[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Proposed Rules]
[Pages 57845-57850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25373]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 19]
RIN: 1513-AA59


Proposed Establishment of the Yamhill-Carlton District 
Viticultural Area (2002R-216P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the ``Yamhill-Carlton District'' viticultural area in 
northwest Oregon. The proposed area is located within the approved 
Willamette Valley viticultural area. We designate viticultural areas to 
allow bottlers to better describe the origin of wines and allow 
consumers to better identify the wines they may purchase. We invite 
comments on this proposed addition to our regulations, particularly 
from bottlers who use brand names similar to ``Yamhill-Carlton 
District.''

DATES: We must receive written comments on or before December 8, 2003.

ADDRESSES: You may send comments to any of the following addresses--
    [sbull] Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 50221, Washington, DC 20091-0221 
(Attn: Notice No. 19);
    [sbull] 202-927-8525 (facsimile);
    [sbull] [email protected] (e-mail);
    [sbull] http://www.ttb.gov/alcohol/rules/index.htm. An online 
comment form is posted with this notice on our Web site.
    You may view copies of this notice, the petition, the appropriate 
maps, and any comments received about this notice by appointment at our 
library, 1310 G Street NW., Washington, DC 20202; telephone 202-927-
8210 for an appointment. You may also access copies of the notice and 
comments online at http://www.ttb.gov/alcohol/rules/index.htm.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments and for 
information on how to request a public hearing.

FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Specialist, Regulations 
and Procedures Division (Oregon), Alcohol and Tobacco Tax and Trade 
Bureau, 946 Northwest Circle Blvd., 286, Corvallis, OR 97330; 
telephone 415-271-1254.

SUPPLEMENTARY INFORMATION:

Homeland Security Act Impact on Rulemaking

    Effective January 24, 2003, the Homeland Security Act of 2003 
divided the Bureau of Alcohol, Tobacco and Firearms (ATF) into two new 
agencies, the Alcohol and Tobacco Tax and Trade Bureau (TTB) in the 
Department of the Treasury and the Bureau of Alcohol, Tobacco, Firearms 
and Explosives in the Department of Justice. Regulation of alcohol 
beverage labels, including viticultural area designations, is the 
responsibility of the new TTB. References to ATF in this document 
relate to events that occurred prior to January 24, 2003, or to 
functions that the Bureau of Alcohol, Tobacco, Firearms and Explosives 
continues to perform.

[[Page 57846]]

Background on Viticultural Areas

TTB Authority

    The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 
205(e) requires that alcohol beverage labels provide the consumer with 
adequate information regarding a product's identity, while prohibiting 
the use of misleading information on such labels. The FAA Act also 
authorizes the Secretary of the Treasury to issue regulations to carry 
out the Act's provisions, and the Secretary has delegated this 
authority to the Alcohol and Tobacco Tax and Trade Bureau.
    Regulations in 27 CFR Part 4, Labeling and Advertising of Wine, 
allow the establishment of definitive viticultural areas and the use of 
their names as appellations of origin on wine labels and in wine 
advertisements. Title 27 CFR Part 9, American Viticultural Areas, 
contains the list of approved viticultural areas.

Definition

    Title 27 CFR 4.25(e)(1) defines an American viticultural area as a 
delimited grape-growing region distinguishable by geographic features 
whose boundaries have been delineated in subpart C of part 9. These 
designations allow consumers and vintners to attribute a given quality, 
reputation, or other characteristic of wine made from grapes grown in 
an area to its geographic origin.

Requirements

    Section 4.25(e)(2) outlines the procedure for proposing an American 
viticultural area. Anyone interested may petition TTB to establish a 
grape-growing region as a viticultural area. The petition must 
include--
    [sbull] Evidence that the proposed viticultural area is locally or 
nationally known by the name specified in the petition;
    [sbull] Historical or current evidence that the boundaries of the 
proposed viticultural area are as specified in the petition;
    [sbull] Evidence of growing conditions, such as climate, soils, 
elevation, physical features, etc., that distinguish the proposed area 
from surrounding areas;
    [sbull] A description of the specific boundaries of the proposed 
viticultural area, based on features shown on United States Geological 
Survey (USGS) maps or USGS-approved maps; and
    [sbull] Copies of the appropriate map(s) with the boundaries 
prominently marked.

Impact on Current Wine Labels

    As appellations of origin, viticultural area names have geographic 
significance. Our 27 CFR part 4 label regulations prohibit the use of a 
brand name with geographic significance on a wine unless the wine meets 
the appellation of origin requirements for the named area. Our 
regulations also prohibit any other label references that suggest an 
origin other than the true place of origin of the wine.
    If we establish this proposed viticultural area, bottlers who use 
brand names, including trademarks like Yamhill-Carlton District, must 
ensure that their existing products are eligible to use the 
viticultural area's name as an appellation of origin. For a wine to be 
eligible, at least 85 percent of the grapes in the wine must have been 
grown within the viticultural area, and the wine must meet the other 
requirements of 27 CFR 4.25(e)(3). If a wine is not eligible for the 
appellation, the bottler must change the brand name or other label 
reference and obtain approval of a new label.
    Different rules apply to wines in this category that have brand 
names traceable to labels approved prior to July 7, 1986. See 27 CFR 
4.39(i) for details. In addition, if you use the viticultural area name 
on a wine label in a context other than an appellation of origin, the 
general prohibitions against misleading representation in 27 CFR part 4 
apply.

Yamhill-Carlton District Petition

General Background

    We have received a petition from Alex Sokol-Blosser, Secretary of 
the North Willamette Valley AVA Group, and Ken Wright, on behalf of the 
winegrowers of the proposed Yamhill-Carlton District, proposing a new 
viticultural area to be called the ``Yamhill-Carlton District.'' The 
proposed viticultural area, which is limited to lands at or above 200 
feet in elevation and below 1,000 feet in elevation, is wholly within 
Yamhill and Washington Counties and also falls within the approved 
boundaries of the Willamette Valley viticultural area in northwest 
Oregon. It is located approximately 35 miles southwest of Portland, 
Oregon, and 25 miles inland from the Pacific Ocean. It includes a total 
of 20,900 acres. However, when the acreage below 200 feet in elevation 
and above 1,000 feet in elevation is subtracted, the total acreage 
included in the proposed American viticultural area is 8,500 acres. The 
petitioner decided to use soil and elevation and, to a lesser extent, 
climate, as the primary factors in defining the boundaries of the 
proposed area. At the time of this proposal, 26 known vineyards exist 
in the proposed American viticultural area, with approximately 650 
acres planted to grapes, with more added each year.
    The petitioner's proposal is unusual in that the proposed 
boundaries encompass land that will not be part of the proposed 
viticultural area. Land below 200 feet and above 1,000 feet will be 
excluded due to soil and climate differences with land between those 
elevations. A precedent does exist for such a viticultural area. Within 
the boundaries of the Mendocino Ridge viticultural area, only land at 
or above the 1200-foot elevation is included in the viticultural area 
(See 27 CFR 9.158 and T.D. ATF-392 at 62 FR 55512, October 27,1997). 
However, because of the unusual nature of such boundaries, TTB is 
particularly interested in public comments on the proposed Yamhill-
Carlton District boundaries. Specifically, does the evidence regarding 
elevation support the exclusion of some of the land lying within the 
proposed area's outer boundaries?

Name Evidence

    The petitioner indicates the area is locally known as the Yamhill-
Carlton District. The cities of Yamhill and Carlton, Oregon, are 3 
miles apart, lie at the center of the proposed viticultural area, and 
have had strong ties throughout their histories. Both were incorporated 
over 100 years ago and have existed as separate cities since that time. 
The hyphenated expression of the cities' names has been used since 1853 
with the establishment of the Yamhill-Carlton Pioneer Cemetery. Also, 
the Yamhill-Carlton Union High School has existed since the two high 
schools merged in 1955 and currently operates under supervision of the 
Yamhill-Carlton School District, which was formed in 1996. Further 
evidence of the ties between the two communities was a shared 
newspaper, the ``Carlton-Yamhill Review.'' The cities of Yamhill and 
Carlton, as well as the Yamhill-Carlton Pioneer Cemetery, are found 
within the boundaries of the USGS Carlton Quadrangle, 7.5 minute 
series, topographic map.

Boundary Evidence

    The petitioner submitted evidence that is based primarily on soil 
and elevation, and to a lesser extent, climate, as factors in defining 
the boundaries of the proposed area, as well as historical information 
relating to viticultural activity. The petitioner describes the 
proposed Yamhill-Carlton District as a south-facing bowl containing a 
series of horseshoe-shaped, eroded hills,

[[Page 57847]]

comprised of sedimentary parent material.
    The western boundary of the proposed area is based on the change of 
the sedimentary soils from the volcanic soils of the coastal range of 
hills. The higher elevations of the coastal hills to the west, 
generally ranging from 1,000-2,000 feet, are much cooler than the 
proposed area and have proven unsuitable for the production of vinifera 
varietals. At the southwestern boundary, the almost purely sedimentary 
parent material of the proposed Yamhill-Carlton District changes to a 
mix of basalt, slate, and sedimentary material. The southern boundary 
transitions to valley floor that contains deep soil comprised of 
Willamette silts. The frost-prone nature of this lower elevation area, 
combined with its high permeability and fertility, make it unsuitable 
for production of quality vinifera grape varieties. Abbey and Kuehne 
Roads serve as the eastern border of the proposed area and mark the 
change of sedimentary parent material to volcanic soil of the Red Hills 
of Dundee, as well as highlight a natural drainage between the two 
areas.
    Millican Creek drains along this boundary, flowing from north to 
south and eventually joining the Yamhill River near the town of 
Lafayette. The Chehalem Creek estuary is a vast drainage area that 
separates the proposed Yamhill-Carlton District from the Ribbon Ridge 
area (a spur of the Chehalem Mountains) to the east. While the two 
areas are both based on sedimentary material, the proposed Yamhill-
Carlton District sedimentary soil is generally coarser in texture and 
subject to more faulting, uplifts, and erosion than the soils of Ribbon 
Ridge.
    The Wapato Lake Bed serves as a large, low drainage area on the 
northeastern boundary of the proposed Yamhill-Carlton District, 
separating it from the Chehalem Mountains. The soils of these two areas 
are vastly different in that the proposed Yamhill-Carlton District is 
highly eroded sedimentary parent material while the Chehalem Mountains, 
which lie across the Wapato Lake Bed, are formed from wind-blown mixed 
material and overlying basalt. Finally, the northern border of the 
proposed area coincides with the vast low areas of Patton Valley with 
predominately wind-blown soil.
    Regarding historical evidence, two vineyards can lay claim to being 
first planted in the proposed Yamhill-Carlton viticultural area. In 
1974, Roy and Betty Wahle planted 8 acres of vinifera grapes comprised 
of Pinot Noir, Chardonnay, Riesling, and Gewurztraminer. That same 
year, Pat and Joe Campbell planted Elk Cove Vineyards, an 8-acre plot 
comprised of Pinot Noir and Chardonnay. The next significant era of 
planting occurred between 1989 and 1992. Doe Ridge Vineyard, McCrone 
Vineyard, Shea Vineyard, Stag Hollow Vineyard, and Willakenzie Estate 
combined to plant a total of 183 acres during this period.
    The first commercial wine from the proposed Yamhill-Carlton area 
was the 1977 Elk Cove Estate Pinot Noir. As of the date of this 
petition, 10 commercial wineries operate within the boundaries of the 
proposed area.

Growing Conditions

Distinctive Geographic Features
    The petitioner describes the proposed Yamhill-Carlton District 
viticultural area as a south-facing bowl consisting of a horseshoe-
shaped series of highly eroded hills comprised of sedimentary parent 
material bordered by a high-elevation coastal range to the west, a 
cooler maritime-influenced area to the south, and natural lowland 
drainage areas to the east and north. The soils contained in the 
proposed Yamhill-Carlton District differ from those in surrounding 
areas either by basic rock or age of the parent material.
Soil
    The petitioner states that the most significant feature that 
separates the proposed Yamhill-Carlton District from nearby grape-
growing regions is the predominance of ancient sedimentary soils. He 
believes these soils impart distinct and unique characteristics to the 
fruit they grow. Wines made from grapes grown in these sedimentary 
soils often contain distinct aromatic flavors (coffee, cocoa, anis, 
cedar, tobacco) not found in wines made from the same variety of fruit 
grown in different soils. Also the wines made from grapes grown in 
these sedimentary soils are consistently lower in acidity than wines 
made from grapes grown in basaltic or wind-blown soils.
    According to ``The Roadside Geology of Oregon'' (David Alt and 
Donald W. Hyndman), the soils of the proposed Yamhill-Carlton District, 
formed in the Eocene era, were derived from marine sediments and ocean 
floor volcanic basalt that have a high water-holding capacity with 
moderate to high erosion levels. A map prepared by Alan Campbell of NW 
Vineyards on the vineyard soils of Yamhill County shows that the 
western hills of the proposed Yamhill-Carlton District are comprised of 
two soils groups, Willakenzie on the lower elevation slopes and Peavine 
on the upper slopes. Peavine soils dominate the northern section of the 
proposed viticultural area, while the eastern slopes are comprised of 
Wellsdale and Willakenzie soil series. The petitioner states that the 
sedimentary soils of the proposed Yamhill-Carlton District are millions 
of years older than the soils in the surrounding areas.
    By contrast, the petitioner states that the Eola Hills (south of 
the proposed Yamhill-Carlton District), Chehalem Mountains (north and 
east of the proposed Yamhill-Carlton District), and Red Hills 
(southeast of the proposed Yamhill-Carlton District) are dominated by 
volcanic-based soils formed in the Miocene Era. The Eola Hills area has 
predominately basalt soil series (Neika, Gelderman, Ritner) that are 
characterized by their low water capacity, slow permeability, and 
moderate erosion level. The Chehalem Mountains have a combination of 
Columbia River basalt, ocean sedimentation, and wind-blown loess 
derivation soil types. The Red Hills contain soil mainly derived from 
Columbia River basalt lavas (largely based on the Jory series), which 
are moderately fertile and well drained, with slight to moderate 
erosion levels.
    The petition documentation also states the Ribbon Ridge area, which 
is immediately east of the proposed district, also contains primarily 
sedimentary soils. However, these were formed in the Oligocene Era and 
are younger, finer, and more uniform than the sedimentary soils of the 
proposed Yamhill-Carlton District.
Elevation
    The petitioner defines the proposed Yamhill-Carlton District 
viticultural area as lands, within the proposed boundaries, that are at 
or above 200 feet in elevation and at or below 1,000 feet in elevation. 
The petitioner justifies the bracketed elevation with the following 
information. The floor of the proposed region is comprised of fine-
grained soils deposited as a result of the Missoula floods, which 
occurred 12,000 years ago. These soils, identified as Willamette silts, 
occur at elevations below 200 feet and have greater depth, fertility, 
and water-holding capacity than soils of the proposed viticultural 
area. The fertility and water-holding capacity of these low soils 
extends the vegetative period of the vine and delays the ripening of 
vines planted in this area. Further, low elevation areas are also prone 
to frost. Conversely, areas within the proposed area with elevations 
greater than 1,000 feet are significantly cooler and lack necessary 
heat units required to properly ripen

[[Page 57848]]

wine grapes. For these reasons, the proposed Yamhill-Carlton District 
viticultural area is limited to lands at or above 200 feet in elevation 
and below 1,000 feet in elevation.
Climate
    The climate of the proposed Yamhill-Carlton District viticultural 
area is distinct from the surrounding areas in a number of ways. The 
area is bordered on the west by the Coast Mountains, which have far 
fewer degree-days (at 50[deg] F) and are unsuitable for production of 
vinifera varietals. According to data obtained from the Oregon Climate 
Service, average rainfall for the proposed Yamhill-Carlton District is 
42 inches, while the Coast Range receives between 80 and 110 inches per 
year. Further, the proposed Yamhill-Carlton District averages 18.3 days 
with temperatures above 90[deg] F, while the Coast Range has 2 days.
    The petitioner also submitted evidence that the areas immediately 
south of the proposed Yamhill-Carlton area are influenced by the 
cooling effect of weather systems flowing east from the Pacific Ocean 
through the Van Duzer Corridor, a mountain gap in the Coast Range. The 
corridor funnels cooling, marine, summer breezes inland toward Salem, 
which substantially lowers the average temperature achieved during the 
growing season.
    However, the petitioner contends this effect quickly moderates as 
you move north through the proposed Yamhill-Carlton District from the 
Van Duzer Corridor entry into the Willamette Valley near Dallas, 
Oregon. For example, the petitioner submitted evidence from the Oregon 
Climate Service which demonstrated that the 30 year average rainfall 
for Dallas, Oregon (south of the proposed Yamhill-Carlton District) was 
49.1 inches compared to 42 inches for the proposed viticultural area. 
Further, the Oregon Climate Service data on average temperatures shows 
that Dallas, Oregon has 51 fewer degree-days than McMinnville, Oregon 
(which is at the southern border of the proposed Yamhill-Carlton 
District) and 186 fewer degree-days than Forest Grove, Oregon (which 
lies 6 miles north of the proposed viticultural area).
    The Patton Valley, a vast low area just north of the proposed 
Yamhill-Carlton District, has an annual rainfall average difference of 
slightly more than 2 inches when compared with the proposed 
viticultural area. However, the 30-year average temperature data from 
the Oregon Climate Service shows the area north of Patton Valley to 
have 135 more degree-days than the proposed Yamhill-Carlton District.

Boundary Description

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

Maps

    The petitioner provided the required maps, and we list them in the 
proposed regulation.

Public Participation

Comments Sought

    We request comments from anyone interested. Please support your 
comments with specific information about the proposed area's name, 
growing conditions, or boundaries. All comments must include this 
notice number and your name and mailing address. They must be legible 
and written in language acceptable for public disclosure.
    Although we do not acknowledge receipt, we will consider your 
comments if we receive them on or before the closing date. We will 
consider comments received after the closing date if we can. We regard 
all comments as originals.

Confidentiality

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

Submitting Comments

    You may submit comments in any of four ways.
    [sbull] By mail: You may send written comments to TTB at the 
address listed in the ADDRESSES section.
    [sbull] By facsimile: You may submit comments by facsimile 
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be five or less pages long. This limitation assures electronic 
access to our equipment. We will not accept faxed comments that exceed 
five pages.
    [sbull] By e-mail: You may e-mail comments to [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/index.htm. Select the ``Send comments via email'' link under this 
notice number.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine, in light of all circumstances, whether a public hearing 
will be held.

Public Disclosure

    You may view copies of this notice, the petition, the appropriate 
maps, and any comments received by appointment in our library at 1310 G 
Street NW., Washington, DC 20202. You may also obtain copies at 20 
cents per 8.5- x 11-inch page. Contact our librarian at the above 
address or telephone 202-927-8210 to schedule an appointment or to 
request copies of comments.
    For your convenience, we will post this notice and the comments 
received on the TTB Web site. We may omit voluminous attachments or 
material that we consider unsuitable for posting. In all cases, the 
full comment will be available in our library. To access the online 
copy of this notice, visit http://www.ttb.gov/alcohol/rules/index.htm. 
Select the ``View Comments'' link under this notice number to view the 
posted comments.

Regulatory Analyses and Notices

Paperwork Reduction Act

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

Regulatory Flexibility Act

    We certify that this regulation, if adopted, will not have a 
significant economic impact on a substantial number of small entities, 
including small businesses. The proposal imposes no new reporting, 
recordkeeping, or other administrative requirements.
    The establishment of viticultural areas represents neither our 
endorsement nor approval of the quality of wine made from grapes grown 
in the designated areas. Rather, this system allows us to identify 
areas distinct from one another. In turn, identifying viticultural 
areas lets wineries describe more accurately the origin of their wines 
to consumers and helps consumers identify the wines they purchase. 
Thus, any benefit derived from using a viticultural area name results 
from a proprietor's efforts and consumer acceptance of wines from that 
area. Therefore, no regulatory flexibility analysis is required.

[[Page 57849]]

Executive Order 12866

    This proposed rule is not a ``significant regulatory action'' as 
defined by Executive Order 12866. Therefore, no regulatory assessment 
is required.

Drafting Information

    Bernard J. Kipp of the Regulations and Procedures Division drafted 
this notice.

List of Subjects in 27 CFR Part 9

    Wine.

Authority and Issuance

    For the reasons discussed in the preamble, we propose to amend 
title 27, chapter 1, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority: 27 U.S.C. 205.

    2. Amend subpart C by adding Sec.  9.-- to read as follows:

Subpart C--Approved American Viticultural Areas

* * * * *


Sec.  9.--  Yamhill-Carlton District

    (a) Name. The name of the viticultural area described in this 
section is ``Yamhill-Carlton District'.
    (b) Approved Maps. The appropriate maps for determining the 
boundary of the Yamhill-Carlton District viticultural area are eight 
1:24,000 scale, United States Geological Survey, 7.5 Minute Series, 
topographic maps. They are titled:
(1) Gaston Quadrangle, Oregon, 1956, revised 1993;
(2) Turner Creek Quadrangle, Oregon, 1979;
(3) Fairdale Quadrangle, Oregon--Yamhill Co., 1979;
(4) Muddy Valley Quadrangle, Oregon--Yamhill Co., 1979, revised 1992;
(5) McMinnville Quadrangle, Oregon--Yamhill Co, 1957, revised 1992;
(6) Carlton Quadrangle, Oregon--Yamhill Co., 1957, revised 1992;
(7) Dundee Quadrangle, Oregon, 1956, revised 1993; and
(8) Laurelwood Quadrangle, Oregon, 1956, revised 1992.
(c) Boundary. The Yamhill-Carlton District viticultural area, which is 
limited to lands at or above 200 feet in elevation and below 1,000 feet 
in elevation, is located entirely in Yamhill and Washington Counties, 
Oregon, and also falls within the approved boundaries of the Willamette 
Valley viticultural area in northwest Oregon.
    (1) The point of beginning is the intersection of State highway 47 
and Gaston Road, which lies within the Gaston Quadrangle. From the 
point of beginning:
    (2) Follow Gaston Road in a westerly direction approximately 0.10 
mile to the intersection with the 200-foot elevation line;
    (3) Follow the 200-foot elevation line in a westerly direction 
approximately 1.86 miles to a point at which the 200-foot elevation 
line crosses South Road for the fourth and final time;
    (4) Follow South Road in a generally westerly direction 
approximately 1.90 miles to its second intersection with the Washington 
County/Yamhill County line. This point is 250 feet southeast of the 
first intersection of South and Mt. Richmond Roads;
    (5) Follow the Washington County/Yamhill County line in a westerly 
direction approximately 2.12 miles to the western boundary of the 
Gaston Quadrangle/eastern boundary of the Turner Creek Quadrangle;
    (6) From the eastern boundary of the Turner Creek Quadrangle, 
follow the Washington County/Yamhill County line in a westerly 
direction approximately 1.6 miles to the intersection of the County 
line and the 1,000-foot elevation line;
    (7) Follow the 1,000-foot elevation line in a generally 
southeasterly, then generally westerly direction approximately 4.25 
miles to the intersection of the 1,000-foot line and the Universal 
Transverse Mercator (UTM) line 4-77-000mE,
    (8) Follow the UTM line 4-77-000mE due south approximately 2.98 
miles to the intersection of the UTM line 4-77-000mE and the southern 
boundary of the Turner Creek Quadrangle/northern boundary of the 
Fairdale Quadrangle;
    (9) Follow UTM line 4-77-000mE due south from the northern boundary 
of the Fairdale Quadrangle approximately 8.62 miles to the southern 
boundary of the Fairdale Quadrangle/northern boundary of the Muddy 
Valley Quadrangle;
    (10) Follow UTM line 4-77-000mE due south from the northern 
boundary of the Muddy Valley Quadrangle approximately 1.51 miles to the 
intersection of UTM line 4-77-000mE and Baker Creek Road;
    (11) Follow Baker Creek Road in a generally easterly direction 
approximately 0.76 miles to the intersection of Baker Creek Road and 
the 200-foot elevation line;
    (12) Follow the 200-foot elevation line until it intersects the 
eastern boundary of the Muddy Valley Quadrangle/western boundary of the 
McMinnville Quadrangle;
    (13) From the western boundary of the McMinnville Quadrangle 
continue to follow the same 200-foot elevation line in an easterly/
northeasterly direction approximately 3.03 miles to the intersection of 
the 200-foot elevation line and northern boundary of the McMinnville 
Quadrangle/southern boundary of the Carlton Quadrangle;
    (14) From the southern boundary of the Carlton Quadrangle, continue 
to follow the same 200-foot line in a generally northwesterly direction 
approximately 6.2 miles to the intersection of the 200-foot elevation 
line and the western boundary of the Carlton Quadrangle/eastern 
boundary of the Fairdale Quadrangle;
    (15) From the eastern boundary of the Fairdale Quadrangle, continue 
to follow the same 200-foot elevation line in a generally westerly 
direction approximately 3.3 miles to the intersection of the 200-foot 
elevation line and the UTM line 4-77-000mE;
    (16) Follow UTM line 44-77-000mE due north approximately 0.13 miles 
to the intersection of the UTM line 4-77-000mE and the same 200-foot 
elevation line;
    (17) Follow the same 200-foot elevation line in a generally 
easterly direction on the north side of Panther Creek drainage 
approximately 5.04 miles to the intersection of the 200-foot line and 
the eastern boundary of the Fairdale Quadrangle/western boundary of the 
Carlton Quadrangle;
    (18) Follow the same 200-foot elevation line in a generally 
easterly, then generally northerly direction approximately 21.61 miles 
to the upper northwest corner of the Carlton Quadrangle where the 200-
foot elevation line intersects the western boundary of the Carlton 
Quadrangle/eastern boundary of the Fairdale Quadrangle;
    (19) From the eastern boundary of the Fairdale Quadrangle, continue 
to follow the same 200-foot elevation line in a generally 
northwesterly, then easterly direction for approximately 0.23 miles to 
the intersection of the 200-foot elevation line and the eastern 
boundary of the Fairdale Quadrangle/western boundary of the Carlton 
Quadrangle;
    (20) From the western boundary of the Carlton Quadrangle, continue 
to follow the same 200-foot elevation line in a generally easterly, 
then circular path approximately 0.45 miles back to the western 
boundary of the Carlton Quadrangle/eastern boundary of the Fairdale 
Quadrangle;
    (21) From the eastern boundary of the Fairdale Quadrangle, continue 
to follow

[[Page 57850]]

the same 200-foot elevation line in a generally westerly direction 
south of the North Yamhill River and then in a generally easterly 
direction north of the North Yamhill River approximately 1.04 miles to 
the intersection of the 200-foot elevation line and the eastern 
boundary of the Fairdale Quadrangle/western boundary of the Carlton 
Quadrangle;
    (22) From the western boundary of the Carlton Quadrangle, continue 
to follow the same 200-foot elevation line in a generally southeasterly 
direction approximately 39.26 miles to the intersection of the 200-foot 
elevation line and the eastern boundary of the Carlton Quadrangle/
western boundary of the Dundee Quadrangle;
    (23) From the western boundary of the Dundee Quadrangle, continue 
to follow the same 200-foot elevation line in a generally 
southeasterly, then southwesterly direction approximately 1.1 miles to 
the intersection of the 200-foot elevation line and the western 
boundary of the Dundee Quadrangle/eastern boundary of the Carlton 
Quadrangle;
    (24) From the eastern boundary of the Carlton Quadrangle, continue 
to follow the same 200-foot line in a generally southerly direction 
approximately 2.55 miles to the intersection of the 200-foot line and 
the eastern boundary of the Carlton Quadrangle/western boundary of the 
Dundee Quadrangle;
    (25) From the western boundary of the Dundee Quadrangle, continue 
to follow the same 200-foot elevation line in a generally northeasterly 
direction approximately 2.65 miles to the intersection of the 200-foot 
elevation line and Abbey Road;
    (26) Follow Abbey Road in a generally northerly direction 
approximately 1.7 miles to the intersection of Abbey and Kuehne Roads;
    (27) Follow Kuehne Road in a generally northeasterly, then 
northerly direction approximately 1.85 miles to the intersection of 
Kuehne Road and State highway 240;
    (28) Follow State highway 240 in an easterly direction 
approximately 0.19 miles to the intersection of State highway 240 and 
the 200-foot elevation line;
    (29) Follow the 200-foot elevation line in a generally northerly 
direction along the west side of the Chehalem Creek approximately 4.52 
miles to the intersection of the 200-foot elevation line and the 
northern boundary of the Dundee Quadrangle/southern boundary of the 
Laurelwood Quadrangle;
    (30) From the southern boundary of the Laurelwood Quadrangle, 
continue to follow the same 200-foot elevation line in a short loop, 
approximately 0.42 miles, back to the southern boundary of the 
Laurelwood Quadrangle/northern boundary of the Dundee Quadrangle;
    (31) From the northern boundary of the Dundee Quadrangle, continue 
to follow the same 200-foot elevation line in a generally southerly, 
then northerly direction approximately 0.57 miles to the intersection 
of the 200-foot elevation line and the northern boundary of the Dundee 
Quadrangle/southern boundary of the Laurelwood Quadrangle;
    (32) From the southern boundary of the Laurelwood Quadrangle, 
continue to follow the same 200-foot elevation line in a generally 
northwesterly direction approximately 3.5 miles to the intersection of 
the 200-foot elevation line and the western boundary of the Laurelwood 
Quadrangle/eastern boundary of the Gaston Quadrangle;
    (33) From the eastern boundary of the Gaston Quadrangle, continue 
to follow the same 200-foot elevation line in a generally westerly, 
then northeasterly direction approximately 0.52 miles to the 
intersection of the 200-foot elevation line and the eastern boundary of 
the Gaston Quadrangle/western boundary of the Laurelwood Quadrangle;
    (34) From the western boundary of the Laurelwood Quadrangle, 
continue to follow the same 200-foot elevation line in a generally 
northerly direction approximately 0.96 miles to the intersection of the 
200-foot elevation line and the western boundary of the Laurelwood 
Quadrangle/eastern boundary of the Gaston Quadrangle; and
    (35) From the eastern boundary of the Gaston Quadrangle, continue 
to follow the same 200-foot elevation line in a generally northwesterly 
direction approximately 4.55 miles to the intersection of the 200-foot 
elevation line and the point of beginning.

    Signed: September 17, 2003.
Arthur J. Libertucci,
Administrator.
[FR Doc. 03-25373 Filed 10-6-03; 8:45 am]
BILLING CODE 4810-31-P