Establishment of the Tualatin Hills and Laurelwood District Viticultural Areas, 34095-34100 [2020-10919]
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2019–0003; T.D. TTB–160;
Ref: Notice No. 181]
RIN 1513–AC52
Establishment of the Tualatin Hills and
Laurelwood District Viticultural Areas
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 144,000-acre ‘‘Tualatin
Hills’’ viticultural area in portions of
Multnomah and Washington Counties,
Oregon, and the approximately 33,600acre ‘‘Laurelwood District’’ viticultural
area in portions of Washington and
Yamhill Counties, Oregon. TTB is
establishing both viticultural areas in
the same document because a small
portion of their boundaries is
contiguous. The two viticultural areas
lie entirely within the established
Willamette Valley viticultural area. The
Laurelwood District viticultural area is
also entirely within the established
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.
DATES: This final rule is effective July 6,
2020.
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:
SUMMARY:
Background on Viticultural Areas
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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
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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 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 laws.
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 to TTB 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
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 grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes 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,
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soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• 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 showing 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 in portions of Multnomah and
Washington Counties.
The proposed Tualatin Hills AVA is
located in Oregon, lies entirely within
the established Willamette Valley AVA
(27 CFR 9.90), and covers approximately
144,000 acres. There are 33
commercially-producing vineyards
covering a total of approximately 860.5
acres, as well as 21 wineries, within the
proposed AVA. According to the
petition, the distinguishing features of
the proposed Tualatin Hills AVA are its
soils, elevation, and climate.
The soils of the proposed AVA are
described as primarily Laurelwood soils
and similar associated types, such as
Kinton and Cornelius soils, with almost
no exposed volcanic or marine
sedimentary soil types. The Laurelwood
soils are derived from weathered basalt
and loess and are fine, silty soils with
no rocks. The soils generally have low
levels of organic material and a high
clay content, making them moderately
fertile without promoting overly
vigorous vine growth. The soils reach
depths of up to 100 feet which, when
combined with the high clay content,
reduces the need for irrigation in most
vineyards within the proposed AVA.
The petition describes Laurelwood
soils as 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
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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. 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.
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, which is generally
considered the upper limit for growing
commercial wine grapes in this region
of Oregon. Furthermore, the petition
states that elevations below 200 feet
were excluded because the lower
elevations are relatively flat and more
susceptible to frost. The proposed AVA
is surrounded to the north and west by
the higher elevations of the Coastal
Range, which typically exceed 1,000
feet. 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, are considered to be a separate,
distinct landform from the uplands
within the proposed Tualatin Hills
AVA.
The climate of the proposed Tualatin
Hills AVA is characterized by average
annual rainfall amounts of 43.67 inches,
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which is lower than annual rainfall
amounts in the regions to the west and
north, and higher than amounts in the
regions to the east and south. The
moderate rainfall amounts discourage
the growth of mold and mildew in
vineyards within the AVA. Differences
between daytime high temperatures and
nighttime low temperatures, referred to
as diurnal temperature variations, are
greater in the proposed AVA than in the
all the surrounding regions except the
region to the south. Greater diurnal
variations slow the development of
sugars and reduce acid loss in grapes,
allowing grape varietals that require a
long growing season to fully develop
their flavor and aroma compounds.
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.
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.
According to the petition, the
distinguishing feature of the proposed
Laurelwood District 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
consists 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
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Laurelwood District AVA. Within the
proposed Tualatin Hills AVA, large
concentrations of Laurelwood soil are
dispersed throughout, separated by
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.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 181 in the
Federal Register on June 19, 2019 (84
FR 28442), proposing to establish the
Tualatin Hills and Laurelwood District
AVAs. In the notice, TTB summarized
the evidence from the two petitions
regarding the name, boundary, and
distinguishing features for the proposed
AVAs. The notice also compared the
distinguishing features of the proposed
AVAs to the surrounding areas. For a
detailed description of the evidence
relating to the name, boundary, and
distinguishing features of the proposed
AVAs, and for a detailed comparison of
the distinguishing features of the
proposed AVAs to the surrounding
areas, see Notice No. 181.
In Notice No. 181, TTB solicited
comments on the accuracy of the name,
boundary, and other required
information submitted in support of the
petition. In addition, given the proposed
Tualatin Hills and Laurelwood District
AVA’s location within the Willamette
Valley AVA, TTB solicited comments
on whether the evidence submitted in
the petition regarding the distinguishing
features of the two proposed AVAs
sufficiently differentiates them from the
Willamette Valley AVA. TTB also
requested comments on whether the
geographic features of the proposed
AVAs are so distinguishable from the
Willamette Valley AVA that the
proposed AVAs should no longer be
part of the established AVA. TTB
solicited comments on whether
distinguishing features of the proposed
Laurelwood District sufficiently
differentiate it from the established
Chehalem Mountains AVA, and if the
features of the proposed AVA are so
distinctive that it should no longer be
part of the established Chehalem
Mountains AVA. Finally, TTB also
solicited comments on whether the
distinguishing features of the proposed
Laurelwood District AVA sufficiently
differentiate it from the proposed
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neighboring Tualatin Hills AVA, and on
whether the distinguishing features of
the proposed Tualatin Hills AVA
sufficiently differentiate it from the
proposed Laurelwood District AVA. The
comment period closed August 19,
2019.
Comments Received on the Proposed
Tualatin Hills and Laurelwood District
AVAs
In response to Notice No. 181, TTB
received a total of nine comments. Of
the nine comments, only one comment
(comment 3) specifically mentioned the
proposed Tualatin Hills AVA. That
comment, submitted by a local wine
industry member with vineyards in both
of the proposed AVAs, supported the
establishment of the proposed Tualatin
Hills AVA as a way to inform
consumers of the region’s
characteristics, which he believes are
unique from the surrounding regions,
including the proposed Laurelwood
District AVA. None of the comments
opposed the establishment of the
proposed Tualatin Hills AVA or its
inclusion within the established
Willamette Valley AVA.
All nine of the comments TTB
received mentioned the proposed
Laurelwood District AVA. Three of the
comments, comments 1, 4, and 5, did
not oppose establishing this AVA, but
expressed opposition to the proposed
Laurelwood District AVA name. The
opposing comments generally state the
belief that naming an AVA after a soil
type would be misleading, as it would
imply that the soil is found only within
that AVA, when in fact there are
vineyards outside the proposed AVA
that are planted entirely on Laurelwood
soil. As a result, consumers would be
confused by wines made outside the
proposed Laurelwood District AVA that
claim that the grapes were grown in
Laurelwood soils. Comment 4 stated
that allowing an AVA to be named after
a soil type would ‘‘set a dangerous
precedent’’ and could lead to the
creation of other AVAs that treat the
name of a soil type as if it were ‘‘solely
proprietary.’’ Comment 4 was the only
comment to suggest alternative names
for the proposed AVA, including ‘‘North
Slope,’’ ‘‘Laurel,’’ ‘‘Mountainside,’’
‘‘Fern Hill, ‘‘Spring Hill,’’ ‘‘Midway,’’
and ‘‘Mountain Home.’’ Comment 4
appeared to favor the name ‘‘North
Slope,’’ noting that 91 percent of the
wine wholesalers the commenter
surveyed in his work as a director of
wine sales for a local winery preferred
that name to ‘‘Laurelwood District.’’
Comment 4 also claimed that the
website of Ponzi Vineyards, one of the
petitioners for the proposed Laurelwood
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District AVA, uses the phrase ‘‘North
Slope’’ to refer to the vineyard’s
location.
Six of the comments support the
establishment of the Laurelwood
District AVA as proposed. The
supporting comments all came from
self-identified local wine industry
members. The comments generally
support the proposed Laurelwood
District AVA due to the prevalence of
the Laurelwood soil, and believe that
the establishment of the proposed AVA
would provide consumers with more
information about the origin of the
grapes in the wine, rather than cause
confusion. Comment 6 also stated the
belief that there is ample evidence that
the region of the proposed AVA is
known as ‘‘Laurelwood,’’ but did not
provide any additional examples.
TTB Response to Opposing Comments
TTB believes that the commenters
who oppose the proposed ‘‘Laurelwood
District’’ AVA name may misunderstand
the rationale for the proposed name and
what limitations its establishment
would place on the use of the
Laurelwood soil name on a wine label
or in advertising. Although the
prominent soil series in both the
proposed Tualatin Hills and
Laurelwood District AVAs is called
‘‘Laurelwood,’’ the proposed
Laurelwood District AVA does not
derive its name from the soil but from
the community of Laurelwood, which,
according to the petition, was named
after a school built in the area in 1904.
The soil series was first formally
identified by the USDA in 1974,1 on
Iowa Hill within the proposed AVA.
Establishment of the proposed
Laurelwood District AVA would not set
a precedent of naming AVAs after a soil
series because § 9.12(a)(1) of the TTB
regulations requires a petitioner to
provide evidence that the region is
referred to by the proposed name. If the
proposed name refers only to a soil
series, the name would not meet the
regulatory requirements. TTB has
determined that the petition provided
sufficient evidence to demonstrate that
the name ‘‘Laurelwood’’ applies to the
larger region surrounding the
community of Laurelwood, including
the region of the proposed AVA, and
that the name does not apply solely to
the soil series.
Furthermore, TTB notes that at least
20 established AVAs share their names
with soils or soil series. For example,
Comment 8, submitted in response to
the proposed rulemaking, mentions The
1 https://soilseries.sc.egov.usda.gov/OSD_Docs/L/
LAURELWOOD.html.
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34097
Rocks District of Milton-Freewater AVA
(27 CFR 9.249), which shares its name
with the Freewater soil series,2 a soil
series found within and outside of the
AVA.3 The Loess Hills District AVA (27
CFR 9.255) includes the word ‘‘loess,’’
which is the predominant type of soil
found within the AVA but also exists
elsewhere.4 The Arroyo Seco AVA (27
CFR 9.59) shares its name with the
Arroyo Seco soil series,5 which is found
within the AVA and elsewhere in
Monterey County, California.6 The
establishment of these AVAs does not
prohibit winemakers from mentioning
the presence of the soil series in their
vineyards, nor does it prohibit any other
AVAs from containing these soils.
Further, when established, no
commenters expressed concern or
opposition that these AVAs share names
with a soil series found within and
outside their boundaries.
Additionally, although the
distinguishing feature of the proposed
Laurelwood District AVA is the
Laurelwood soil series, it is not merely
the presence of this soil that defines the
proposed AVA. The Laurelwood soil
series does have a very narrow range,
but it is found in some of the regions
surrounding the proposed Laurelwood
District AVA, including the proposed
Tualatin Hills AVA. What primarily
distinguishes the proposed Laurelwood
District AVA from other regions that
contain Laurelwood soil is the nearuniformity of the soil within the
proposed boundaries. Soil maps
included as Exhibit A–1 of the Tualatin
Hills AVA petition and Figure 1 of the
Laurelwood District AVA show that the
soils of the proposed Laurelwood AVA
consist almost entirely of Laurelwood
series, whereas the proposed Tualatin
Hills AVA has large patches of
Laurelwood soils separated by expanses
of soils from other series, including
Kinton and Cornelius soils.7 Because
Exhibit A–1 was too large to include in
the online public docket, TTB has
placed a similar image of the entire
extent of the Laurelwood soil series
2 https://soilseries.sc.egov.usda.gov/OSD_Docs/F/
FREEWATER.html.
3 ‘‘Petition to establish The Rocks District of
Milton-Freewater American Viticultural Area,
Oregon,’’ Page 3, within Docket No. TTB–2014–
0003 at https://www.regulations.gov.
4 80 FR 34857, 34858–34859, ‘‘Notice of Proposed
Rulemaking—Proposed Establishment of the Loess
Hills District Viticultural Area.’’
5 https://soilseries.sc.egov.usda.gov/OSD_Docs/A/
ARROYO_SECO.html.
6 See Figure 5.8–1 of the Environmental Impact
Report of the Rancho San Juan Specific Plan and
HYH Property Project, https://
www.co.monterey.ca.us/home/
showdocument?id=36998.
7 See Exhibits A–1 and Figure 1 in the docket
number TTB–2019–0003 at www.regulations.gov.
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obtained from the University of
California–Davis Soil Series Extent
Explorer 8 in the docket. Establishment
of the AVA would not mean that TTB
does not recognize the presence of
Laurelwood soil in other regions or
AVAs, only that TTB recognizes the
ubiquity of the soil within the proposed
AVA as the feature that distinguishes it
from the surrounding regions.
TTB is proposing to make only the
full name of the proposed Laurelwood
District AVA a term of viticultural
significance. Additionally, current label
holders who use the word
‘‘Laurelwood’’ in a brand name would
not be affected by the establishment of
the Laurelwood District AVA.
Finally, although comment 4
provided some alternative names for the
proposed Laurelwood District AVA, the
comment only noted that the names
were names of features or communities
within the proposed AVA. The
comment did not include evidence that
the entire region of the proposed AVA
is known by any of these alternative
names, as required by § 9.12(a)(1). The
link to the Ponzi Vineyards website
included in the comment 9 does note
that the family’s vineyards are ‘‘situated
on the North slope (sic)’’ of the
Chehalem Mountains AVA, but it is
unclear if this statement uses the phrase
‘‘North slope’’ more to describe the
geographic orientation of the vineyards,
rather than as the name of the entire
region. Therefore, TTB cannot
determine that ‘‘North Slope’’ or any of
the other suggested names would be
more appropriate for the proposed AVA
than ‘‘Laurelwood District.’’
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TTB Determination
After careful review of the petition
and the comments received in response
to Notice No. 181, TTB finds that the
evidence provided by the petitioners
supports the establishment of the
Tualatin Hills and Laurelwood District
AVAs. Accordingly, under the authority
of the FAA Act, section 1111(d) of the
Homeland Security Act of 2002, and
part 4 of the TTB regulations, TTB
establishes the ‘‘Tualatin Hills’’ AVA in
portions of Multnomah and Washington
Counties, Oregon, and the ‘‘Laurelwood
District’’ AVA in portions of
Washington and Yamhill Counties,
Oregon, effective 30 days from the
publication date of this document.
TTB has also determined that the
Tualatin Hills AVA will remain part of
the established Willamette Valley AVA.
8 https://casoilresource.lawr.ucdavis.edu/see/
#laurelwood.
9 https://www.ponzivineyards.com/About-Us/
Vineyards.
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As discussed in Notice No. 181, the
Tualatin Hills AVA shares some broad
characteristics with the Willamette
Valley AVA. For example, elevations
within both AVAs are generally below
1,000 feet, and the soils are primarily
silty loams and clay loams. However,
the Tualatin Hills AVA is comprised
mainly of rolling hills and lacks the
major valley floors that are a primary
feature of the Willamette Valley AVA.
Additionally, annual rainfall amounts
are slightly higher for the Tualatin Hills
AVA than for the Willamette Valley
AVA in general.
TTB has also determined that the
Laurelwood District AVA will remain
part of both the established Willamette
Valley AVA and the established
Chehalem Mountains AVA. As
discussed in Notice No. 181, the
Laurelwood District AVA shares some
broad characteristics with both
established AVAs. For example, both
the Willamette Valley AVA and the
Laurelwood District AVA are in the rain
shadow of the Cascade Mountains and,
therefore, share similar annual rainfall
amounts and growing degree day
accumulations. Like the Chehalem
Mountains AVA, the Laurelwood
District AVA consists of hilly-tomountainous terrain with vineyards
planted at elevations between 200 and
1,000 feet. However, the Laurelwood
District AVA differs from both the
Willamette Valley and Chehalem
Mountains AVAs because its primary
soil is the Laurelwood series, whereas
the other two AVAs have a much wider
diversity of soils.
Boundary Description
See the narrative description of the
boundary of the Tualatin Hills AVA and
the Laurelwood District AVA in the
regulatory text published at the end of
this final rule.
Maps
The petitioners provided the required
maps, and they are listed below in the
regulatory text. The boundaries of the
Tualatin Hills and Laurelwood District
AVAs may also be viewed on the AVA
Map Explorer on the TTB website, at
https://www.ttb.gov/wine/ava-mapexplorer.
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
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
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that name, and the wine must meet the
other conditions listed in 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
27 CFR 4.39(i)(2) for details.
With the establishment of these two
AVAs, their names, ‘‘Tualatin Hills’’
and ‘‘Laurelwood District,’’ will be
recognized as names of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the regulations clarifies this
point. Consequently, wine bottlers using
the name ‘‘Tualatin Hills’’ or
‘‘Laurelwood District’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, will have to ensure that the
product is eligible to use the AVA name
as an appellation of origin. TTB is not
designating the phrase ‘‘Laurelwood’’ as
a term of viticultural significance, in
order to avoid a potential negative effect
on current labels that use ‘‘Laurelwood’’
as part of a brand name or as a truthful
description of vineyard soils on wine
labels. Therefore, the phrase
‘‘Laurelwood’’ (without the word
‘‘district’’) may be used as a brand
name, part of a brand name, or a truthful
description of vineyard soils on wine
labels without having to meet the
appellation of origin eligibility
requirements for the Laurelwood
District AVA.
The establishment of the Tualatin
Hills and Laurelwood District AVAs
will not affect any existing AVA, and
any bottlers using ‘‘Willamette Valley’’
or ‘‘Chehalem Mountains’’ as an
appellation of origin or in a brand name
for wines made from grapes grown
within the Willamette Valley AVA will
not be affected by the establishment of
these new AVAs. The establishment of
the Tualatin Hills AVA will allow
vintners to use ‘‘Tualatin Hills’’ and
‘‘Willamette Valley’’ as appellations of
origin for wines made primarily from
grapes grown within the Tualatin Hills
AVA if the wines meet the eligibility
requirements for the appellation. The
establishment of the Laurelwood
District AVA will allow vintners to use
‘‘Laurelwood District,’’ ‘‘Willamette
Valley,’’ and ‘‘Chehalem Mountains’’ as
appellations of origin for wines made
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primarily from grapes grown within the
Laurelwood District AVA if the wines
meet the eligibility requirements for the
appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA 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 final
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 final
rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.268 to read as follows:
■
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§ 9.268
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;
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(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
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 200foot 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
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34099
(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.
■ 3. Subpart C is amended by adding
§ 9.269 to read as follows:
§ 9.269
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
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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 200foot 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 200foot 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
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(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 250foot elevation contour for 1 mile to its
intersection with Middleton Road in
section 1, T2S/R2W; then
(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 200foot 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 singlegauge railroad track, for 0.5 mile to the
intersection of the stream with the 430foot elevation contour; then
(24) Proceed west along the 430-foot
elevation contour for 0.25 mile, crossing
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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.
Signed: January 28, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: May 13, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2020–10919 Filed 6–2–20; 8:45 am]
BILLING CODE 4810–31–P
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Agencies
[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34095-34100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10919]
[[Page 34095]]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2019-0003; T.D. TTB-160; Ref: Notice No. 181]
RIN 1513-AC52
Establishment of the Tualatin Hills and Laurelwood District
Viticultural Areas
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 144,000-acre ``Tualatin Hills'' viticultural area in
portions of Multnomah and Washington Counties, Oregon, and the
approximately 33,600-acre ``Laurelwood District'' viticultural area in
portions of Washington and Yamhill Counties, Oregon. TTB is
establishing both viticultural areas in the same document because a
small portion of their boundaries is contiguous. The two viticultural
areas lie entirely within the established Willamette Valley
viticultural area. The Laurelwood District viticultural area is also
entirely within the established 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.
DATES: This final rule is effective July 6, 2020.
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 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 laws.
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 to TTB 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 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
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 boundary;
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 showing 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 in
portions of Multnomah and Washington Counties.
The proposed Tualatin Hills AVA is located in Oregon, lies entirely
within the established Willamette Valley AVA (27 CFR 9.90), and covers
approximately 144,000 acres. There are 33 commercially-producing
vineyards covering a total of approximately 860.5 acres, as well as 21
wineries, within the proposed AVA. According to the petition, the
distinguishing features of the proposed Tualatin Hills AVA are its
soils, elevation, and climate.
The soils of the proposed AVA are described as primarily Laurelwood
soils and similar associated types, such as Kinton and Cornelius soils,
with almost no exposed volcanic or marine sedimentary soil types. The
Laurelwood soils are derived from weathered basalt and loess and are
fine, silty soils with no rocks. The soils generally have low levels of
organic material and a high clay content, making them moderately
fertile without promoting overly vigorous vine growth. The soils reach
depths of up to 100 feet which, when combined with the high clay
content, reduces the need for irrigation in most vineyards within the
proposed AVA.
The petition describes Laurelwood soils as 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
[[Page 34096]]
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. 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.
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, which is generally considered the upper limit for growing
commercial wine grapes in this region of Oregon. Furthermore, the
petition states that elevations below 200 feet were excluded because
the lower elevations are relatively flat and more susceptible to frost.
The proposed AVA is surrounded to the north and west by the higher
elevations of the Coastal Range, which typically exceed 1,000 feet. 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, are considered to be a separate, distinct landform
from the uplands within the proposed Tualatin Hills AVA.
The climate of the proposed Tualatin Hills AVA is characterized by
average annual rainfall amounts of 43.67 inches, which is lower than
annual rainfall amounts in the regions to the west and north, and
higher than amounts in the regions to the east and south. The moderate
rainfall amounts discourage the growth of mold and mildew in vineyards
within the AVA. Differences between daytime high temperatures and
nighttime low temperatures, referred to as diurnal temperature
variations, are greater in the proposed AVA than in the all the
surrounding regions except the region to the south. Greater diurnal
variations slow the development of sugars and reduce acid loss in
grapes, allowing grape varietals that require a long growing season to
fully develop their flavor and aroma compounds.
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. 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.
According to the petition, the distinguishing feature of the
proposed Laurelwood District 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 consists 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 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.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 181 in the Federal Register on June 19,
2019 (84 FR 28442), proposing to establish the Tualatin Hills and
Laurelwood District AVAs. In the notice, TTB summarized the evidence
from the two petitions regarding the name, boundary, and distinguishing
features for the proposed AVAs. The notice also compared the
distinguishing features of the proposed AVAs to the surrounding areas.
For a detailed description of the evidence relating to the name,
boundary, and distinguishing features of the proposed AVAs, and for a
detailed comparison of the distinguishing features of the proposed AVAs
to the surrounding areas, see Notice No. 181.
In Notice No. 181, TTB solicited comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. In addition, given the proposed Tualatin Hills and
Laurelwood District AVA's location within the Willamette Valley AVA,
TTB solicited comments on whether the evidence submitted in the
petition regarding the distinguishing features of the two proposed AVAs
sufficiently differentiates them from the Willamette Valley AVA. TTB
also requested comments on whether the geographic features of the
proposed AVAs are so distinguishable from the Willamette Valley AVA
that the proposed AVAs should no longer be part of the established AVA.
TTB solicited comments on whether distinguishing features of the
proposed Laurelwood District sufficiently differentiate it from the
established Chehalem Mountains AVA, and if the features of the proposed
AVA are so distinctive that it should no longer be part of the
established Chehalem Mountains AVA. Finally, TTB also solicited
comments on whether the distinguishing features of the proposed
Laurelwood District AVA sufficiently differentiate it from the proposed
[[Page 34097]]
neighboring Tualatin Hills AVA, and on whether the distinguishing
features of the proposed Tualatin Hills AVA sufficiently differentiate
it from the proposed Laurelwood District AVA. The comment period closed
August 19, 2019.
Comments Received on the Proposed Tualatin Hills and Laurelwood
District AVAs
In response to Notice No. 181, TTB received a total of nine
comments. Of the nine comments, only one comment (comment 3)
specifically mentioned the proposed Tualatin Hills AVA. That comment,
submitted by a local wine industry member with vineyards in both of the
proposed AVAs, supported the establishment of the proposed Tualatin
Hills AVA as a way to inform consumers of the region's characteristics,
which he believes are unique from the surrounding regions, including
the proposed Laurelwood District AVA. None of the comments opposed the
establishment of the proposed Tualatin Hills AVA or its inclusion
within the established Willamette Valley AVA.
All nine of the comments TTB received mentioned the proposed
Laurelwood District AVA. Three of the comments, comments 1, 4, and 5,
did not oppose establishing this AVA, but expressed opposition to the
proposed Laurelwood District AVA name. The opposing comments generally
state the belief that naming an AVA after a soil type would be
misleading, as it would imply that the soil is found only within that
AVA, when in fact there are vineyards outside the proposed AVA that are
planted entirely on Laurelwood soil. As a result, consumers would be
confused by wines made outside the proposed Laurelwood District AVA
that claim that the grapes were grown in Laurelwood soils. Comment 4
stated that allowing an AVA to be named after a soil type would ``set a
dangerous precedent'' and could lead to the creation of other AVAs that
treat the name of a soil type as if it were ``solely proprietary.''
Comment 4 was the only comment to suggest alternative names for the
proposed AVA, including ``North Slope,'' ``Laurel,'' ``Mountainside,''
``Fern Hill, ``Spring Hill,'' ``Midway,'' and ``Mountain Home.''
Comment 4 appeared to favor the name ``North Slope,'' noting that 91
percent of the wine wholesalers the commenter surveyed in his work as a
director of wine sales for a local winery preferred that name to
``Laurelwood District.'' Comment 4 also claimed that the website of
Ponzi Vineyards, one of the petitioners for the proposed Laurelwood
District AVA, uses the phrase ``North Slope'' to refer to the
vineyard's location.
Six of the comments support the establishment of the Laurelwood
District AVA as proposed. The supporting comments all came from self-
identified local wine industry members. The comments generally support
the proposed Laurelwood District AVA due to the prevalence of the
Laurelwood soil, and believe that the establishment of the proposed AVA
would provide consumers with more information about the origin of the
grapes in the wine, rather than cause confusion. Comment 6 also stated
the belief that there is ample evidence that the region of the proposed
AVA is known as ``Laurelwood,'' but did not provide any additional
examples.
TTB Response to Opposing Comments
TTB believes that the commenters who oppose the proposed
``Laurelwood District'' AVA name may misunderstand the rationale for
the proposed name and what limitations its establishment would place on
the use of the Laurelwood soil name on a wine label or in advertising.
Although the prominent soil series in both the proposed Tualatin Hills
and Laurelwood District AVAs is called ``Laurelwood,'' the proposed
Laurelwood District AVA does not derive its name from the soil but from
the community of Laurelwood, which, according to the petition, was
named after a school built in the area in 1904. The soil series was
first formally identified by the USDA in 1974,\1\ on Iowa Hill within
the proposed AVA. Establishment of the proposed Laurelwood District AVA
would not set a precedent of naming AVAs after a soil series because
Sec. 9.12(a)(1) of the TTB regulations requires a petitioner to
provide evidence that the region is referred to by the proposed name.
If the proposed name refers only to a soil series, the name would not
meet the regulatory requirements. TTB has determined that the petition
provided sufficient evidence to demonstrate that the name
``Laurelwood'' applies to the larger region surrounding the community
of Laurelwood, including the region of the proposed AVA, and that the
name does not apply solely to the soil series.
---------------------------------------------------------------------------
\1\ https://soilseries.sc.egov.usda.gov/OSD_Docs/L/LAURELWOOD.html.
---------------------------------------------------------------------------
Furthermore, TTB notes that at least 20 established AVAs share
their names with soils or soil series. For example, Comment 8,
submitted in response to the proposed rulemaking, mentions The Rocks
District of Milton-Freewater AVA (27 CFR 9.249), which shares its name
with the Freewater soil series,\2\ a soil series found within and
outside of the AVA.\3\ The Loess Hills District AVA (27 CFR 9.255)
includes the word ``loess,'' which is the predominant type of soil
found within the AVA but also exists elsewhere.\4\ The Arroyo Seco AVA
(27 CFR 9.59) shares its name with the Arroyo Seco soil series,\5\
which is found within the AVA and elsewhere in Monterey County,
California.\6\ The establishment of these AVAs does not prohibit
winemakers from mentioning the presence of the soil series in their
vineyards, nor does it prohibit any other AVAs from containing these
soils. Further, when established, no commenters expressed concern or
opposition that these AVAs share names with a soil series found within
and outside their boundaries.
---------------------------------------------------------------------------
\2\ https://soilseries.sc.egov.usda.gov/OSD_Docs/F/FREEWATER.html.
\3\ ``Petition to establish The Rocks District of Milton-
Freewater American Viticultural Area, Oregon,'' Page 3, within
Docket No. TTB-2014-0003 at https://www.regulations.gov.
\4\ 80 FR 34857, 34858-34859, ``Notice of Proposed Rulemaking--
Proposed Establishment of the Loess Hills District Viticultural
Area.''
\5\ https://soilseries.sc.egov.usda.gov/OSD_Docs/A/ARROYO_SECO.html.
\6\ See Figure 5.8-1 of the Environmental Impact Report of the
Rancho San Juan Specific Plan and HYH Property Project, https://www.co.monterey.ca.us/home/showdocument?id=36998.
---------------------------------------------------------------------------
Additionally, although the distinguishing feature of the proposed
Laurelwood District AVA is the Laurelwood soil series, it is not merely
the presence of this soil that defines the proposed AVA. The Laurelwood
soil series does have a very narrow range, but it is found in some of
the regions surrounding the proposed Laurelwood District AVA, including
the proposed Tualatin Hills AVA. What primarily distinguishes the
proposed Laurelwood District AVA from other regions that contain
Laurelwood soil is the near-uniformity of the soil within the proposed
boundaries. Soil maps included as Exhibit A-1 of the Tualatin Hills AVA
petition and Figure 1 of the Laurelwood District AVA show that the
soils of the proposed Laurelwood AVA consist almost entirely of
Laurelwood series, whereas the proposed Tualatin Hills AVA has large
patches of Laurelwood soils separated by expanses of soils from other
series, including Kinton and Cornelius soils.\7\ Because Exhibit A-1
was too large to include in the online public docket, TTB has placed a
similar image of the entire extent of the Laurelwood soil series
[[Page 34098]]
obtained from the University of California-Davis Soil Series Extent
Explorer \8\ in the docket. Establishment of the AVA would not mean
that TTB does not recognize the presence of Laurelwood soil in other
regions or AVAs, only that TTB recognizes the ubiquity of the soil
within the proposed AVA as the feature that distinguishes it from the
surrounding regions.
---------------------------------------------------------------------------
\7\ See Exhibits A-1 and Figure 1 in the docket number TTB-2019-
0003 at www.regulations.gov.
\8\ https://casoilresource.lawr.ucdavis.edu/see/#laurelwood.
---------------------------------------------------------------------------
TTB is proposing to make only the full name of the proposed
Laurelwood District AVA a term of viticultural significance.
Additionally, current label holders who use the word ``Laurelwood'' in
a brand name would not be affected by the establishment of the
Laurelwood District AVA.
Finally, although comment 4 provided some alternative names for the
proposed Laurelwood District AVA, the comment only noted that the names
were names of features or communities within the proposed AVA. The
comment did not include evidence that the entire region of the proposed
AVA is known by any of these alternative names, as required by Sec.
9.12(a)(1). The link to the Ponzi Vineyards website included in the
comment \9\ does note that the family's vineyards are ``situated on the
North slope (sic)'' of the Chehalem Mountains AVA, but it is unclear if
this statement uses the phrase ``North slope'' more to describe the
geographic orientation of the vineyards, rather than as the name of the
entire region. Therefore, TTB cannot determine that ``North Slope'' or
any of the other suggested names would be more appropriate for the
proposed AVA than ``Laurelwood District.''
---------------------------------------------------------------------------
\9\ https://www.ponzivineyards.com/About-Us/Vineyards.
---------------------------------------------------------------------------
TTB Determination
After careful review of the petition and the comments received in
response to Notice No. 181, TTB finds that the evidence provided by the
petitioners supports the establishment of the Tualatin Hills and
Laurelwood District AVAs. Accordingly, under the authority of the FAA
Act, section 1111(d) of the Homeland Security Act of 2002, and part 4
of the TTB regulations, TTB establishes the ``Tualatin Hills'' AVA in
portions of Multnomah and Washington Counties, Oregon, and the
``Laurelwood District'' AVA in portions of Washington and Yamhill
Counties, Oregon, effective 30 days from the publication date of this
document.
TTB has also determined that the Tualatin Hills AVA will remain
part of the established Willamette Valley AVA. As discussed in Notice
No. 181, the Tualatin Hills AVA shares some broad characteristics with
the Willamette Valley AVA. For example, elevations within both AVAs are
generally below 1,000 feet, and the soils are primarily silty loams and
clay loams. However, the Tualatin Hills AVA is comprised mainly of
rolling hills and lacks the major valley floors that are a primary
feature of the Willamette Valley AVA. Additionally, annual rainfall
amounts are slightly higher for the Tualatin Hills AVA than for the
Willamette Valley AVA in general.
TTB has also determined that the Laurelwood District AVA will
remain part of both the established Willamette Valley AVA and the
established Chehalem Mountains AVA. As discussed in Notice No. 181, the
Laurelwood District AVA shares some broad characteristics with both
established AVAs. For example, both the Willamette Valley AVA and the
Laurelwood District AVA are in the rain shadow of the Cascade Mountains
and, therefore, share similar annual rainfall amounts and growing
degree day accumulations. Like the Chehalem Mountains AVA, the
Laurelwood District AVA consists of hilly-to-mountainous terrain with
vineyards planted at elevations between 200 and 1,000 feet. However,
the Laurelwood District AVA differs from both the Willamette Valley and
Chehalem Mountains AVAs because its primary soil is the Laurelwood
series, whereas the other two AVAs have a much wider diversity of
soils.
Boundary Description
See the narrative description of the boundary of the Tualatin Hills
AVA and the Laurelwood District AVA in the regulatory text published at
the end of this final rule.
Maps
The petitioners provided the required maps, and they are listed
below in the regulatory text. The boundaries of the Tualatin Hills and
Laurelwood District AVAs may also be viewed on the AVA Map Explorer on
the TTB website, at https://www.ttb.gov/wine/ava-map-explorer.
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 or with a
brand name that includes 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 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 27 CFR 4.39(i)(2) for details.
With the establishment of these two AVAs, their names, ``Tualatin
Hills'' and ``Laurelwood District,'' will be recognized as names of
viticultural significance under Sec. 4.39(i)(3) of the TTB regulations
(27 CFR 4.39(i)(3)). The text of the regulations clarifies this point.
Consequently, wine bottlers using the name ``Tualatin Hills'' or
``Laurelwood District'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, will have to
ensure that the product is eligible to use the AVA name as an
appellation of origin. TTB is not designating the phrase ``Laurelwood''
as a term of viticultural significance, in order to avoid a potential
negative effect on current labels that use ``Laurelwood'' as part of a
brand name or as a truthful description of vineyard soils on wine
labels. Therefore, the phrase ``Laurelwood'' (without the word
``district'') may be used as a brand name, part of a brand name, or a
truthful description of vineyard soils on wine labels without having to
meet the appellation of origin eligibility requirements for the
Laurelwood District AVA.
The establishment of the Tualatin Hills and Laurelwood District
AVAs will not affect any existing AVA, and any bottlers using
``Willamette Valley'' or ``Chehalem Mountains'' as an appellation of
origin or in a brand name for wines made from grapes grown within the
Willamette Valley AVA will not be affected by the establishment of
these new AVAs. The establishment of the Tualatin Hills AVA will allow
vintners to use ``Tualatin Hills'' and ``Willamette Valley'' as
appellations of origin for wines made primarily from grapes grown
within the Tualatin Hills AVA if the wines meet the eligibility
requirements for the appellation. The establishment of the Laurelwood
District AVA will allow vintners to use ``Laurelwood District,''
``Willamette Valley,'' and ``Chehalem Mountains'' as appellations of
origin for wines made
[[Page 34099]]
primarily from grapes grown within the Laurelwood District AVA if the
wines meet the eligibility requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
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 final 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 final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends 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. 9.268 to read as follows:
Sec. 9.268 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 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. 9.269 to read as follows:
Sec. 9.269 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
[[Page 34100]]
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
(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.
Signed: January 28, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: May 13, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-10919 Filed 6-2-20; 8:45 am]
BILLING CODE 4810-31-P