehistoric 
Oregon.'' The Willamette Valley was, she noted, a large, prehistoric 
body of water, and that ``[a]cross a narrow straight from Chehalem was 
the island of the Dundee Hills * * *.''
    An article in the fall/winter 1998 issue of Wine Press Northwest, 
``In with the New World,'' lists several pioneer Oregon wine growers, 
including David Lett, who arrived in 1965 with:

a degree in viticulture from the University of California-Davis and 
a plan to find a cool climate suitable for planting pinot noir and 
other varieties from Burgundy. Lett decided on the Dundee Hills in 
the Willamette Valley * * *. Another early pioneer is Dick Erath of 
Erath Vineyards, also still producing great wine in the Dundee Hills 
near Newberg.

Fred Delkin, in a 2002 Oregon Magazine article, ``Papa Pinot Still 
Preaching Gospel That Created an Industry,'' also notes that, in 1966, 
Lett planted ``Pinot Noir and its cousin, Pinot Gris, in the Dundee 
hills area.'' A November 14, 2002, Seattle Times article, ``Wine Is the 
Main Course this Thanksgiving Celebration,'' adds, ``Erath Vineyards, 
high in the Dundee hills, is one of the Willamette Valley's pioneer 
wineries.''
    The 1989 Parker's Wine Buyer's Guide (page 814) explains that 
``Pinot Noir from the Dundee Hills, a subregion of the Willamette 
Valley, has a more herbaceous, bing-cherry fruitiness.'' In Marne 
Coggan's Vineyards and Winery Management article, ``Vineyard Land 
Values Part 2: What's Happening Beyond the North Coast'' (Vol. 27, No. 
4, 2001), states:

    The premier Oregon wine growing area is called the Dundee Hills 
* * * Vacant land values in the Dundee Hills have climbed from 
$8,000-$10,000 to $10,000-$15,000 per acre. But those prices drop 
dramatically as you head south toward Salem and the Polk County 
area, where values are probably half of the Dundee Hills levels.

    In addition, the revised petition contains an October 2001 Oregon 
Wine Magazine article (page 20) that describes a French-owned gravity-
fed winery, Domaine Drouhin, which ``clings to the heights of the 
Dundee Hills.'' The revised petition's remaining name evidence contains 
similar references to Dundee Hills.

Boundary Evidence

    According to the petition, the proposed Dundee Hills viticultural 
area's boundaries are based on a combination of geographical features, 
including elevation, terrain, climate, and soil, as well as the modern 
viticultural history of the area.
    The proposed area consists of a single, continuous uplifted 
landmass that rises above the surrounding valley floors. The petition 
states that the level lands along the Willamette River and its 
tributary, the Yamhill River, define the Dundee Hills to the east and 
south. Millican Creek, a southward flowing tributary of the Yamhill 
River, and a smaller drainage flowing north into Chehalem Creek, which 
empties into the Willamette River, border the hills to the west. The 
petition notes that the Chehalem Valley defines the hills' northern 
limits.
    The area's proposed boundary line is an irregular circle 
encompassing the Dundee Hills. The 200-foot contour line constitutes 
most of the proposed area's boundary line, which, the petition states, 
divides the base of the hills' slopes from the surrounding valley 
floors. On much of its western side, a roadway that varies between 200 
and 300 feet in elevation is used in lieu of the 200-foot elevation 
line, which, the petition notes, meanders far from the logical 
perimeter of the proposed viticultural area.
    Wine grapes planted in 1969 at Erath Vineyards produced 216 cases 
of Pinot noir in 1972, and, in 1971, five acres of Pinot noir grapes 
were planted at the Sokol Blosser vineyard, according to the petition. 
Statistics from the petition show the viticultural growth of the 
proposed Dundee Hills area:

                                     Viticulture Growth in Dundee Hills Area
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                                                             Decade        Decade        Decade
                                                           ending 1980   ending 1990   ending 2000   As of 2002
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Acreage.................................................           299           577         1,161         1,264
Vineyards...............................................            13            22            38            44
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Growing Conditions

    A combination of elevation, terrain, climate, and soil factors that 
contrast with the surrounding valley floors define the proposed 
viticultural area, according to the petition. As noted earlier, the 
200-foot contour line defines most of the boundary between the proposed 
Dundee Hills viticultural area and the surrounding, flatter valley 
floors. The petition proposes to use a roadway to mark much of the 
area's western boundary.
Elevation and Terrain
    The proposed area's elevation rises from the 200-foot contour line 
to the highest hill's peak of 1,067 feet. These heights contrast with 
the Chehalem and Willamette Valleys, which flank the north, east, and 
south sides of the proposed area. The petition states that the western 
boundary line, along Abbey and Kuehne Roads, is marked by a natural 
depression with drainage south to the Yamhill River via Millican Creek, 
while a smaller, unnamed drainage flows north into the Chehalem Valley.
    The proposed Dundee Hills viticultural area's topography consists 
of a north-south spine with ridges and small valleys on the east, south 
and west sides. This hilly area is above the Willamette and Chehalem 
Valleys' flood plains. Numerous small streams originate in the hills' 
higher elevations, according to the petitioner, and the proposed area 
is dotted with small reservoirs. Light-duty and unimproved dirt roads 
service the proposed area.
    The petition cites the 5th edition of the ``Geology of Oregon'' by 
Elizabeth

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and William Orr to explain that the geological history of the Dundee 
Hills area dates back 66 million years with the uplifting of the North 
American tectonic plate, which formed the Coast Range of mountains and 
the inland ridges and valleys. Lava flows, dating back 15 million 
years, pushed into the area from northeast Oregon, depositing Columbia 
River basalts and restructuring the landscape with hills and broken 
ridges, according to the petition.
    To the west, the Coast Range, a huge uplifted landmass paralleling 
the Pacific Ocean coastline, provides a rain shadow for the Dundee 
Hills proposed viticultural area, according to the petition. The 
Yamhill-Carlton area is between the petitioned area and the Coast 
Range, to the immediate northwest and west of the Dundee Hills area. 
The petition notes that the Yamhill-Carlton area has small uplifted 
slopes that drain entirely into the Yamhill River system, while only 
the west side of the Dundee Hills area drains into this watershed.
    To the north, the petition states that the Chehalem Mountains, with 
an east to west orientation, have a large footprint covering more land 
surface area than the proposed viticultural area. Taller than the 
Dundee Hills, these mountains provide some protection to the petitioned 
area from climatic extremes created by the Columbia River Gorge to the 
north.
    The petition also explains that to the east and immediate south of 
the proposed area, the lower-elevation Willamette Valley floor has 
different growing conditions and is subject to standing water in the 
winter and spring.
    The petitioner adds that the Eola Hills, 20 miles south of the 
proposed Dundee Hills viticultural area, have a north-south 
orientation, a large footprint, and a strong marine climate. The Van 
Duzer Corridor, a mountain gap in the Coast Range, pushes the cooling 
marine summer breezes inland toward the Eola Hills area and Salem, 
Oregon.
Climate
    The petition also examines the differences in climate between the 
proposed Dundee Hills viticultural area and the surrounding regions. 
The petition states that the Dundee Hills is a foothill area protected 
from great climatic variations, with warmer nights and less frost than 
the adjacent valley floors. The mountain ranges to the west and north 
lessen the climatic effect of the strong Pacific Ocean winds and 
storms. These mountain ranges also lessen the influence of the Columbia 
River Gorge effect.
    In examining these climatic differences, the petition notes, for 
example, that the proposed Dundee Hills viticultural area lies in the 
rain shadow of the Coast Range. The proposed viticultural area receives 
30 to 45 inches of rain annually, while the Coast Range annually 
receives 90 to 135 inches, about three times as much rain as the 
proposed area. The Coast Range is also cooler in the summer and warmer 
in the winter, the petition comments, based on its proximity to the 
Pacific Ocean's marine influence. It also states that this mountain 
range buffers the proposed area from the Pacific Ocean's heavy rainfall 
pattern, windy storms, and temperature-moderating marine influence.
    The Yamhill-Carlton area is located between the Coast Range and the 
Dundee Hills proposed viticultural area. This district averages 60 
inches of annual precipitation, has 150 fewer degree-growing days, and 
receives a stronger marine influence, with more wind and rainfall, than 
the proposed Dundee Hills viticultural area, according to the 
petitioner.
    The petition also explains that the Columbia River Gorge funnels 
cold air in the winter, and warm air in the summer, into the Willamette 
Valley area from the interior of northern Oregon. With the Chehalem 
Mountains standing between the Columbia River Gorge and the proposed 
Dundee Hills viticultural area, the petition notes that these large 
mountains protect the petitioned area from the climatic influences of 
the Columbia River Gorge weather effect.
    In addition, the petitioner states that the Willamette Valley 
floor, to the east and south of the Dundee Hills area, has seasonal fog 
and frost. Cool night air drains from the higher elevation hillsides 
onto the valley floor, creating fall and spring fog and frost.
    The petition also explains that the Eola Hills, 20 miles to the 
south, receive a strong cooling marine influence that pushes inland 
from the Pacific Ocean through the Van Duzer Corridor, an opening in 
the Coast Range. This marine effect loses most of its cooling benefit 
before reaching north to the proposed Dundee Hills area, according to 
the petition.
Soils
    The petition relies on the ``Soil Survey of the Yamhill Area, 
Oregon,'' issued by the U.S. Department of Agriculture's Soil 
Conservation Service in January 1974 for its evidence regarding the 
proposed viticultural area's soils. The petition states that the 
reddish color in the proposed area's soil is derived from the Columbia 
River basalt lavas, including the Jory soil series that covers 
approximately 80 percent of the proposed area. These lava-based soils 
decompose quickly with the high rain levels of the northwest Oregon 
area and produce the Jory series reddish silt, clay, and loam soils. 
This soil series, found predominantly on the Dundee Hills's eastern 
side, is moderately fertile and well-drained, with slight to moderate 
erosion levels, according to the petition.
    The petition adds that the west side of the proposed viticultural 
area, with its steeper slopes, is primarily covered by the sedimentary-
derived Willakenzie soil series. This series is categorized as well 
drained with moderate to high erosion levels. A smaller amount of the 
Jory series exists on the area's western side where the Columbia River 
lava flows cover the sedimentary formations, the petition notes.
    The petition states that, outside the petitioned area's boundaries, 
the soils of the Coast Range, the Yamhill-Carlton area, the Chehalem 
Mountains, the Willamette Valley floor, and the Eola Hills contrast 
with the soils found within the proposed Dundee Hills viticultural 
area. The petition explains that the Coast Range to the west has marine 
volcanic and sediment soils, with high water holding capacity silts and 
basalt layers sandwiched between marine sediments. The Yamhill-Carlton 
area, to the west and northwest, has soils derived from marine 
sediments and ocean floor volcanic basalt with high water holding 
capacity. The Chehalem Mountains, to the north and northeast, have the 
Columbia River basalt, ocean sedimentation, and wind-blown loess 
derivation soil types. The Willamette Valley floor, to the east and 
south, has deep, alluvial soils with high water holding capacity. The 
Eola Hills area, to the south, has predominantly Gelderman and Ritner 
basalt soil series that are characterized by their low water holding 
capacity, slow permeability, and moderate erosion level.

Boundary Description

    The proposed Dundee Hills viticultural area covers 6,490 acres, of 
which 1,264 acres are planted to wine grapes. It is located entirely 
within the established Willamette Valley viticultural area and Yamhill 
County, Oregon. The area is west of the town of Newberg, approximately 
28 miles southwest of Portland and 40 miles east and inland from the 
Pacific Ocean coastline. Portions of the townships of Dundee and 
Lafayette are included within the proposed area where the 200-

[[Page 48842]]

foot contour line crosses their boundaries of incorporation.
    Oregon State Route 99W, a heavy-duty road to the east and south, 
and State Route 240, a medium-duty road to the north, are generally 
outside the proposed boundary line, but occasionally cross into the 
proposed Dundee Hills viticultural area. See the narrative boundary 
description in the proposed regulation below.

Maps

    The USGS maps required for determining the boundary of the proposed 
Dundee Hills viticultural area are: (1) Dundee Quadrangle, Oregon, 7.5 
Minute Series, 1956, revised 1993; (2) Newberg Quadrangle, Oregon, 7.5 
Minute Series, 1961, photorevised 1985; and (3) Dayton Quadrangle, 
Oregon, 7.5 Minute Series, 1957, revised 1992. The petitioner submitted 
the required maps, and we list them in the proposed regulation below.

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 your name 
and mailing address, reference this notice number, and 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 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 [email protected]. 
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/. Select ``Send comments via e-mail'' 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.

Disclosure

    You may view copies of the petition, the proposed regulation, the 
appropriate maps, and any comments received by appointment at the ATF 
Reference Library, 650 Massachusetts Avenue, NW., Washington, DC 20226. 
You may also obtain copies at 20 cents per 8.5-x 11-inch page. Contact 
the ATF Librarian at the above address or telephone 202-927-7890 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. All posted comments will show the names 
of commenters but not street addresses, telephone numbers, or e-mail 
addresses. We may also omit voluminous attachments or material that we 
consider unsuitable for posting. In all cases, the full comment will be 
available in the TTB Reference Library. To access the online copy of 
this notice, visit http://www.ttb.gov/alcohol/rules/ and 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 proposed regulation, if adopted, will not have 
a significant economic impact on a substantial number of small 
entities. This proposed regulation imposes no new reporting, 
recordkeeping, or other administrative requirement. Any benefit derived 
from the use of a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires 
no regulatory assessment.

Drafting Information

    The principal author of this document is N.A. Sutton (Oregon), 
Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade 
Bureau.

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, Code of Federal Regulations, Part 9, American Viticultural 
Areas, 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. Subpart C is amended by adding Sec.  9.-------- to read as 
follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.--------  Dundee Hills.

    (a) The name of the viticultural area described in this section is 
``Dundee Hills''.
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Dundee Hills viticultural area are three 1:24,000 
Scale U.S.G.S. topography maps. They are titled:
    (1) Dundee Quadrangle, Oregon, 1956, revised 1993;
    (2) Newberg Quadrangle, Oregon, 1961, photorevised 1985;
    (3) Dayton Quadrangle, Oregon, 1957, revised 1992.
    (c) Boundaries. The Dundee Hills viticultural area is located 
entirely within the Willamette Valley viticultural area and Yamhill 
County, Oregon, near the town of Newberg.
    (1) Beginning on the Dundee Quadrangle map at the intersection of 
the 200-foot contour line with Kuehne Road at the common boundary line 
of Section 47 and 48, T3S, R3W, proceed east, followed by south, along 
the

[[Page 48843]]

meandering 200-foot contour line, crossing over to and back off the 
Newberg Quadrangle map, and then cutting diagonally southwest through 
Dundee township to Hess Creek, Section 34, T3S, R3W (Dundee 
Quadrangle); then
    (2) Proceed south, followed by west and then northeast, along the 
meandering 200-foot contour line, twice crossing over to and back off 
the Dayton Quadrangle map, to its intersection with Abbey Road after 
the 200-foot contour line passes a quarry and crosses the two forks of 
Millican Creek in Section 52, T3S, R3W (Dundee Quadrangle); then
    (3) Proceed generally north on Abbey Road to Kuehne Road and follow 
Kuehne Road northeast, returning to the point of beginning.

    Signed: August 5, 2003.
Arthur J. Libertucci,
Administrator.
[FR Doc. 03-20914 Filed 8-14-03; 8:45 am]
BILLING CODE 4810-31-P