[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Proposed Rules]
[Pages 54696-54700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23887]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 17]
RIN: 1513-AA75


Proposed Southern Oregon Viticultural Area (2002R-338P)

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 Southern Oregon viticultural area in portions of Douglas, 
Jackson, and Josephine Counties in southwestern Oregon. The proposed 
area encompasses the established Applegate Valley, Rogue Valley, and 
Umpqua Valley viticultural areas. We designate viticultural areas to 
allow bottlers to better describe the origin of wines and to allow 
consumers to better identify the wines they may purchase. We invite 
comments on this proposed addition to our regulations. We particularly 
invite comments from industry members whose labels may be affected by 
this proposed area's establishment.

DATES: We must receive written comments on or before November 17, 2003.

ADDRESSES: You may send comments to any of the following addresses:
    [sbull] Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 50221, Washington, DC 20091-0221 
(Attn: Notice No. 17);
    [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 the proposed regulations and any comments 
received about this notice online at http://www.ttb.gov and 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 for submitting comments and for 
information on how to request a public hearing.

FOR FURTHER INFORMATION CONTACT: Nancy Sutton, TTB Specialist, 
Regulations and Procedures Division (Oregon), Alcohol and Tobacco Tax 
and Trade Bureau, 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 misleading information on such labels. The FAA Act also 
authorizes the Secretary of the Treasury to issue regulations to carry 
out its provisions. The Secretary has delegated this authority to the 
Treasury Department's 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. These 
designations allow vintners and consumers to attribute a given quality, 
reputation, or other characteristic of a wine made from grapes grown in 
a viticultural area to the wine's geographic origin.

Establishment 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 of growing conditions, such as climate, soil, 
elevation, physical features, etc., which distinguish the proposed area 
from surrounding areas;
    [sbull] A description of the proposed viticultural area's specific 
boundaries, based on features found on United States Geological Survey 
(USGS)-approved maps; and
    [sbull] Copies of the appropriate USGS-approved map(s) with the 
boundaries prominently marked.

Impact on Current Wine Labels

    As appellations of origin, viticultural area names have geographic 
significance and, under the FAA Act, may not be used in a misleading 
manner on wine labels. Our 27 CFR part 4 label regulations prohibit the 
use of brand names with geographic significance on a wine unless the 
wine meets the appellation of origin requirements for the named area. 
The FAA Act and our regulations also prohibit the misleading use of a 
viticultural area name on a wine

[[Page 54697]]

label in a context other than an appellation of origin.
    If this proposed viticultural area is established, bottlers who use 
brand names, including trademarked names, similar to ``Southern 
Oregon'' must ensure that their existing products are eligible to use 
the viticultural area's name as an appellation of origin. For a wine to 
be eligible, at least 85 percent of the grapes in the wine must have 
been grown within the viticultural area, and the wine must meet the 
other requirements of 27 CFR 4.25a(e)(3). If a wine is not eligible for 
the appellation, the bottler must change the brand name or other label 
reference and obtain approval of a new label. Different rules apply if 
a wine in this category has a brand name used on a label approved prior 
to July 7, 1986. See 27 CFR 4.39(i) for details.

Southern Oregon Petition

General Background

    TTB has received a petition from Mr. H. Earl Jones, a winemaker, 
and Dr. Gregory V. Jones, an associate professor of geography, 
requesting establishment of a new viticultural area to be called 
``Southern Oregon.'' Located between the Coast Range and the Cascade 
Mountains, the proposed area covers portions of Douglas, Jackson, and 
Josephine Counties in southwestern Oregon. Beginning about 25 miles 
south of Eugene, the proposed area stretches about 125 miles south to 
the California State line and is 60 miles wide at its widest point. The 
proposed area covers approximately 2,001,430 acres and includes the 
cities of Sutherlin, Roseburg, Grants Pass, Medford, and Ashland, 
Oregon.
    The proposed Southern Oregon viticultural area encompasses the 
established Umpqua Valley (27 CFR 9.89) and Rogue Valley (27 CFR 9.132) 
viticultural areas. A third established viticultural area, Applegate 
Valley (27 CFR 9,165), is entirely within the Rogue Valley area. As of 
2002, there are at least 120 vineyards, totaling over 3,000 acres 
currently planted, and 17 commercial wineries within the proposed 
area's boundaries.
    According to the petition, the proposed Southern Oregon 
viticultural area contains a series of high intermountain valleys that 
share a warm, sunny, arid climate and contain old, complex soils 
derived from bedrock. These growing conditions, the petition notes, 
produce a wide range of vinifera grapes in vineyards typically situated 
in the proposed area's higher elevations. The petition also states that 
these features make warm climate viticulture possible in Southern 
Oregon and distinguish it from surrounding areas such as the Willamette 
Valley to the north, the Pacific coastal regions to the west, and the 
region east of the Cascade Mountains.

Viticultural History

    According to the petition, grapes have been grown in Southern 
Oregon since 1852 when Peter Britt operated a winery in Jacksonville, 
Oregon, that produced wine for local miners. Shortly thereafter, Jesse 
Applegate planted some 1,200 grape vines in Umpqua, Oregon. Modern day 
viticulture began in 1959 when Richard Summers founded Hillcrest 
Vineyard and produced 230 gallons of Riesling. The early 1970s saw the 
establishment of vineyards in the Umpqua and Rogue valleys by the Henry 
Estate Winery, Girardet Wine Cellars, and the Valley View Winery. Since 
then, plantings have continued within the proposed area and now total 
at least 120 vineyards covering some 3000 acres. As noted above, the 
proposed area encompasses three established viticultural areas, Umpqua 
Valley, Rogue Valley and Applegate Valley, and contains 17 commercial 
wineries.

Name Evidence

    The petition asserts the state of Oregon is physically and 
culturally divided into five main regions: (1) The coastal zone (all 
lands west of the Coastal Ranges to the Pacific Ocean), (2) the 
Willamette Valley (the largely urbanized areas extending from Eugene 
northward to Portland), (3) the Cascades (the spine of Oregon's 
dominant mountain chain), (4) Eastern Oregon (all lands from the 
Cascades eastward to Idaho border), and (5) Southern Oregon (the 
intermountain valleys south of Eugene to the California state line.) 
Further, the petition suggests that Oregonians are sharply divided by 
and largely identify with these naturally occurring geographic regions 
of the State.
    As evidence for the proposed area's suggested name, the petition 
cites ``The Encyclopedia of Oregon's'' definition of ``Southern 
Oregon'' as ``extending from the Calapooya Mountains southward to the 
[California] State line between the Cascades and the Coast Range.'' The 
petition also states that geographical references to Southern Oregon 
are found in multiple business page listings in the telephone books of 
Douglas, Jackson, and Josephine counties. Telephone books from Klamath 
Falls and Lakeview, however, indicate that the region east of the 
proposed area is known as Central Oregon.
    Moreover, the petition also claims that wine industry publications 
such as Wine Business Monthly and Northwest Palate magazines, refer to 
wine grape production in Jackson, Josephine, and Douglas counties as 
``Southern Oregon.'' Finally, the petitioner believes that a ``Southern 
Oregon'' appellation will have more relevance to consumers since it 
better describes the true origin of the area's wines and helps 
distinguish them from Willamette Valley wines, which, the petition 
notes, are significantly different.

Boundary Evidence

    The proposed Southern Oregon viticultural area encompasses three 
existing approved viticultural areas (Umpqua Valley, Rogue Valley, and 
Applegate Valley) and a connecting valley corridor of similar 
viticultural potential. The boundaries of the three viticultural areas 
are well established and clearly documented in 27 CFR part 9; there 
will be no changes in their boundaries.
    Within the proposed Southern Oregon area, the only land added to 
the three established viticultural areas is a 12-by 17-mile north-south 
connecting corridor in Douglas County joining the Umpqua Valley area 
with the Rogue Valley area. The petitioner used a series of township 
and range lines to define the boundaries of the connecting corridor, 
which is roughly centered on Interstate 5 between Canyonville and 
Glendale Junction. The petition states that the new connecting corridor 
has the same physical features as the established areas to its north 
and south. The corridor includes, for example, a portion of the Cow 
Creek drainage, a tributary of the South Umpqua River.
    The petition notes that the proposed area's boundaries are based on 
a combination of climate, terrain, and soil factors that contrast with 
the nearby Willamette Valley, coastal, and Eastern Oregon regions. The 
viticultural features of the proposed area, the petition adds, allow 
Southern Oregon to enjoy the unique position of producing both warm and 
cool climate wine grape varietals of excellent quality.

Growing Conditions

Topography
    The petition states that the proposed Southern Oregon area contains 
a varied, mountainous topography with vineyards typically situated in 
high mountain valleys. The southern coastal mountains, in particular 
the Klamaths, form a natural barrier to the proposed area's west. These 
lofty coastal mountains reach 2,500 feet in elevation

[[Page 54698]]

north of Roseburg and rise to more than 5,000 feet near the California 
border. This high mountain barrier prevents marine air from freely 
moving inland into the proposed area. This mountain barrier also casts 
an ever-larger rain shadow to the proposed area's south and east.
    In contrast, according to the petition, the cooling effect of 
maritime weather systems flowing east from the Pacific Ocean through 
the Van Duzer Corridor, a gap in the Coast Range, greatly affect the 
Willamette Valley area to the proposed area's north. This contrast 
becomes more apparent, the petition states, as one travels from the 
north into Southern Oregon since each succeeding valley lies at a 
higher elevation. Most Willamette Valley vineyards lie only a few 
hundred feet above sea level, while many vineyards in the Umpqua Valley 
are above 1,000 feet, and those in the Rogue Valley are typically at 
elevations of 1,200 feet to 2,000 feet.
Soils
    The petition states the soils of the proposed Southern Oregon area 
evolved slowly from ancient rocks with little contribution from more 
recent silts and sediments, like those that formed the Willamette soils 
to the north. Specifically, the petitioner provided reference material 
that suggests the soils in the proposed Southern Oregon viticultural 
area come mainly from the 200 million year-old Klamath Mountains, which 
lie to the area's west. These ancient mountains, which extend up from 
California to the latitude of Roseburg, OR, are comprised of 
sedimentary rocks. Over time, the petition notes, a slow and complex 
geologic process crushed, metamorphosed, and modified these rock 
substrates.
    In contrast, the petition asserts that the Willamette Valley formed 
in recent geologic time (25 million years ago) as an extension of the 
ocean or perhaps as multiple interconnected bays, which gradually 
filled with sediments and occasional basalt lava flows. The glacial 
Lake Missoula flood also deposited silts and sediments in the 
Willamette Valley, which help explains much of its flatness. The 
petition also indicates that the Pacific coastal zone's soils differ 
from Southern Oregon's soils since they are more highly weathered and 
consist of a mix of soils from older volcanoes and accreted terrains of 
oceanic crust. The soils found in the Cascade Mountains and eastward, 
which vary from mostly young volcanic soils to arid desert and prairie 
soils, also differ from those found in the proposed area.
Temperature
    According to the petition, the proposed Southern Oregon 
viticultural area provides the warmest growing conditions in the state 
of Oregon and allows the practice of ``warm climate viticulture.'' This 
is significant, the petition asserts, because of the dramatic impact a 
warm growing season has on harvest date, fruit quality, and varieties 
of grapes grown. The petition notes the 1999 Oregon Agricultural 
Statistics report showed that 99% of the Merlot grapes and 82% of the 
Cabernet Sauvignon grapes growing in Oregon were found in Umpqua and 
Rogue Valley vineyards. Despite the demonstrated ability of the Rogue 
and Umpqua Valleys to produce warm climate grapes, the petition also 
notes that many growers search out cool microclimates within Southern 
Oregon's many and varied hillsides and valleys. This places the 
proposed area in the unique position of being able to produce both warm 
and cool climate wine grape varieties, according to the petitioners.
    The petition states that the general climate structure in Southern 
Oregon is much different than that in the surrounding areas. For 
example, the proposed area averages 2,508 growing degree days with an 
average growing season temperature of 61 degrees. By contrast, the 
coastal region averages 1,369 degree days and an average growing season 
temperature of 56 degrees, the Willamette Valley averages 2,034 degree 
days and a growing temperature of 59 degrees, while Eastern Oregon 
averages 1,625 degree days and a growing temperature of 55.5 degrees.
    In addition, the petition relates that the climate of the 
Willamette Valley is cooler and wetter than that of Southern Oregon, 
while the coastal area, despite having the longest growing season, does 
not accumulate enough heat to ripen most grape varieties and, due to 
high rainfall amounts, subjects grapes to risk of mildew and botrytis. 
Finally, the Eastern Oregon region exhibits a cooler and shorter 
growing season climate due to its elevation and distance from the 
Pacific Ocean. The cold winters east of the Cascades leave vines 
vulnerable to frost kill, and the short growing season is insufficient 
to ripen fruit. Harvest time in the proposed Southern Oregon area, the 
petition states, may start up to 10 days earlier than in the Willamette 
Valley for identical varieties such as Pinot Noir and Pinot Gris. 
Further, varieties such as Cabernet Sauvignon and Merlot will ripen up 
to 3 weeks earlier in Southern Oregon than they would in the Willamette 
Valley, if they ripen at all, according to the petition.
Rainfall
    The petitioner states that the proposed Southern Oregon 
viticultural area receives significantly less rainfall than the coastal 
region (about 140% less on average) to its east and 40% less than the 
Willamette Valley to its north. Annual rainfall averages 35 inches in 
the Rogue Valley and 32 inches in the Umpqua Valley. By comparison, the 
Coastal Range, and Willamette Valley, average 77 and 47 inches of 
annual rainfall, respectively, while eastern Oregon averages 20 inches 
of annual perception.

Maps and Boundary Description

    See the list of maps and the narrative boundary description for the 
petitioned viticultural area in the proposed regulation published at 
the end of this notice.

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 be legible, 
reference this notice number, and include your name and mailing 
address.
    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.

Comment Confidentiality

    We do not recognize any comments or other submitted material as 
confidential. All comments are part of the public record and are 
subject to disclosure. Do not enclose in your comments any material you 
consider confidential or inappropriate for disclosure.

Where Should I Submit Comments?

    You may submit comments:
    [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 access to 
our fax 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--

[[Page 54699]]

    (1) Contain your e-mail address;
    (2) Reference this notice number on the subject line; and
    (3) Be legible when printed on 8\1/2\ x 11-inch size paper.
    [sbull] By online form: We provide a comment form with the online 
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm. Select the ``Send comments via e-mail'' link under 
this notice number.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine, in light of all circumstances, whether a public hearing 
will be held.

Public Disclosure

    You may inspect copies of the petition, the proposed regulations, 
the appropriate maps, and any written comments received by appointment 
at the TTB Reference Library, Room 6480, 650 Massachusetts Avenue, NW., 
Washington, DC 20226. You may also obtain copies at 20 cents per page. 
Contact the ATF Librarian at the above address or telephone 202-927-
7890 to schedule an appointment or to request copies of the comments or 
other documents.
    For your convenience, we will post comments received in response to 
this notice on the TTB Web site. All comments posted on our Web site 
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 ATF Reference Library. To see the 
online copy of this notice, visit http://www.ttb.gov/alcohol/rules/index.htm. Select the ``View Comments'' link under this Notice number 
to view the posted comments.

Regulatory Analyses and Notices

Paperwork Reduction Act

    We propose no requirement to collect information. Therefore, the 
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and 
its implementing regulations, 5 CFR part 1320, do not apply.

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires an 
agency to conduct a regulatory flexibility analysis on any proposed 
rule that may have a significant economic impact on a substantial 
number of small entities. 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 requirements.
    The establishment of viticultural areas represents neither our 
endorsement nor approval of the quality of wine made from grapes grown 
in the areas. The use of viticultural names as appellations of origin 
merely allow vintners to better describe the origin of their wines to 
consumers and helps consumers identify the wines they purchase. Thus, 
any benefit derived from using a viticultural area name results from a 
proprietor's own 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. Accordingly, no regulatory assessment 
is required.

Drafting Information

    The principal author of this document is Bernard J. Kipp, 
Regulations and Procedures Division (Portland, Oregon), Alcohol and 
Tobacco Tax and Trade Bureau.

List of Subjects in 27 CFR Part 9

    Wine.

Authority and Issuance

    For the reasons stated in the preamble, the Alcohol and Tobacco Tax 
and Trade Bureau proposes to amend title 27, chapter I, part 9, Code of 
Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

    1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

    2. Subpart C is amended by adding section 9.-------- to read as 
follows:

Subpart C--Approved American Viticultural Areas

* * * * *


Sec.  9.--------  Southern Oregon

    (a) Name. The name of the viticultural area described in this 
section is ``Southern Oregon''.
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Southern Oregon viticultural area are 2 USGS, 
1:250,000 scale topographic maps. They are:
    (1) Roseburg, Oregon--1958, revised 1970;
    (2) Medford, Oregon; California--1955, revised 1976.
    (c) Boundaries. The Southern Oregon viticultural area is located 
entirely within Douglas, Jackson, and Josephine Counties, Oregon. The 
beginning point is the intersection of Interstate Highway 5 with the 
Douglas/Lane County line in Township 21 South (T21S), Range 4 West 
(R4W) on the ``Roseburg'' map.
    (1) From the beginning point, the boundary proceeds north along the 
Douglas/Lane County line approximately 0.5 miles to the 1,000-foot 
contour line;
    (2) Then northwest along the 1,000-foot contour line to the 
Douglas/Lane County line; then west along the Douglas/Lane County line 
approximately 2.5 miles, returning to the 1,000-foot contour line; then 
in a generally westerly direction along the 1,000-foot contour line to 
its first intersection with the R9W/R10W range line;
    (3) From that point, continue along the 1,000-foot contour line, 
crossing the R9W/R10W range line four more times; then proceed south 
along the R9W/R10W range line approximately 2.75 miles to the center of 
the Umpqua River; then along a straight line in an easterly direction 
approximately 6.25 miles to the intersection of range line R8W/R9W with 
the center of the Umpqua River; then south along range line R8W/R9W 
approximately 3.5 miles to its intersection with township line T22S/
T23S;
    (4) Then southeast approximately 8.5 miles along a straight line to 
the intersection of township line T23S/T24S with range line R7W/R8W; 
then south along the R7W/R8W range line approximately 8 miles to its 
intersection with the 1,000-foot contour line; then in a southeasterly 
direction in a straight line approximately 3.5 miles towards the 
intersection of township line T25S/T26S with range line R6W/R7W, but 
stopping short at the 1,000-foot contour line;
    (5) Then in a southerly direction along the 1,000-foot contour line 
to the intersection of township line T27S/T28S with range line R7W/R8W; 
then in a southwesterly direction in a straight line approximately 3.5 
miles toward the intersection of township line T28S/T29S with range 
line R8W/R9W, but stopping short and returning to the 1,000-foot 
contour line near the center of T28S/R8W; then generally south along 
the 1,000-foot contour line to its intersection with township line 
T29S/T30S;
    (6) Then east along township line T29S/T30S approximately 0.33 
miles, rejoining the 1,000-foot contour line; then in a northerly and 
eventually a southerly direction along the 1,000-foot

[[Page 54700]]

contour line, passing onto the Medford map, and past the town of Riddle 
to range line R6W/R7W; then south along the R6W/R7W range line 
approximately 15 miles to the Josephine County/Douglas County line; 
then in a general northeasterly direction along the Josephine County/
Douglas County line to its intersection with Interstate 5 approximately 
1.3 miles south of Cow Creek ;
    (7) Then the boundary proceeds southerly and southwesterly along 
southbound Interstate 5 to its junction with Wolf Creek and then north 
about 500 feet to the Southern Pacific Railway line; then westerly and 
southerly out of the town of Wolf Creek along the Southern Pacific 
Railway line to the rail line's intersection with Hugo Road at the town 
of Hugo; then southwesterly along Hugo Road to the point where Hugo 
Road crosses Jumpoff Joe Creek; then westerly and down stream along 
Jumpoff Joe Creek to the intersection of Jumpoff Joe Creek and the 
Rogue River;
    (8) Then northwesterly and down stream along the Rogue River to the 
first point where the Wild and Scenic Rogue River designated area 
touches the easterly boundary of the Siskiyou National Forest just 
south of Galice;
    (9) Then in a generally southwesterly direction (with many 
diversions) along the easterly border of the Siskiyou National Forest 
to the 42 degree 0 minute latitude line; then easterly along the 
42[deg] 0' north latitude line to the point where the Siskiyou National 
Forest boundary again crosses into Oregon approximately 1 mile east of 
U.S. Highway 199;
    (10) Then in a generally northeasterly direction and then in a 
southeasterly direction (with many diversions) along the northern 
boundary of the Siskiyou National Forest to the point where the 
Siskiyou National Forest touches the Rogue River National Forest at Big 
Sugarloaf Peak;
    (11) Then in a generally easterly direction (with many diversions) 
along the northern border of the Rogue River National Forest to the 
point where the Rogue River National Forest intersects with Slide Creek 
approximately 6 miles southeast of Ashland;
    (12) Then southeasterly and northeasterly along Slide Creek to the 
point where it intersects State Highway 273; then northwesterly along 
State Highway 273 to the point where it intersects State Highway 66; 
then in an easterly direction approximately 5 miles along State Highway 
66 to the east line of Township 39 South, Range 2 East (T39S, R2E);
    (13) Then following the east line of T39S, R2E, in a northerly 
direction to the northeast corner of T39S, R2E; then westerly 
approximately 5 miles along the north line of T39S, R2E, to the 2,600 
foot contour line; then in a northerly direction following the 2,600 
foot counter line across Walker Creek and then in a southwesterly 
direction to the point where the 2,600 foot contour line touches the 
east line of T38S, R1E;
    (14) Then northerly along the east line of T38S, R1E, to the 
northeast corner of T38S, R1E;
    (15) Then westerly along the north line of T38S, R1E, to the 
northwest corner of T38S, R1E;
    (16) Then northerly along the west line of T37S, R1E, to the 
northwest corner of T37S, R1E;
    (17) Then easterly along the north lines of T37S, R1E, and T37S, 
R2E, to the southeast corner of T36S, R2E;
    (18) Then northerly along the east line of T36S, R2E, to the 
northeast corner of T36S, R2E;
    (19) Then westerly along the north line of T36S, R2E, to the 
northwest corner of T36S, R2E;
    (20) Then northerly along the east line of T35S, R1E, to the 
northeast corner of T35S, R1E;
    (21) Then westerly along the north line of T35S, R1E, to the 
northwest corner of T35S, R1E;
    (22) Then northerly along the east line of T34S, R1W, to the 
northeast corner of T34S, R1W;
    (23) Then westerly along the common boundary line of T34S/T33S to 
the northwest corner of T34S, R5W;
    (24) Then northerly along the west line of T33S, R5W, to the 
Josephine County/Douglas County line; thence in a generally east, 
northeasterly direction along the Josephine County/Douglas County line 
to the intersection of R3W/R4W range line; thence north along the R3W/
R4W range line approximately 11.8 miles to the 1,000-foot contour line 
just south of State Road 227 southeast of the town of Days Creek;
    (25) Then in an easterly, westerly, and eventually a northerly 
direction along the 1,000-foot contour line to a point approximately 
3.5 miles east of Dillard, where the contour line crosses Interstate 
Highway 5 on the ``Roseburg'' map; thence northeast along Interstate 
Highway 5 approximately 0.25 mile, returning to the 1,000-foot contour 
line; thence in a generally northeasterly, southeasterly, 
northwesterly, and eventually a northeasterly direction along the 
1,000-foot contour line past the town of Idleyld Park to the R2W/R3W 
range line;
    (26) Then north along range line R2W/R3W approximately 1.75 miles 
to the T25S/T26S township line; thence west along township line T25S/
T26S approximately .25 mile, returning to the 1,000-foot contour line; 
thence in a generally westerly and then a northerly direction along the 
1,000-foot contour line up the valley of Calapooya Creek to the R3W/R4W 
range line; thence north along range line R3W/R4W approximately 2.25 
miles, back to the 1,000-foot contour line;
    (27) Then in a westerly and then a northerly direction along the 
1,000-foot contour line to the T23S/T24S township line, then east along 
the T23S/T24S township line approximately 2.75 miles to the 1,000-foot 
contour line; then in a northerly direction along the 1,000-foot 
contour line to its intersection with the Douglas/Lane County line; 
thence north along the Douglas/Lane County line approximately 0.75 mile 
to the point of beginning.

    Signed: September 2, 2003.
John J. Manfreda,
Acting Administrator.
[FR Doc. 03-23887 Filed 9-17-03; 8:45 am]
BILLING CODE 4810-31-P