[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Proposed Rules]
[Pages 28442-28450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12872]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2019-0003; Notice No. 181]
RIN: 1513-AC52
Proposed Establishment of the Tualatin Hills and Laurelwood
District Viticultural Areas
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 (TTB) proposes to
establish the approximately 144,000-acre ``Tualatin Hills''
viticultural area in portions of Multnomah and Washington Counties, in
Oregon. TTB is also proposing to establish the approximately 33,600-
acre ``Laurelwood District'' viticultural area in portions of
Washington and Yamhill Counties, in Oregon. TTB is proposing these two
viticultural areas simultaneously because, if established, a small
portion of their boundaries would be contiguous. Both proposed
viticultural areas are located entirely within the existing Willamette
Valley viticultural area, and the proposed Laurelwood District
viticultural area is also located entirely within the existing Chehalem
Mountains viticultural area. TTB designates viticultural areas to allow
vintners to better describe the origin of their wines and to allow
consumers to better identify wines they may purchase. TTB invites
comments on this proposed addition to its regulations.
DATES: Comments must be received by August 19, 2019.
ADDRESSES: Please send your comments on this notice to one of the
following addresses:
Internet: http://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2019-0003
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW, Suite 400, Washington, DC
20005.
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 or view or obtain copies
of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01, dated December
10, 2013, (superseding Treasury Order 120-01, dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of these provisions.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name
[[Page 28443]]
and a delineated boundary, as established in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to the wine's geographic origin. The establishment of
AVAs allows vintners to describe more accurately the origin of their
wines to consumers and helps consumers to identify wines they may
purchase. Establishment of an AVA is neither an approval nor an
endorsement by TTB of the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
the standards for petitions for the establishment or modification of
AVAs. Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon;
An explanation of the proposed AVA is sufficiently
distinct from an existing AVA so as to warrant separate recognition, if
the proposed AVA is to be established within, or overlapping, an
existing AVA; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Tualatin Hills Petition
TTB received a petition from Rudolf Marchesi, president of
Montinore Estate, Alfredo Apolloni, owner and winemaker of Apolloni
Vineyards, and Mike Kuenz, general manager of David Hill Vineyard and
Winery, on behalf of themselves and other local grape growers and
vintners, proposing the establishment of the ``Tualatin Hills'' AVA.
The proposed Tualatin Hills AVA is located west of the city of
Portland and lies entirely within the established Willamette Valley AVA
(27 CFR 9.90). If established, the proposed Tualatin Hills AVA would
also share a small portion of its southeastern boundary with a small
portion of the northwestern boundary of the proposed Laurelwood
District AVA. The proposed AVA covers approximately 144,000 acres and
contains 21 wineries and 33 commercially-producing vineyards that cover
a total of approximately 860.5 acres.
The distinguishing features of the proposed Tualatin Hills AVA are
its soils, elevation, and climate. Unless otherwise noted, all
information and data pertaining to the proposed AVA contained in this
document are from the petition for the proposed Tualatin Hills AVA and
its supporting exhibits.
Name Evidence
The proposed Tualatin Hills AVA is a region of upland hills within
the Tualatin River watershed in northwestern Oregon. The petition
provided evidence that the region is commonly referred to as the
``Tualatin Hills.'' For example, a hiking trail in the region is called
the Tualatin Hills Nature Park Loop. The petition also states that the
Tualatin Hills Nature Park, the Tualatin Hills Parks and Recreation
District, and Tualatin Hills Christian Church serve the proposed AVA.
Finally, several sporting organizations serving the region use the name
``Tualatin Hills,'' including the Tualatin Hills Junior Soccer League,
the Tualatin Hills Barracudas adult swim team, the Tualatin Hills Water
Polo Club, the former Tualatin Hills Tennis Center, and the Tualatin
Hills Dive Club.
Boundary Evidence
The proposed Tualatin Hills AVA is a roughly C-shaped region of
hills west of Portland, Oregon, in the hills of the Tualatin River
watershed. According to the petition, the proposed AVA's boundaries are
drawn to separate the proposed AVA from regions with different soils,
elevations, and climate. The proposed northern and western boundaries
follow the 1,000-foot elevation contour and separate the proposed AVA
from the higher elevations within the Coast Range. The proposed
northern and western boundaries also coincide with the boundary of the
established Willamette Valley AVA. The southern and southeastern
boundaries are drawn to exclude the established Chehalem Mountains AVA
(27 CFR 9.205), which contains higher elevations and a greater
concentration of sedimentary, alluvial, and volcanic soils than the
proposed AVA. The southeastern boundary also separates the proposed
Tualatin Hills AVA from the proposed Laurelwood District AVA. The
eastern boundary separates the proposed Tualatin Hills AVA from the
heavily urbanized regions of metro Portland. Additionally, the region
east of the proposed AVA has generally lower elevations and flatter
topography, as well as deep alluvial soils that are different from the
soils of the proposed AVA.
Distinguishing Features
The distinguishing features of the proposed Tualatin Hills AVA are
its soils, elevation, and climate.
Soils
The petition states that the soils of the proposed Tualatin Hills
AVA are primarily Laurelwood soils and similar associated types, with
almost no exposed volcanic or marine sedimentary soil types.\1\ The
Laurelwood and associated soils are unique to the northwestern portion
of the established Willamette Valley AVA, which includes the proposed
Tualatin Hills AVA. According to the petition, the only place outside
the proposed AVA where Laurelwood soils occur is on the northeast-
facing slopes of the established Chehalem Mountains AVA, within the
proposed Laurelwood District AVA. However, the petition notes that the
Laurelwood soils within the Chehalem Mountains AVA are frequently mixed
with volcanic, sedimentary, and alluvial soils.
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\1\ See Petition to create the Laurelwood District American
Viticultural Area, Appendices 2-3 and Figure 2, available for review
in the docket for this rulemaking at ``Regulations.gov'' (These
materials contain analyses of Laurelwood soil).
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Laurelwood soils are formed from weathered basalt combined with
windblown silt known as loess. The soils are fine, silty soils with no
rocks and generally have low levels of organic material and a high clay
content. The soils are considered to be moderately fertile and,
therefore, do not promote overly vigorous vine growth. The soils reach
depths of up to 100 feet. The depth of the soils, combined with the
high clay content, reduces the need for irrigation in most vineyards
within the proposed AVA.
Laurelwood soils also contain small, round iron manganese
structures called ``pisolites,'' which range in size from a grain of
sand to a pea. These pisolites are found only in Laurelwood soils and,
according to the petition, affect the taste and smell of wines. For
example, the
[[Page 28444]]
petition asserts that the pisolites contribute to the rose-petal aroma
of Pinot Noir wines made from grapes grown in the Laurelwood soils of
the proposed AVA.
To the north of the proposed Tualatin Hills AVA, the soils formed
primarily from volcanic material from eruptions near the Oregon-
Washington-Idaho border between 6 and 17 million years ago and contain
very little loess and no Laurelwood series soils. West of the proposed
AVA, the soils are primarily Coastal sediment soils originating from
volcanic soils and marine uplifted soils that formed 50 million years
ago. To the south of the proposed AVA within the established Chehalem
Mountains AVA, the soils are also formed primarily from marine
sediments, although the soils are sometimes striated with older
decomposing basalt and volcanic materials. To the east of the proposed
AVA, the soils are primarily formed from Columbia River basalt and
sedimentary materials.
Elevation
The proposed Tualatin Hills AVA is located in the upland hills of
the Tualatin River watershed and encompasses elevations between 200 and
1,000 feet. According to the petition, 1,000 feet is generally
considered the upper limit for growing commercial wine grapes in this
region of Oregon, and there are very few commercial vineyards above
that elevation. At higher elevations, there is a danger of late spring
frosts, which can delay bud break and damage new growth, as well as a
danger of early fall frosts, which can damage fruit that has not been
harvested. The petition notes that the 1,000-foot elevation contour
also corresponds to the boundary of the established Willamette Valley
AVA, which shares a portion of its boundary with the proposed AVA.
The boundaries of the proposed AVA were drawn to exclude elevations
below 200 feet because, according to the petition, the lower elevations
have characteristics that are significantly different from those of the
proposed AVA. For instance, soils in the surrounding regions with
elevations below 200 feet are alluvial, rather than loess. As a result,
the soils below 200 feet are generally higher in fertility and less
well-drained than the soils within the proposed AVA. Highly fertile
soils can cause overly vigorous vine growth, and poorly drained soils
can promote the growth of mold and mildew on the vines. Furthermore,
the petition states that elevations below 200 feet are relatively flat
and thus experience less air movement than the surrounding higher
elevations. Cold air can drain from the hillsides, reducing the risk of
frost in hillside vineyards, but the cold air will pool in the lower,
flatter regions and increase the risk of frost there. Additionally, air
moving down the hillsides can also prevent the growth of mold and
mildew on hillside vineyards by drying excess moisture from the vines.
The proposed AVA is surrounded to the north and west by the higher
elevations of the Coastal Range. Elevations typically exceed 1,000 feet
in these regions. To the east of the proposed AVA is the broad, flat
plain of the Tualatin River Valley, where elevations are generally
below 200 feet. The petition notes that there is a small region between
the northeast corner and the southeast corner of the proposed AVA that
has similar elevations to the proposed AVA. However, this region was
not included in the proposed AVA because it is within the urban
development zone of metro Portland and is currently used for commercial
and residential buildings and public parks; there is no commercial
viticulture in this area. To the south and southeast of the proposed
AVA are the Chehalem Mountains, which includes elevations of over 1,000
feet and, according to the petition, is considered to be a separate,
distinct landform from the uplands within the proposed Tualatin Hills
AVA.
Climate 2
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\2\ Climate data gathered from 1981-2010 climate normals, which
were the most recent climate normals available at the time the
petition was submitted.
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The proposed Tualatin Hills AVA is located in the rain shadow of
the Oregon Coast Range (Coast Range). According to the petition, the
higher elevations of the Coast Range create a buffer to the maritime
influences of the Pacific Ocean, which is approximately 45 miles west
of the proposed AVA. As a result, the proposed AVA receives less
rainfall annually than the regions to the north and west, which are
more exposed to the moisture-laden marine air. Forest Grove, Oregon,
which is located roughly in the center of the proposed AVA, receives an
average of 43.67 inches of rainfall annually, while St. Helens to the
north of the proposed AVA receives 50 inches, and Tillamook State
Forest to the west of the proposed AVA receives 87.99 inches. Portland,
which is approximately 30 miles east of the proposed AVA and farther
within the rain shadow of the Coast Range, receives slightly less
rainfall than the proposed AVA, averaging 41.96 inches. McMinnville,
which is approximately 20 miles south of the proposed AVA, has an
average annual rainfall amount of 42.15 inches. The petition states
that without the sheltering effect of the Coast Range, rainfall amounts
in the proposed AVA would be similar to those of the regions to the
west and north. Excessively high rainfall amounts can promote the
growth of mold and mildew, which can seriously damage grape vines.
The petition also discussed the diurnal temperature variations that
occur within the proposed AVA and the surrounding regions. Diurnal
temperature variation is the difference between the daytime high
temperature and the nighttime low temperature. The proposed Tualatin
Hills AVA has an average growing season diurnal variation of 23.75
degrees Fahrenheit (F). The regions to the north, east, and west of the
proposed AVA have lower diurnal temperature variations, averaging
20.79, 20.13, and 19.13 degrees F, respectively. The region to the
south has a higher average diurnal variation, with 25.63 degrees F.
According to the petition, diurnal temperature variations during
the growing season have an effect on viticulture. Sugar levels increase
and acid levels decrease in grapes as daytime temperatures increase. If
ripening progresses too quickly due to high daytime temperatures, the
desired sugar and acid levels could be reached before the flavor and
aroma compounds in the grapes have fully developed. If nighttime
temperatures remain high, the process of sugar development and acid
loss will continue at night. However, a drop in nighttime temperatures
will stop or slow the process of sugar development and acid loss,
allowing the grapes more time to develop the flavor and aroma
compounds. The greater the drop in temperatures, the more the sugar
development and acid loss will slow. The petition states that the
diurnal temperature differences in the proposed AVA are well suited for
growing Pinot Noir, which is the most commonly grown grape varietal in
the proposed AVA and requires a long ripening period in order to fully
develop its flavor and aroma compounds.
Summary of Distinguishing Features
In summary, the soils, elevation, and climate of the proposed
Tualatin Hills AVA distinguish it from the surrounding regions. The
proposed AVA is characterized by Laurelwood soils and similar
associated types and a lack of exposed volcanic or marine sedimentary
soils. Although Laurelwood soils are present outside of
[[Page 28445]]
the proposed AVA, within the Chehalem Mountain range, they are
typically mixed with volcanic and sedimentary soils. The elevations of
the proposed AVA are between 200 and 1,000 feet, while the regions to
the west, north, southeast, and south are higher and the region to the
east is lower. Finally, the climate of the proposed AVA is
distinguishable from that of the surrounding regions. The proposed AVA
receives less annual rainfall than the regions to the north and west,
and more rainfall than the regions to the east and south. The average
growing season diurnal temperature variations within the proposed AVA
are higher than those of each of the surrounding regions except the
region to the south.
Comparison of the Proposed Tualatin Hills AVA to the Existing
Willamette Valley AVA
T.D. ATF-162, which published in the Federal Register on December
1, 1983 (48 FR 232, as amended by T.D. TTB-134, 81 FR 11112, March 3,
2016), established the Willamette Valley AVA in northwestern Oregon (27
CFR 9.90). The Willamette Valley AVA is described in T.D. ATF-162 as a
large basin surrounded by mountains to the east, south, and west, and
by the Columbia River to the north. Within the Willamette Valley AVA,
elevations generally do not exceed 1,000 feet. Temperatures are mild,
with annual summer temperatures averaging 68 degrees F and winter
temperatures averaging 40 degrees F. Annual rainfall amounts within the
Willamette Valley AVA average 40 inches. Soils within the AVA are silty
loams and clay loams.
The proposed Tualatin Hills AVA is located in the northwestern
portion of the Willamette Valley AVA and shares some broad
characteristics with the established AVA. For example, elevations
within the proposed AVA are generally below 1,000 feet. Average annual
high and low temperatures are also within the ranges found in the
Willamette Valley AVA. Finally, the soils of the proposed AVA contain
silt and clay.
However, the proposed AVA also has characteristics that are
distinct from the Willamette Valley AVA. For example, the Laurelwood
soils and associated soil series are the predominant soils of the
proposed AVA and are not found in significant amounts elsewhere in the
Willamette Valley AVA. Additionally, the proposed AVA is comprised
mainly of rolling hills and lacks the large valley floors that are a
major feature of the Willamette Valley AVA. Finally, annual rainfall
amounts within the proposed Tualatin Hills AVA are slightly higher than
the average amount for the Willamette Valley AVA in general.
Laurelwood District Petition
TTB received a petition from Luisa Ponzi, president of Ponzi
Vineyards, Maria Ponzi, winemaker of Ponzi Vineyards, and Kevin
Johnson, winemaker of Dion Vineyards, on behalf of themselves and other
local grape growers and vintners, proposing the establishment of the
``Laurelwood'' AVA. However, at the request of TTB, the petitioners
agreed to add the word ``District'' to the proposed name, in order to
avoid a potential impact on current label holders who are using
``Laurelwood'' as a brand name or fanciful name on their wine labels.
The proposed Laurelwood District AVA is located west of the city of
Portland and lies entirely within the established Willamette Valley AVA
and the established Chehalem Mountains AVA. If established, the
proposed Laurelwood District AVA would also share a small portion of
its northwestern boundary with a portion of the southeastern boundary
of the proposed Tualatin Hills AVA. The proposed Laurelwood District
AVA covers approximately 33,600 acres and contains 25 wineries and
approximately 70 commercially-producing vineyards that cover a total of
approximately 975 acres.
The proposed Laurelwood District AVA has a roughly oblong shape and
is oriented along a northwest-to-southeast axis. The distinguishing
feature of the proposed AVA is its soils. Unless otherwise noted, all
information and data pertaining to the proposed AVA contained in this
document are from the petition for the proposed Laurelwood District AVA
and its supporting exhibits.
Name Evidence
The unincorporated town of Laurelwood is adjacent to the western
boundary of the proposed Laurelwood District AVA. Although the town of
Laurelwood is not within the proposed AVA, the name Laurelwood has
become associated with a larger region, including the region of the
proposed AVA. For example, the ``Ananda Center at Laurelwood'' retreat,
which is located in the community of Laurelwood, describes its location
as ``[w]ithin minutes of Laurelwood Valley,'' \3\ suggesting that the
region known as ``Laurelwood'' encompasses more than just the town.
Furthermore, the proposed AVA is served by the Laurelwood Academy Water
Cooperative,\4\ and Laurelwood Road is located within the proposed AVA.
A real estate listing included with the petition advertises houses ``in
peaceful Laurelwood valley,'' \5\ and a separate real estate listing
makes reference to ``the peaceful community of Laurelwood.'' \6\
Finally, one of the U.S.G.S. quadrangle maps used to create the
boundary of the proposed AVA is titled ``Laurelwood.''
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\3\ See Ananda Center--Laurelwood, (Site last accessed February
15, 2019), www.anandalaurelwood.org/about/area.
\4\ See Laurelwood Academy Water Cooperative, (Site last
accessed February 15, 2019), www.lawatercoop.org.
\5\ See Redfin listing for 13200 SW Noblitt Place, Gaston,
Oregon 97119, (Site last accessed February 15, 2019), https://www.redfin.com/OR/Gaston/13200-SW-Noblitt-Pl-97119/home/26692046.
\6\ See Redfin listing for 13875 SW 405 Place, Gaston, Oregon
97119, (Site last accessed February 15, 2019), https://www.redfin.com/OR/Gaston/13875-SW-405th-Pl-97119/home/108521174.
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The petition notes that the community of Laurelwood also gives its
name to the primary soil series within the proposed AVA, the Laurelwood
soil series. The petition includes an excerpt from a soil survey of
Washington County, Oregon, which notes that a ``[r]epresentative
profile of Laurelwood silt loam'' is ``located at the top of Iowa
Hill.'' Iowa Hill is located within the northern portion of the
proposed Laurelwood District AVA. The petition goes on to say that the
pervasiveness of Laurelwood soils within the proposed AVA is the
primary reason the region is known to those in the wine industry as
``Laurelwood.'' As evidence, the petition included a 2016 pamphlet from
a trade tasting featuring wines from the Chehalem Mountains AVA, which
contains a map that divides the AVA into several sub-regions--including
a region called ``Laurelwood'' that encompasses the proposed AVA. The
petition also included excerpts from several articles describing the
importance of Laurelwood soil to vineyard owners within the proposed
AVA and the effects of the soil on the resulting wines. Finally, the
petition included wine labels and wine trade notes from several
wineries within the proposed AVA, including Ponzi Vineyards,\7\ Anne
Amie Vineyards,\8\ Raptor Ridge Winery,\9\ Alloro
[[Page 28446]]
Vineyard,\10\ and Erath Winery,\11\ which all mention the presence of
Laurelwood soils in their vineyards.
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\7\ See Ponzi Vineyards, Notes from Luisa, (Site last accessed
February 15, 2019), https://www.ponzivineyards.com/assets/images/products/media/14-Abetina-PN-Notes.pdf.
\8\ See Announcement for 2013 Anne Amie Vineyards Twelve Oaks
Estate Chehalem Mountains AVA, (Site last accessed February 15,
2019), Anneamiewine.s3.amazonaws.com/demo1/wp-content/uploads/13-TOE-PN.pdf.
\9\ See Announcement for Raptor Ridge Winery--2014 Pinot Noir,
Estate Vineyard, (Site last accessed February 15, 2019),
www.raptorridgewinery.com/assets/client/File/2014%20PN%20Estate%20Vineyard%20Media%20Sheet.pdf.
\10\ See Announcement for Alloro Vineyard--2014 Estate `Justina'
Pinot Noir, (Site last accessed February 15, 2019), https://www.allorovineyard.com/assets/client/File/AlloroJusPN14%20TechSheet.pdf.
\11\ See Announcement for Erath Winery--2014 Dion Vineyard Pinot
Noir, (Site last accessed February 15, 2019), https://www.erath.com/files/FileResource/22244/ERAFS2014DionVineyardPinotN.pdf.
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Boundary Evidence
The proposed Laurelwood District AVA is located in the Chehalem
Mountains west of the cities Portland and Sherwood and south of the
cities of Forest Grove, Cornelius, Hillsboro, and Scholls. According to
the petition, the boundaries are drawn to separate the proposed AVA
from regions where the Laurelwood soil is nonexistent or not as
pervasive as it is within the proposed AVA. The northern and eastern
boundaries of the proposed AVA are concurrent with the boundary of the
established Chehalem Mountains AVA and separate the proposed AVA from
both the Tualatin Valley and the proposed Tualatin Hills AVA. The
southern and western boundaries of the proposed Laurelwood District AVA
follow the crest of the Chehalem Mountains, and separate the
northeasterly-oriented slopes of the proposed AVA from the
southwesterly-facing slopes of the western portion of the Chehalem
Mountains.
Distinguishing Feature
According to the petition, the distinguishing feature of the
proposed AVA is the predominance of the Laurelwood soil series.
Although Laurelwood soil exists outside the proposed Laurelwood
District AVA, specifically within the proposed Tualatin Hills AVA to
the northwest, the petition states that there are differences between
the Laurelwood soil of the proposed Laurelwood District AVA and the
Laurelwood soil of the proposed Tualatin Hills AVA. For instance, the
Laurelwood soil of the proposed Laurelwood District AVA consist of
loess combined with basalt that is older than the basalt found in the
Laurelwood soil of the proposed Tualatin Hills AVA. However, the
petition states that the primary distinction between the soils of the
two proposed AVAs is the contiguity of Laurelwood soil within the
proposed Laurelwood District AVA. Within the proposed Tualatin Hills
AVA, large concentrations of Laurelwood soil are dispersed throughout,
separated by smaller regions without Laurelwood soils. By contrast,
within the proposed Laurelwood District AVA, Laurelwood soil covers the
entirety of the proposed AVA. Additionally, within the proposed
Tualatin Hills AVA, Laurelwood soil is often mixed with related soil
series, particularly Kinton and Cornelius soils. Within the proposed
Laurelwood District AVA, Kinton and Cornelius soils exist only in
small, isolated pockets along the eastern edge.
As previously mentioned, Laurelwood soil is desirable for vineyards
because its moderate fertility does not cause overly vigorous growth
and the depth to bedrock is sufficient to allow the vine's roots to
penetrate deeply into the soil. Because the proposed Laurelwood
District AVA has such a large concentration of Laurelwood soils, there
are more potential locations for vineyards with this soil than there
are within the proposed Tualatin Hills AVA.
To the east and northeast of the proposed Laurelwood District AVA,
the soils are a variety of soils derived from the sediments of the
Missoula Floods. To the southwest of the proposed AVA, within the
Chehalem Mountains AVA, the soils are primarily Jory and Willakenzie
soils. To the southeast of the proposed AVA, on Parrett Mountain, the
soils are primarily of the Jory and Saum series.
Comparison of the Proposed Laurelwood District AVA to the Existing
Willamette Valley AVA
T.D. ATF-162, which published in the Federal Register on December
1, 1983, (48 FR 232, as amended by T.D. TTB-134, 81 FR 11112, March 3,
2016), established the Willamette Valley AVA in northwestern Oregon (27
CFR 9.90). The Willamette Valley AVA is described in T.D. ATF-162 as a
large basin surrounded by mountains to the east, south, and west, and
by the Columbia River to the north. Within the Willamette Valley AVA,
elevations generally do not exceed 1,000 feet. Temperatures are mild,
with annual summer temperatures averaging 68 degrees F and winter
temperatures averaging 40 degrees F. Annual rainfall amounts within the
Willamette Valley AVA average 40 inches. Soils within the AVA are silty
loams and clay loams.
The proposed Laurelwood District AVA is located in the northwestern
portion of the Willamette Valley AVA and shares several characteristics
with the larger established AVA. For example, both the proposed AVA and
the established AVA are within the rain shadow of the Cascade
Mountains. As a result, both share similar annual rainfall amounts of
between 40 and 50 inches. The average growing season temperatures
within the proposed AVA are also similar to those of the established
Willamette Valley AVA, as demonstrated by the number of growing degree
days (GDDs) in both regions. According to a climate map included in the
petition, both regions average between 1,500 and 2,000 GDDs.
However, the proposed Laurelwood District AVA also has
characteristics that are distinct from the Willamette Valley AVA. For
example, the Laurelwood soils are the predominant soils of the proposed
AVA and are not found in significant amounts elsewhere in the
Willamette Valley AVA, with the exception of the proposed Tualatin
Hills AVA. The petition states that the primary soils for grape growing
in the majority of the Willamette Valley AVA are Willakenzie, which is
derived from marine sediments, and Jory, which is comprised of residuum
derived from basalt. Additionally, the proposed Laurelwood District AVA
does not contain broad valleys, which are found throughout the
established Willamette Valley AVA.
Comparison of the Proposed Laurelwood District AVA to the Existing
Chehalem Mountains AVA
T.D. TTB-56, which published in the Federal Register on November
27, 2006 (71 FR 68458), established the Chehalem Mountains AVA (27 CFR
9.205) in northwestern Oregon, in the northern region of the Willamette
Valley AVA. The Chehalem Mountains AVA is described in T.D. TTB-56 as a
single, continuous landmass lifted from the floor of the Willamette
Valley. The Chehalem Mountains AVA are bordered by the valley of the
Tualatin River to the west and north, the wetlands of Rock Creek and
Seely Ditch to the east, the floodplain of the Willamette River to the
southeast, and the Chehalem Valley to the southwest. The topography of
the AVA is characterized by mountainous and hillside terrain, with
elevations between 200 and 1,600 feet. Most of the vineyards within the
AVA are planted at elevations between 200 and 1,000 feet.
The proposed Laurelwood District AVA shares some of the same
characteristics of the larger Chehalem Mountains AVA. For example, the
proposed AVA consists of hilly-to-mountainous terrain, and vineyards
within the proposed AVA are planted at elevations between 200 and 1,000
feet. However, the Chehalem Mountains AVA contains a wide diversity of
soils. The proposed Laurelwood District AVA, by contrast, is dominated
by
[[Page 28447]]
Laurelwood soil, which is not found in the remainder of the Chehalem
Mountains AVA.
TTB Determination
TTB concludes that the petitions to establish the approximately
144,000-acre Tualatin Hills AVA and the approximately 33,600-acre
Laurelwood District AVA merit consideration and public comment, as
invited in this notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVAs in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioners provided the required maps, and they are listed
below in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes the proposed Tualatin Hills AVA, its name,
``Tualatin Hills,'' will be recognized as a name of viticultural
significance under Sec. 4.39(i)(3) of the TTB regulations (27 CFR
4.39(i)(3)). The text of the proposed regulation clarifies this point.
Consequently, wine bottlers using the name ``Tualatin Hills'' in a
brand name, including a trademark, or in another label reference as to
the origin of the wine, would have to ensure that the product is
eligible to use the AVA name as an appellation of origin if this
proposed rule is adopted as a final rule. TTB is not proposing
``Tualatin,'' standing alone, as a term of viticultural significance if
the proposed AVA is established, in order to avoid a potential conflict
with a current label holder. Accordingly, the proposed part 9
regulatory text set forth in this document specifies only the full name
``Tualatin Hills'' as a term of viticultural significance for purposes
of part 4 of the TTB regulations.
The approval of the proposed Tualatin Hills AVA would not affect
any existing AVA, and any bottlers using ``Tualatin Hills'' as an
appellation of origin or in a brand name for wines made from grapes
grown within the Tualatin Hills AVA would not be affected by the
establishment of this new AVA. The establishment of the proposed
Tualatin Hills AVA would allow vintners to use ``Tualatin Hills'' and
``Willamette Valley'' as appellations of origin for wines made from
grapes grown within the proposed Tualatin Hills AVA, if the wines meet
the eligibility requirements for the appellation.
If TTB establishes the proposed Laurelwood District AVA, only its
entire name, ``Laurelwood District,'' will be recognized as a name of
viticultural significance under Sec. 4.39(i)(3) of the TTB regulations
(27 CFR 4.39(i)(3)). The text of the proposed regulation clarifies this
point. Consequently, wine bottlers using the name ``Laurelwood
District'' in a brand name, including a trademark, or in another label
reference as to the origin of the wine, would have to ensure that the
product is eligible to use the AVA name as an appellation of origin if
this proposed rule is adopted as a final rule. TTB is not proposing
``Laurelwood,'' standing alone, as a term of viticultural significance
if the proposed AVA is established, in order to avoid a potential
conflict with current label holders. Accordingly, the proposed part 9
regulatory text set forth in this document specifies only the full name
``Laurelwood District'' as a term of viticultural significance for
purposes of part 4 of the TTB regulations.
The approval of the proposed Laurelwood District AVA would not
affect any existing AVA, and any bottlers using ``Laurelwood District''
as an appellation of origin or in a brand name for wines made from
grapes grown within the Laurelwood District AVA would not be affected
by the establishment of this new AVA. The establishment of the proposed
Laurelwood District AVA would allow vintners to use ``Laurelwood
District,'' ``Chehalem Mountains,'' and ``Willamette Valley'' as
appellations of origin for wines made from grapes grown within the
proposed Laurelwood District AVA, if the wines meet the eligibility
requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVAs. TTB is also interested
in receiving comments on the sufficiency and accuracy of the name,
boundary, climate, soils, and other required information submitted in
support of the petitions. With regards to the proposed Tualatin Hills
AVA, TTB is interested in comments on whether the evidence submitted in
the petition regarding the distinguishing features of the proposed AVA
sufficiently differentiates it from the existing Willamette Valley AVA,
which the proposed AVA is located within, and from the proposed
neighboring Laurelwood District AVA. TTB is also interested in comments
on whether the geographic features of the proposed Tualatin Hills AVA
are so distinguishable from the surrounding Willamette Valley AVA that
the proposed AVA should no longer be part of the established AVA.
Please provide any available specific information in support of your
comments.
With regards to the proposed Laurelwood District AVA, TTB is
interested in comments on whether the evidence submitted in the
petition regarding the distinguishing features of the proposed AVA
sufficiently differentiates it from both the existing Willamette Valley
and Chehalem Mountains AVAs, both of which contain the proposed AVA,
and from the proposed neighboring Tualatin Hills AVA. TTB is also
interested in comments on whether the geographic features of the
proposed Laurelwood District AVA are so distinguishable from the
surrounding Willamette Valley and Chehalem Mountains AVAs that the
proposed AVA should no longer be part of one or both of the existing
AVAs. Please provide any available specific information in support of
your comments.
Because of the potential impact of the establishment of the
proposed Tualatin Hills AVA on wine labels that include the term
``Tualatin Hills'' and the proposed Laurelwood District AVA on wine
labels that include the term ``Laurelwood District,'' as discussed
above under Impact on Current Wine Labels, TTB is particularly
interested in comments regarding whether there will be a conflict
between the proposed AVA names and currently used brand names. If a
commenter believes that a conflict will arise, the comment should
describe
[[Page 28448]]
the nature of that conflict, including any anticipated negative
economic impact that approval of the proposed AVA will have on an
existing viticultural enterprise. TTB is also interested in receiving
suggestions for ways to avoid conflicts, for example, by adopting a
modified or different name for the AVA.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2019-
0003 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 181 on the TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW, Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 181 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
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 whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2019-0003 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 181. You may
also reach the relevant docket through the Regulations.gov search page
at http://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that TTB receives about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street NW, Suite 400,
Washington, DC 20005. You may also obtain copies at 20 cents per 8.5- x
11-inch page. Please note that TTB is unable to provide copies of USGS
maps or other similarly-sized documents that may be included as part of
the AVA petition. Contact TTB's Regulations and Rulings Division at the
above address, by email at https://www.ttb.gov/webforms/contact_RRD.shtm, or by telephone at 202-453-1039, ext. 175, to
schedule an appointment or to request copies of comments or other
materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The 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
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.____to read as follows:
Sec. 9.____ Tualatin Hills.
(a) Name. The name of the viticultural area described in this
section is ``Tualatin Hills''. For purposes of part 4 of this chapter,
``Tualatin Hills'' is a term of viticultural significance.
(b) Approved maps. The 6 United States Geological Survey (USGS)
1:24,000 scale topographic maps and the single 1:250,000 scale
topographic map used to determine the boundary of the Tualatin Hills
viticultural area are titled:
(1) Vancouver, 1974 (1:250,000);
(2) Dixie Mountain, OR, 2014;
(3) Gaston, OR, 2014;
(4) Laurelwood, OR, 2014;
(5) Forest Grove, OR, 2014;
(6) Hillsboro, OR, 2014; and
(7) Linnton, OR, 2014.
(c) Boundary. The Tualatin Hills viticultural area is located in
Clackamas, Multnomah and Washington Counties, in Oregon. The boundary
of the Tualatin Hills viticultural area is as described below:
(1) The beginning point is on the Dixie Mountain map at the
intersection of North West Skyline Boulevard and North West Moreland
Road. From the
[[Page 28449]]
beginning point, proceed southwesterly along North West Moreland Road
for approximately 1.3 miles to road's intersection with the Multnomah-
Washington County line; then
(2) Proceed south along the Multnomah-Washington County for
approximately 1.2 miles to the county line's intersection with the
1,000-foot elevation contour; then
(3) Proceed northwesterly along the 1,000-foot elevation contour,
crossing onto the Vancouver map and continuing generally southwesterly
along the meandering 1,000-foot elevation contour to its intersection
with the Washington-Yamhill County line; then
(4) Proceed east along the Washington-Yamhill County line, crossing
onto the Gaston map, to the intersection of the county line with NW
South Road; then
(5) Proceed northeast along NW South Road to its intersection with
SW South Road; then
(6) Proceed northeasterly along SW South Road to its intersection
with the 200-foot elevation contour; then
(7) Proceed easterly along the 200-foot elevation contour for
approximately 1.9 miles to its intersection with East Main Street/SW
Gaston Road in the village of Gaston; then
(8) Proceed south, then east along SW Gaston Road for approximately
0.9 mile, crossing onto the Laurelwood map, to the road's intersection
with the 240-foot contour line just south of an unnamed road known
locally as SW Dixon Mill Road; then
(9) Proceed north along the meandering 240-foot elevation contour
for approximately 5 miles to its intersection with SW Sandstrom Road;
then
(10) Proceed west along SW Sandstrom Road for approximately 0.15
mile to its third crossing of the 200-foot elevation contour; then
(11) Proceed northwesterly and then northeasterly along the
meandering 200-foot contour line for approximately 2.9 miles to its
intersection with an unnamed road known locally as SW Fern Hill Road,
north of an unnamed road known locally as SW Blooming Fern Hill Road;
then
(12) Proceed north along SW Fern Hill Road for approximately 1.2
miles, crossing onto the Forest Grove map, to the road's intersection
with Oregon Highway 47; then
(13) Proceed northerly along Oregon Highway 47 for approximately
7.6 miles to its intersection with Oregon Highway 6/NW Wilson River
Highway; then
(14) Proceed east along Oregon Highway 6/NW Wilson River Highway
for approximately 2.5 miles to its intersection with Sunset Highway;
then
(15) Proceed southeast along Sunset Highway for approximately 2.3
miles to its intersection with the railroad tracks; then
(16) Proceed east along the railroad tracks, crossing onto the
Hillsboro map, to the intersection of the railroad tracks and an
unnamed road known locally as NW Dick Road; then
(17) Proceed south along NW Dick Road for approximately 0.3 mile to
its intersection with NW Phillips Road; then
(18) Proceed east along NW Phillips Road for approximately 1.2
miles, crossing onto the Linnton map, to the road's intersection with
an unnamed road known locally as NW Old Cornelius Pass Road; then
(19) Proceed northeast along NW Old Cornelius Pass Road to its
intersection with NW Skyline Boulevard Road; then
(20) Proceed north and west along NW Skyline Boulevard for
approximately 10.5 miles, crossing over the northeast corner of the
Hillsboro map and onto the Dixie Mountain map and then returning to the
beginning point.
0
3. Subpart C is amended by adding Sec. 9.____to read as follows:
Sec. 9.____ Laurelwood District.
(a) Name. The name of the viticultural area described in this
section is ``Laurelwood District''. For purposes of part 4 of this
chapter, ``Laurelwood District'' is a term of viticultural
significance.
(b) Approved maps. The six United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Laurelwood District viticultural area are titled:
(1) Laurelwood, OR, 2014;
(2) Scholls, Oreg., 1961; photorevised 1985;
(3) Newberg, OR, 2014;
(4) Beaverton, Oreg., 1961; photorevised 1984;
(5) Sherwood, Oreg., 1961; photorevised 1985; and
(6) Dundee, Oreg., 1956; revised 1993.
(c) Boundary. The Laurelwood District viticultural area is located
in Washington and Yamhill Counties, in Oregon. The boundary of the
Laurelwood District viticultural area is as described below:
(1) The beginning point is on the Laurelwood map at the
intersection of Winters Road and Blooming Fern Hill Road in section 17,
T1S/R3W. From the beginning point, proceed west then northwest along
Blooming Fern Hill Road for approximately 0.4 mile to its intersection
with the 200-foot elevation contour; then
(2) Proceed north then northeasterly along the 200-foot elevation
contour for 1.5 miles to its intersection with SW La Follette Road;
then
(3) Proceed south along SW La Follette Road for 0.25 mile to its
intersection with the 240-foot elevation contour, north of Blooming
Fern Hill Road; then
(4) Proceed easterly then southerly along the 240-foot elevation
contour, crossing onto the Scholls map and back onto the Laurelwood
map, for a total of 17 miles to the intersection of the elevation
contour with SW Laurel Road; then
(5) Proceed east along SW Laurel Road for 0.15 mile to its
intersection with the 200-foot elevation contour; then
(6) Proceed easterly along the 200-foot elevation contour, crossing
over the Scholls map and onto the Newberg map, then crossing Heaton
Creek and back onto the Scholls map for a total of 17.5 miles to the
intersection of the elevation contour with Mountain Home Road east of
Heaton Creek; then
(7) Proceed easterly then southerly along the 200-foot elevation
contour, crossing over the Beaverton and Sherwood maps and back onto
the Scholls map for a total of 8.9 miles to the intersection of the
elevation contour with the middle tributary of an unnamed stream along
the western boundary of section 24, T2S/R2W; then
(8) Proceed southeast along the 200-foot elevation contour,
crossing over the northeast corner of the Newberg map and onto the
Sherwood map, to the intersection of the elevation contour with Edy
Road in section 25, T2S/R2W; then
(9) Proceed southwest along the 200-foot elevation contour,
crossing onto the Newberg map and back onto the Sherwood map, to the
intersection of the elevation contour with Elwert Road along the
eastern boundary of section 25, T2S/R2W; then
(10) Proceed south along Elwert Road for 0.85 mile to its
intersection with an unnamed highway known locally as Oregon Highway
99W, along the eastern boundary of section 36, T2S/R2W; then
(11) Proceed southwesterly along Oregon Highway 99W for 0.45 mile
to its intersection with the 250-foot elevation contour immediately
south of an unnamed tributary of Cedar Creek in section 36, T2S/R2W;
then
(12) Proceed southerly along the 250-foot elevation contour for 1
mile to its intersection with Middleton Road in section 1, T2S/R2W;
then
[[Page 28450]]
(13) Proceed southwesterly along Middleton Road, which becomes Rein
Road, for 0.5 mile to the intersection of the road with the 200-foot
elevation contour immediately south of Cedar Creek; then
(14) Proceed easterly along the 200-foot elevation contour for 1.6
miles to its intersection with an unnamed light-duty east-west road
known locally as Brookman Road in the village of Middleton, section 6,
T3S/R1W; then
(15) Proceed east on Brookman Road for 0.4 mile to its intersection
with the shared Washington-Clackamas County line at the western corner
of section 5, T3S/R1W; then
(16) Proceed south along the Washington-Clackamas County line for 1
mile to its intersection with Parrett Mountain Road along the eastern
boundary of section 7, T3S/R1W; then
(17) Proceed southwesterly along Parrett Mountain Road, crossing
onto the Newberg map, for a total of 2.6 miles, to the intersection
with an unnamed local road known locally as NE Old Parrett Mountain
Road; then
(18) Proceed west along NE Old Parrett Mountain Road for 1.7 mile
to its intersection with NE Schaad Road; then
(19) Proceed west along NE Schaad Road for 0.5 mile to its
intersection with an unnamed local road known locally as NE Corral
Creek Road; then
(20) Proceed north along NE Corral Creek Road for 0.9 mile to its
westernmost intersection with an unnamed local road known locally as NE
Veritas Lane, south of Oregon Highway 99W; then
(21) Proceed north westerly in a straight line for approximately
0.05 mile to the intersection of Oregon Highway 99W and the 250-foot
elevation contour; then
(22) Proceed northwesterly along the 250-foot elevation contour for
1 mile to its intersection with the second, westernmost intermittent
stream that is an unnamed tributary of Spring Brook; then
(23) Proceed northerly along the unnamed stream, crossing the
single-gauge railroad track, for 0.5 mile to the intersection of the
stream with the 430-foot elevation contour; then
(24) Proceed west along the 430-foot elevation contour for 0.25
mile, crossing an unnamed road known locally as Owls Lane, to the
intersection of the elevation contour with NE Kincaid Road; then
(25) Proceed northwesterly along NE Kincaid Road for 0.25 mile to
its intersection with NE Springbrook Road; then
(26) Proceed northwesterly along NE Springbrook Road for 0.22 mile
to its intersection with an unnamed road known locally as Bell Road;
then
(27) Proceed east along Bell Road for 0.5 mile, making a sharp
northwesterly turn, then continuing along the road for 0.2 mile to its
intersection with Mountain Top Road; then
(28) Proceed northwesterly along Mountain Top Road for 1.9 miles to
its intersection with SW Hillsboro Highway, also known as Highway 219;
then
(29) Proceed north along SW Hillsboro Highway for 0.1 mile to its
intersection with Mountain Top Road at the Washington-Yamhill County
line; then
(30) Proceed northwest along Mountain Top Road for 3.1 miles,
crossing onto the Dundee map, to the intersection of the road with Bald
Peak Road in section 26, T2S/R3W; then
(31) Proceed northwest, then northeast, then north along Bald Peak
Road, crossing onto the Laurelwood map, for a total of 4.8 miles, to
the intersection of the road with SW Laurelwood Road; then
(32) Proceed southwest, then northwest, along SW Laurelwood Road
for 0.8 mile to its intersection with the 700-foot elevation contour;
then
(33) Proceed northeast, then northwest, then north along the 700-
foot elevation contour for 5 miles, passing west of Iowa Hill and
Spring Hill, to the intersection of the elevation contour and SW
Winters Road; then
(34) Proceed north on SW Winters Road for 2 miles, returning to the
beginning point.
Dated: March 25, 2019.
John J. Manfreda,
Administrator.
Approved: April 30, 2019.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2019-12872 Filed 6-18-19; 8:45 am]
BILLING CODE 4810-31-P