28442 Federal Register / Vol. 84, No. 118 / Wednesday, June 19, 2019 / Proposed Rules

traffic procedures and air navigation, it Issued in Fort Worth, Texas, on June 12, • Hand delivery/courier in lieu of is certified that this rule, when 2019. mail: Alcohol and Tobacco Tax and promulgated, would not have a John Witucki, Trade Bureau, 1310 G Street NW, Suite significant economic impact on a Acting Manager, Operations Support Group, 400, Washington, DC 20005. substantial number of small entities ATO Central Service Center. See the Public Participation section of under the criteria of the Regulatory [FR Doc. 2019–12899 Filed 6–18–19; 8:45 am] this notice for specific instructions and Flexibility Act. BILLING CODE 4910–13–P requirements for submitting comments, and for information on how to request Environmental Review a public hearing or view or obtain DEPARTMENT OF THE TREASURY copies of the petition and supporting This proposal will be subject to an materials. environmental analysis in accordance Alcohol and Tobacco Tax and Trade FOR FURTHER INFORMATION CONTACT: with FAA Order 1050.1F, Bureau Karen A. Thornton, Regulations and ‘‘Environmental Impacts: Policies and Rulings Division, Alcohol and Tobacco Procedures’’ prior to any FAA final 27 CFR Part 9 Tax and Trade Bureau, 1310 G Street regulatory action. [Docket No. TTB–2019–0003; Notice No. NW, Box 12, Washington, DC 20005; List of Subjects in 14 CFR Part 71 181] phone 202–453–1039, ext. 175. SUPPLEMENTARY INFORMATION: Airspace, Incorporation by reference, RIN: 1513–AC52 Background on Viticultural Areas Navigation (air). Proposed Establishment of the TTB Authority The Proposed Amendment Tualatin Hills and Laurelwood District Viticultural Areas Section 105(e) of the Federal Alcohol Accordingly, pursuant to the Administration Act (FAA Act), 27 authority delegated to me, the Federal AGENCY: Alcohol and Tobacco Tax and U.S.C. 205(e), authorizes the Secretary Aviation Administration proposes to Trade Bureau, Treasury. of the Treasury to prescribe regulations amend 14 CFR part 71 as follows: ACTION: Notice of proposed rulemaking. for the labeling of wine, distilled spirits, and malt beverages. The FAA Act SUMMARY: The Alcohol and Tobacco Tax PART 71—DESIGNATION OF CLASS A, provides that these regulations should, and Trade Bureau (TTB) proposes to B, C, D, AND E AIRSPACE AREAS; AIR among other things, prohibit consumer establish the approximately 144,000- TRAFFIC SERVICE ROUTES; AND deception and the use of misleading acre ‘‘Tualatin Hills’’ viticultural area in REPORTING POINTS statements on labels and ensure that portions of Multnomah and Washington labels provide the consumer with Counties, in Oregon. TTB is also ■ adequate information as to the identity 1. The authority citation for 14 CFR proposing to establish the and quality of the product. The Alcohol part 71 continues to read as follows: approximately 33,600-acre ‘‘Laurelwood and Tobacco Tax and Trade Bureau District’’ viticultural area in portions of Authority: 49 U.S.C. 106(f), 106(g); 40103, (TTB) administers the FAA Act Washington and Yamhill Counties, in 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, pursuant to section 1111(d) of the 1959–1963 Comp., p. 389. Oregon. TTB is proposing these two Homeland Security Act of 2002, viticultural areas simultaneously codified at 6 U.S.C. 531(d). The § 71.1 [Amended] because, if established, a small portion Secretary has delegated various of their boundaries would be ■ 2. The incorporation by reference in authorities through Treasury contiguous. Both proposed viticultural 14 CFR 71.1 of FAA Order 7400.11C, Department Order 120–01, dated areas are located entirely within the Airspace Designations and Reporting December 10, 2013, (superseding existing Willamette Valley viticultural Points, dated August 13, 2018, and Treasury Order 120–01, dated January area, and the proposed Laurelwood effective September 15, 2018, is 24, 2003), to the TTB Administrator to District viticultural area is also located amended as follows: perform the functions and duties in the entirely within the existing Chehalem administration and enforcement of these Paragraph 5000 Class D Airspace. Mountains viticultural area. TTB provisions. * * * * * designates viticultural areas to allow Part 4 of the TTB regulations (27 CFR vintners to better describe the origin of ASW LA D New Iberia, LA [Amended] part 4) authorizes TTB to establish their wines and to allow consumers to definitive viticultural areas and regulate Acadiana Regional Airport, LA better identify wines they may the use of their names as appellations of (Lat. 30°02′16″ N, long. 91°53′02″ W) purchase. TTB invites comments on this origin on wine labels and in wine That airspace extending upward from the proposed addition to its regulations. advertisements. Part 9 of the TTB surface to and including 2,500 feet MSL DATES: Comments must be received by regulations (27 CFR part 9) sets forth within a 4.2-mile radius of Acadiana August 19, 2019. standards for the preparation and Regional Airport, and within 1-mile each ADDRESSES: Please send your comments ° submission of petitions for the side of the 168 bearing from the airport on this notice to one of the following establishment or modification of extending from the 4.2-mile radius to 4.5 addresses: American viticultural areas (AVAs) and miles south of the airport, excluding the • Internet: http://www.regulations.gov lists the approved AVAs. Lafayette Regional Airport, LA, Class C (via the online comment form for this airspace area. This Class D airspace area is notice as posted within Docket No. Definition effective during the specific dates and times TTB–2019–0003 at ‘‘Regulations.gov,’’ Section 4.25(e)(1)(i) of the TTB established in advance by a Notice to the Federal e-rulemaking portal); regulations (27 CFR 4.25(e)(1)(i)) defines Airmen. The effective date and time will • U.S. Mail: Director, Regulations and a viticultural area for American wine as thereafter be continuously published in the Rulings Division, Alcohol and Tobacco a delimited grape-growing region having Chart Supplement. Tax and Trade Bureau, 1310 G Street distinguishing features, as described in NW, Box 12, Washington, DC 20005; or part 9 of the regulations, and a name

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and a delineated boundary, as The proposed Tualatin Hills AVA is contains higher elevations and a greater established in part 9 of the regulations. located west of the city of Portland and concentration of sedimentary, alluvial, These designations allow vintners and lies entirely within the established and volcanic soils than the proposed consumers to attribute a given quality, Willamette Valley AVA (27 CFR 9.90). AVA. The southeastern boundary also reputation, or other characteristic of a If established, the proposed Tualatin separates the proposed Tualatin Hills wine made from grapes grown in an area Hills AVA would also share a small AVA from the proposed Laurelwood to the wine’s geographic origin. The portion of its southeastern boundary District AVA. The eastern boundary establishment of AVAs allows vintners with a small portion of the northwestern separates the proposed Tualatin Hills to describe more accurately the origin of boundary of the proposed Laurelwood AVA from the heavily urbanized regions their wines to consumers and helps District AVA. The proposed AVA covers of metro Portland. Additionally, the consumers to identify wines they may approximately 144,000 acres and region east of the proposed AVA has purchase. Establishment of an AVA is contains 21 wineries and 33 generally lower elevations and flatter neither an approval nor an endorsement commercially-producing vineyards that topography, as well as deep alluvial by TTB of the wine produced in that cover a total of approximately 860.5 soils that are different from the soils of area. acres. the proposed AVA. The distinguishing features of the Requirements proposed Tualatin Hills AVA are its Distinguishing Features Section 4.25(e)(2) of the TTB soils, elevation, and climate. Unless The distinguishing features of the regulations (27 CFR 4.25(e)(2)) outlines otherwise noted, all information and proposed Tualatin Hills AVA are its the procedure for proposing an AVA data pertaining to the proposed AVA soils, elevation, and climate. and provides that any interested party contained in this document are from the Soils may petition TTB to establish a grape- petition for the proposed Tualatin Hills The petition states that the soils of the growing region as an AVA. Section 9.12 AVA and its supporting exhibits. proposed Tualatin Hills AVA are of the TTB regulations (27 CFR 9.12) Name Evidence primarily Laurelwood soils and similar prescribes the standards for petitions for associated types, with almost no the establishment or modification of The proposed Tualatin Hills AVA is a region of upland hills within the exposed volcanic or marine sedimentary AVAs. Petitions to establish an AVA Tualatin River watershed in soil types.1 The Laurelwood and must include the following: northwestern Oregon. The petition associated soils are unique to the • Evidence that the area within the provided evidence that the region is northwestern portion of the established proposed AVA boundary is nationally commonly referred to as the ‘‘Tualatin Willamette Valley AVA, which includes or locally known by the AVA name Hills.’’ For example, a hiking trail in the the proposed Tualatin Hills AVA. specified in the petition; According to the petition, the only place • region is called the Tualatin Hills An explanation of the basis for Nature Park Loop. The petition also outside the proposed AVA where defining the boundary of the proposed states that the Tualatin Hills Nature Laurelwood soils occur is on the AVA; Park, the Tualatin Hills Parks and northeast-facing slopes of the • A narrative description of the Recreation District, and Tualatin Hills established Chehalem Mountains AVA, features of the proposed AVA affecting Christian Church serve the proposed within the proposed Laurelwood viticulture, such as climate, geology, AVA. Finally, several sporting District AVA. However, the petition soils, physical features, and elevation, organizations serving the region use the notes that the Laurelwood soils within that make the proposed AVA distinctive name ‘‘Tualatin Hills,’’ including the the Chehalem Mountains AVA are and distinguish it from adjacent areas Tualatin Hills Junior Soccer League, the frequently mixed with volcanic, outside the proposed AVA; Tualatin Hills Barracudas adult swim sedimentary, and alluvial soils. • The appropriate United States team, the Tualatin Hills Water Polo Laurelwood soils are formed from Geological Survey (USGS) map(s) Club, the former Tualatin Hills Tennis weathered basalt combined with showing the location of the proposed Center, and the Tualatin Hills Dive windblown silt known as loess. The AVA, with the boundary of the Club. soils are fine, silty soils with no rocks proposed AVA clearly drawn thereon; and generally have low levels of organic • An explanation of the proposed Boundary Evidence material and a high clay content. The AVA is sufficiently distinct from an The proposed Tualatin Hills AVA is soils are considered to be moderately existing AVA so as to warrant separate a roughly C-shaped region of hills west fertile and, therefore, do not promote recognition, if the proposed AVA is to of Portland, Oregon, in the hills of the overly vigorous vine growth. The soils be established within, or overlapping, Tualatin River watershed. According to reach depths of up to 100 feet. The an existing AVA; and the petition, the proposed AVA’s depth of the soils, combined with the • A detailed narrative description of boundaries are drawn to separate the high clay content, reduces the need for the proposed AVA boundary based on proposed AVA from regions with irrigation in most vineyards within the USGS map markings. different soils, elevations, and climate. proposed AVA. The proposed northern and western Laurelwood soils also contain small, Tualatin Hills Petition boundaries follow the 1,000-foot round iron manganese structures called TTB received a petition from Rudolf elevation contour and separate the ‘‘pisolites,’’ which range in size from a Marchesi, president of Montinore Estate, proposed AVA from the higher grain of sand to a pea. These pisolites Alfredo Apolloni, owner and elevations within the Coast Range. The are found only in Laurelwood soils and, winemaker of Apolloni Vineyards, and proposed northern and western according to the petition, affect the taste Mike Kuenz, general manager of David boundaries also coincide with the and smell of wines. For example, the Hill Vineyard and Winery, on behalf of boundary of the established Willamette themselves and other local grape Valley AVA. The southern and 1 See Petition to create the Laurelwood District American Viticultural Area, Appendices 2–3 and growers and vintners, proposing the southeastern boundaries are drawn to Figure 2, available for review in the docket for this establishment of the ‘‘Tualatin Hills’’ exclude the established Chehalem rulemaking at ‘‘Regulations.gov’’ (These materials AVA. Mountains AVA (27 CFR 9.205), which contain analyses of Laurelwood soil).

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petition asserts that the pisolites higher elevations. Cold air can drain McMinnville, which is approximately contribute to the rose-petal aroma of from the hillsides, reducing the risk of 20 miles south of the proposed AVA, Pinot Noir wines made from grapes frost in hillside vineyards, but the cold has an average annual rainfall amount of grown in the Laurelwood soils of the air will pool in the lower, flatter regions 42.15 inches. The petition states that proposed AVA. and increase the risk of frost there. without the sheltering effect of the Coast To the north of the proposed Tualatin Additionally, air moving down the Range, rainfall amounts in the proposed Hills AVA, the soils formed primarily hillsides can also prevent the growth of AVA would be similar to those of the from volcanic material from eruptions mold and mildew on hillside vineyards regions to the west and north. near the Oregon-Washington-Idaho by drying excess moisture from the Excessively high rainfall amounts can border between 6 and 17 million years vines. promote the growth of mold and ago and contain very little loess and no The proposed AVA is surrounded to mildew, which can seriously damage Laurelwood series soils. West of the the north and west by the higher grape vines. proposed AVA, the soils are primarily elevations of the Coastal Range. The petition also discussed the Coastal sediment soils originating from Elevations typically exceed 1,000 feet in diurnal temperature variations that volcanic soils and marine uplifted soils these regions. To the east of the occur within the proposed AVA and the that formed 50 million years ago. To the proposed AVA is the broad, flat plain of surrounding regions. Diurnal south of the proposed AVA within the the Tualatin River Valley, where temperature variation is the difference established Chehalem Mountains AVA, elevations are generally below 200 feet. between the daytime high temperature the soils are also formed primarily from The petition notes that there is a small and the nighttime low temperature. The marine sediments, although the soils are region between the northeast corner and proposed Tualatin Hills AVA has an sometimes striated with older the southeast corner of the proposed average growing season diurnal decomposing basalt and volcanic AVA that has similar elevations to the variation of 23.75 degrees Fahrenheit materials. To the east of the proposed proposed AVA. However, this region (F). The regions to the north, east, and AVA, the soils are primarily formed was not included in the proposed AVA west of the proposed AVA have lower from Columbia River basalt and because it is within the urban diurnal temperature variations, sedimentary materials. development zone of metro Portland averaging 20.79, 20.13, and 19.13 degrees F, respectively. The region to Elevation and is currently used for commercial and residential buildings and public the south has a higher average diurnal The proposed Tualatin Hills AVA is parks; there is no commercial viticulture variation, with 25.63 degrees F. located in the upland hills of the in this area. To the south and southeast According to the petition, diurnal Tualatin River watershed and of the proposed AVA are the Chehalem temperature variations during the encompasses elevations between 200 Mountains, which includes elevations growing season have an effect on and 1,000 feet. According to the viticulture. Sugar levels increase and of over 1,000 feet and, according to the petition, 1,000 feet is generally acid levels decrease in grapes as petition, is considered to be a separate, considered the upper limit for growing daytime temperatures increase. If distinct landform from the uplands commercial wine grapes in this region ripening progresses too quickly due to within the proposed Tualatin Hills of Oregon, and there are very few high daytime temperatures, the desired AVA. commercial vineyards above that sugar and acid levels could be reached elevation. At higher elevations, there is Climate 2 before the flavor and aroma compounds a danger of late spring frosts, which can The proposed Tualatin Hills AVA is in the grapes have fully developed. If delay bud break and damage new located in the rain shadow of the nighttime temperatures remain high, the growth, as well as a danger of early fall process of sugar development and acid Oregon Coast Range (Coast Range). frosts, which can damage fruit that has loss will continue at night. However, a According to the petition, the higher not been harvested. The petition notes drop in nighttime temperatures will elevations of the Coast Range create a that the 1,000-foot elevation contour stop or slow the process of sugar buffer to the maritime influences of the also corresponds to the boundary of the development and acid loss, allowing the Pacific Ocean, which is approximately established Willamette Valley AVA, grapes more time to develop the flavor 45 miles west of the proposed AVA. As which shares a portion of its boundary and aroma compounds. The greater the a result, the proposed AVA receives less with the proposed AVA. drop in temperatures, the more the rainfall annually than the regions to the The boundaries of the proposed AVA sugar development and acid loss will north and west, which are more exposed were drawn to exclude elevations below slow. The petition states that the diurnal to the moisture-laden marine air. Forest 200 feet because, according to the temperature differences in the proposed Grove, Oregon, which is located roughly petition, the lower elevations have AVA are well suited for growing Pinot in the center of the proposed AVA, characteristics that are significantly Noir, which is the most commonly receives an average of 43.67 inches of different from those of the proposed grown grape varietal in the proposed rainfall annually, while St. Helens to the AVA. For instance, soils in the AVA and requires a long ripening north of the proposed AVA receives 50 surrounding regions with elevations period in order to fully develop its inches, and Tillamook State Forest to below 200 feet are alluvial, rather than flavor and aroma compounds. loess. As a result, the soils below 200 the west of the proposed AVA receives feet are generally higher in fertility and 87.99 inches. Portland, which is Summary of Distinguishing Features less well-drained than the soils within approximately 30 miles east of the In summary, the soils, elevation, and the proposed AVA. Highly fertile soils proposed AVA and farther within the climate of the proposed Tualatin Hills can cause overly vigorous vine growth, rain shadow of the Coast Range, receives AVA distinguish it from the and poorly drained soils can promote slightly less rainfall than the proposed surrounding regions. The proposed the growth of mold and mildew on the AVA, averaging 41.96 inches. AVA is characterized by Laurelwood vines. Furthermore, the petition states soils and similar associated types and a 2 Climate data gathered from 1981–2010 climate that elevations below 200 feet are normals, which were the most recent climate lack of exposed volcanic or marine relatively flat and thus experience less normals available at the time the petition was sedimentary soils. Although air movement than the surrounding submitted. Laurelwood soils are present outside of

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the proposed AVA, within the than the average amount for the proposed AVA is served by the Chehalem Mountain range, they are Willamette Valley AVA in general. Laurelwood Academy Water typically mixed with volcanic and Cooperative,4 and Laurelwood Road is Laurelwood District Petition sedimentary soils. The elevations of the located within the proposed AVA. A proposed AVA are between 200 and TTB received a petition from Luisa real estate listing included with the 1,000 feet, while the regions to the west, Ponzi, president of Ponzi Vineyards, petition advertises houses ‘‘in peaceful north, southeast, and south are higher Maria Ponzi, winemaker of Ponzi Laurelwood valley,’’ 5 and a separate and the region to the east is lower. Vineyards, and Kevin Johnson, real estate listing makes reference to Finally, the climate of the proposed winemaker of Dion Vineyards, on behalf ‘‘the peaceful community of AVA is distinguishable from that of the of themselves and other local grape Laurelwood.’’ 6 Finally, one of the surrounding regions. The proposed growers and vintners, proposing the U.S.G.S. quadrangle maps used to create AVA receives less annual rainfall than establishment of the ‘‘Laurelwood’’ the boundary of the proposed AVA is the regions to the north and west, and AVA. However, at the request of TTB, titled ‘‘Laurelwood.’’ more rainfall than the regions to the east the petitioners agreed to add the word The petition notes that the and south. The average growing season ‘‘District’’ to the proposed name, in community of Laurelwood also gives its diurnal temperature variations within order to avoid a potential impact on name to the primary soil series within the proposed AVA are higher than those current label holders who are using the proposed AVA, the Laurelwood soil of each of the surrounding regions ‘‘Laurelwood’’ as a brand name or series. The petition includes an excerpt except the region to the south. fanciful name on their wine labels. from a soil survey of Washington The proposed Laurelwood District County, Oregon, which notes that a Comparison of the Proposed Tualatin AVA is located west of the city of ‘‘[r]epresentative profile of Laurelwood Hills AVA to the Existing Willamette Portland and lies entirely within the silt loam’’ is ‘‘located at the top of Iowa Valley AVA established Willamette Valley AVA and Hill.’’ Iowa Hill is located within the T.D. ATF–162, which published in the established Chehalem Mountains northern portion of the proposed the Federal Register on December 1, AVA. If established, the proposed Laurelwood District AVA. The petition 1983 (48 FR 232, as amended by T.D. Laurelwood District AVA would also goes on to say that the pervasiveness of TTB–134, 81 FR 11112, March 3, 2016), share a small portion of its northwestern Laurelwood soils within the proposed established the Willamette Valley AVA boundary with a portion of the AVA is the primary reason the region is in northwestern Oregon (27 CFR 9.90). southeastern boundary of the proposed known to those in the wine industry as The Willamette Valley AVA is described Tualatin Hills AVA. The proposed ‘‘Laurelwood.’’ As evidence, the petition in T.D. ATF–162 as a large basin Laurelwood District AVA covers included a 2016 pamphlet from a trade surrounded by mountains to the east, approximately 33,600 acres and tasting featuring wines from the south, and west, and by the Columbia contains 25 wineries and approximately Chehalem Mountains AVA, which River to the north. Within the 70 commercially-producing vineyards contains a map that divides the AVA Willamette Valley AVA, elevations that cover a total of approximately 975 into several sub-regions—including a generally do not exceed 1,000 feet. acres. region called ‘‘Laurelwood’’ that Temperatures are mild, with annual The proposed Laurelwood District encompasses the proposed AVA. The summer temperatures averaging 68 AVA has a roughly oblong shape and is petition also included excerpts from degrees F and winter temperatures oriented along a northwest-to-southeast several articles describing the averaging 40 degrees F. Annual rainfall axis. The distinguishing feature of the importance of Laurelwood soil to amounts within the Willamette Valley proposed AVA is its soils. Unless vineyard owners within the proposed AVA average 40 inches. Soils within the otherwise noted, all information and AVA and the effects of the soil on the AVA are silty loams and clay loams. data pertaining to the proposed AVA resulting wines. Finally, the petition The proposed Tualatin Hills AVA is contained in this document are from the included wine labels and wine trade located in the northwestern portion of petition for the proposed Laurelwood notes from several wineries within the the Willamette Valley AVA and shares District AVA and its supporting proposed AVA, including Ponzi some broad characteristics with the 7 8 exhibits. Vineyards, Anne Amie Vineyards, established AVA. For example, Raptor Ridge Winery,9 Alloro elevations within the proposed AVA are Name Evidence generally below 1,000 feet. Average The unincorporated town of 4 See Laurelwood Academy Water Cooperative, annual high and low temperatures are Laurelwood is adjacent to the western (Site last accessed February 15, 2019), also within the ranges found in the www.lawatercoop.org. boundary of the proposed Laurelwood 5 See Redfin listing for 13200 SW Noblitt Place, Willamette Valley AVA. Finally, the District AVA. Although the town of Gaston, Oregon 97119, (Site last accessed February soils of the proposed AVA contain silt Laurelwood is not within the proposed 15, 2019), https://www.redfin.com/OR/Gaston/ and clay. AVA, the name Laurelwood has become 13200-SW-Noblitt-Pl-97119/home/26692046. 6 See Redfin listing for 13875 SW 405 Place, However, the proposed AVA also has associated with a larger region, characteristics that are distinct from the Gaston, Oregon 97119, (Site last accessed February including the region of the proposed 15, 2019), https://www.redfin.com/OR/Gaston/ Willamette Valley AVA. For example, AVA. For example, the ‘‘Ananda Center 13875-SW-405th-Pl-97119/home/108521174. the Laurelwood soils and associated soil at Laurelwood’’ retreat, which is located 7 See Ponzi Vineyards, Notes from Luisa, (Site last series are the predominant soils of the accessed February 15, 2019), https:// in the community of Laurelwood, www.ponzivineyards.com/assets/images/products/ proposed AVA and are not found in describes its location as ‘‘[w]ithin significant amounts elsewhere in the media/14-Abetina-PN-Notes.pdf. minutes of Laurelwood Valley,’’ 3 8 See Announcement for 2013 Anne Amie Willamette Valley AVA. Additionally, suggesting that the region known as Vineyards Twelve Oaks Estate Chehalem Mountains the proposed AVA is comprised mainly ‘‘Laurelwood’’ encompasses more than AVA, (Site last accessed February 15, 2019), of rolling hills and lacks the large valley Anneamiewine.s3.amazonaws.com/demo1/wp- just the town. Furthermore, the floors that are a major feature of the content/uploads/13-TOE-PN.pdf. 9 See Announcement for Raptor Ridge Winery— Willamette Valley AVA. Finally, annual 3 See Ananda Center—Laurelwood, (Site last 2014 Pinot Noir, Estate Vineyard, (Site last accessed rainfall amounts within the proposed accessed February 15, 2019), February 15, 2019), www.raptorridgewinery.com/ Tualatin Hills AVA are slightly higher www.anandalaurelwood.org/about/area. Continued

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Vineyard,10 and Erath Winery,11 which dispersed throughout, separated by result, both share similar annual rainfall all mention the presence of Laurelwood smaller regions without Laurelwood amounts of between 40 and 50 inches. soils in their vineyards. soils. By contrast, within the proposed The average growing season Laurelwood District AVA, Laurelwood temperatures within the proposed AVA Boundary Evidence soil covers the entirety of the proposed are also similar to those of the The proposed Laurelwood District AVA. Additionally, within the proposed established Willamette Valley AVA, as AVA is located in the Chehalem Tualatin Hills AVA, Laurelwood soil is demonstrated by the number of growing Mountains west of the cities Portland often mixed with related soil series, degree days (GDDs) in both regions. and Sherwood and south of the cities of particularly Kinton and Cornelius soils. According to a climate map included in Forest Grove, Cornelius, Hillsboro, and Within the proposed Laurelwood the petition, both regions average Scholls. According to the petition, the District AVA, Kinton and Cornelius between 1,500 and 2,000 GDDs. boundaries are drawn to separate the soils exist only in small, isolated However, the proposed Laurelwood proposed AVA from regions where the pockets along the eastern edge. District AVA also has characteristics Laurelwood soil is nonexistent or not as As previously mentioned, Laurelwood that are distinct from the Willamette pervasive as it is within the proposed soil is desirable for vineyards because Valley AVA. For example, the AVA. The northern and eastern its moderate fertility does not cause Laurelwood soils are the predominant boundaries of the proposed AVA are overly vigorous growth and the depth to soils of the proposed AVA and are not concurrent with the boundary of the bedrock is sufficient to allow the vine’s found in significant amounts elsewhere established Chehalem Mountains AVA roots to penetrate deeply into the soil. in the Willamette Valley AVA, with the and separate the proposed AVA from Because the proposed Laurelwood exception of the proposed Tualatin Hills both the Tualatin Valley and the District AVA has such a large AVA. The petition states that the proposed Tualatin Hills AVA. The concentration of Laurelwood soils, there primary soils for grape growing in the southern and western boundaries of the are more potential locations for majority of the Willamette Valley AVA proposed Laurelwood District AVA vineyards with this soil than there are are Willakenzie, which is derived from follow the crest of the Chehalem within the proposed Tualatin Hills marine sediments, and Jory, which is Mountains, and separate the AVA. comprised of residuum derived from northeasterly-oriented slopes of the To the east and northeast of the basalt. Additionally, the proposed proposed AVA from the southwesterly- proposed Laurelwood District AVA, the Laurelwood District AVA does not facing slopes of the western portion of soils are a variety of soils derived from contain broad valleys, which are found the Chehalem Mountains. the sediments of the Missoula Floods. throughout the established Willamette To the southwest of the proposed AVA, Distinguishing Feature Valley AVA. within the Chehalem Mountains AVA, According to the petition, the the soils are primarily Jory and Comparison of the Proposed distinguishing feature of the proposed Willakenzie soils. To the southeast of Laurelwood District AVA to the Existing AVA is the predominance of the the proposed AVA, on Parrett Mountain, Chehalem Mountains AVA Laurelwood soil series. Although the soils are primarily of the Jory and T.D. TTB–56, which published in the Laurelwood soil exists outside the Saum series. Federal Register on November 27, 2006 proposed Laurelwood District AVA, (71 FR 68458), established the specifically within the proposed Comparison of the Proposed Chehalem Mountains AVA (27 CFR Tualatin Hills AVA to the northwest, Laurelwood District AVA to the Existing 9.205) in northwestern Oregon, in the the petition states that there are Willamette Valley AVA northern region of the Willamette Valley differences between the Laurelwood soil T.D. ATF–162, which published in AVA. The Chehalem Mountains AVA is of the proposed Laurelwood District the Federal Register on December 1, described in T.D. TTB–56 as a single, AVA and the Laurelwood soil of the 1983, (48 FR 232, as amended by T.D. continuous landmass lifted from the proposed Tualatin Hills AVA. For TTB–134, 81 FR 11112, March 3, 2016), floor of the Willamette Valley. The instance, the Laurelwood soil of the established the Willamette Valley AVA Chehalem Mountains AVA are bordered proposed Laurelwood District AVA in northwestern Oregon (27 CFR 9.90). by the valley of the Tualatin River to the consist of loess combined with basalt The Willamette Valley AVA is described west and north, the wetlands of Rock that is older than the basalt found in the in T.D. ATF–162 as a large basin Creek and Seely Ditch to the east, the Laurelwood soil of the proposed surrounded by mountains to the east, floodplain of the Willamette River to the Tualatin Hills AVA. However, the south, and west, and by the Columbia southeast, and the Chehalem Valley to petition states that the primary River to the north. Within the the southwest. The topography of the distinction between the soils of the two Willamette Valley AVA, elevations AVA is characterized by mountainous proposed AVAs is the contiguity of generally do not exceed 1,000 feet. and hillside terrain, with elevations Laurelwood soil within the proposed Temperatures are mild, with annual between 200 and 1,600 feet. Most of the Laurelwood District AVA. Within the summer temperatures averaging 68 vineyards within the AVA are planted at proposed Tualatin Hills AVA, large degrees F and winter temperatures elevations between 200 and 1,000 feet. concentrations of Laurelwood soil are averaging 40 degrees F. Annual rainfall The proposed Laurelwood District amounts within the Willamette Valley AVA shares some of the same assets/client/File/2014%20PN%20Estate%20 AVA average 40 inches. Soils within the characteristics of the larger Chehalem Vineyard%20Media%20Sheet.pdf. AVA are silty loams and clay loams. Mountains AVA. For example, the 10 See Announcement for Alloro Vineyard—2014 The proposed Laurelwood District proposed AVA consists of hilly-to- Estate ‘Justina’ Pinot Noir, (Site last accessed February 15, 2019), https://www. AVA is located in the northwestern mountainous terrain, and vineyards allorovineyard.com/assets/client/File/AlloroJus portion of the Willamette Valley AVA within the proposed AVA are planted at PN14%20TechSheet.pdf. and shares several characteristics with elevations between 200 and 1,000 feet. 11 See Announcement for Erath Winery—2014 the larger established AVA. For However, the Chehalem Mountains Dion Vineyard Pinot Noir, (Site last accessed February 15, 2019), https://www.erath.com/files/ example, both the proposed AVA and AVA contains a wide diversity of soils. FileResource/22244/ERAFS2014DionVineyard the established AVA are within the rain The proposed Laurelwood District AVA, PinotN.pdf. shadow of the Cascade Mountains. As a by contrast, is dominated by

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Laurelwood soil, which is not found in established, in order to avoid a potential eligibility requirements for the the remainder of the Chehalem conflict with a current label holder. appellation. Mountains AVA. Accordingly, the proposed part 9 Public Participation regulatory text set forth in this TTB Determination document specifies only the full name Comments Invited TTB concludes that the petitions to ‘‘Tualatin Hills’’ as a term of viticultural TTB invites comments from interested establish the approximately 144,000- significance for purposes of part 4 of the members of the public on whether it acre Tualatin Hills AVA and the TTB regulations. should establish the proposed AVAs. approximately 33,600-acre Laurelwood The approval of the proposed TTB is also interested in receiving District AVA merit consideration and Tualatin Hills AVA would not affect any comments on the sufficiency and public comment, as invited in this existing AVA, and any bottlers using accuracy of the name, boundary, notice of proposed rulemaking. ‘‘Tualatin Hills’’ as an appellation of climate, soils, and other required Boundary Description origin or in a brand name for wines information submitted in support of the made from grapes grown within the petitions. With regards to the proposed See the narrative description of the Tualatin Hills AVA would not be boundary of the petitioned-for AVAs in Tualatin Hills AVA, TTB is interested in affected by the establishment of this comments on whether the evidence the proposed regulatory text published new AVA. The establishment of the at the end of this proposed rule. submitted in the petition regarding the proposed Tualatin Hills AVA would distinguishing features of the proposed Maps allow vintners to use ‘‘Tualatin Hills’’ AVA sufficiently differentiates it from The petitioners provided the required and ‘‘Willamette Valley’’ as appellations the existing Willamette Valley AVA, maps, and they are listed below in the of origin for wines made from grapes which the proposed AVA is located proposed regulatory text. grown within the proposed Tualatin within, and from the proposed Hills AVA, if the wines meet the neighboring Laurelwood District AVA. Impact on Current Wine Labels eligibility requirements for the TTB is also interested in comments on Part 4 of the TTB regulations prohibits appellation. whether the geographic features of the any label reference on a wine that If TTB establishes the proposed proposed Tualatin Hills AVA are so indicates or implies an origin other than Laurelwood District AVA, only its entire distinguishable from the surrounding the wine’s true place of origin. For a name, ‘‘Laurelwood District,’’ will be Willamette Valley AVA that the wine to be labeled with an AVA name, recognized as a name of viticultural proposed AVA should no longer be part at least 85 percent of the wine must be significance under § 4.39(i)(3) of the of the established AVA. Please provide derived from grapes grown within the TTB regulations (27 CFR 4.39(i)(3)). The any available specific information in area represented by that name, and the text of the proposed regulation clarifies support of your comments. wine must meet the other conditions this point. Consequently, wine bottlers With regards to the proposed listed in § 4.25(e)(3) of the TTB using the name ‘‘Laurelwood District’’ Laurelwood District AVA, TTB is regulations (27 CFR 4.25(e)(3)). If the in a brand name, including a trademark, interested in comments on whether the wine is not eligible for labeling with an or in another label reference as to the evidence submitted in the petition AVA name and that name appears in the origin of the wine, would have to ensure regarding the distinguishing features of brand name, then the label is not in that the product is eligible to use the the proposed AVA sufficiently compliance and the bottler must change AVA name as an appellation of origin if differentiates it from both the existing the brand name and obtain approval of this proposed rule is adopted as a final Willamette Valley and Chehalem a new label. Similarly, if the AVA name rule. TTB is not proposing Mountains AVAs, both of which contain appears in another reference on the ‘‘Laurelwood,’’ standing alone, as a term the proposed AVA, and from the label in a misleading manner, the bottler of viticultural significance if the proposed neighboring Tualatin Hills would have to obtain approval of a new proposed AVA is established, in order AVA. TTB is also interested in label. Different rules apply if a wine has to avoid a potential conflict with current comments on whether the geographic a brand name containing an AVA name label holders. Accordingly, the features of the proposed Laurelwood that was used as a brand name on a proposed part 9 regulatory text set forth District AVA are so distinguishable from label approved before July 7, 1986. See in this document specifies only the full the surrounding Willamette Valley and § 4.39(i)(2) of the TTB regulations (27 name ‘‘Laurelwood District’’ as a term of Chehalem Mountains AVAs that the CFR 4.39(i)(2)) for details. viticultural significance for purposes of proposed AVA should no longer be part If TTB establishes the proposed part 4 of the TTB regulations. of one or both of the existing AVAs. Tualatin Hills AVA, its name, ‘‘Tualatin The approval of the proposed Please provide any available specific Hills,’’ will be recognized as a name of Laurelwood District AVA would not information in support of your viticultural significance under affect any existing AVA, and any comments. § 4.39(i)(3) of the TTB regulations (27 bottlers using ‘‘Laurelwood District’’ as Because of the potential impact of the CFR 4.39(i)(3)). The text of the proposed an appellation of origin or in a brand establishment of the proposed Tualatin regulation clarifies this point. name for wines made from grapes grown Hills AVA on wine labels that include Consequently, wine bottlers using the within the Laurelwood District AVA the term ‘‘Tualatin Hills’’ and the name ‘‘Tualatin Hills’’ in a brand name, would not be affected by the proposed Laurelwood District AVA on including a trademark, or in another establishment of this new AVA. The wine labels that include the term label reference as to the origin of the establishment of the proposed ‘‘Laurelwood District,’’ as discussed wine, would have to ensure that the Laurelwood District AVA would allow above under Impact on Current Wine product is eligible to use the AVA name vintners to use ‘‘Laurelwood District,’’ Labels, TTB is particularly interested in as an appellation of origin if this ‘‘Chehalem Mountains,’’ and comments regarding whether there will proposed rule is adopted as a final rule. ‘‘Willamette Valley’’ as appellations of be a conflict between the proposed AVA TTB is not proposing ‘‘Tualatin,’’ origin for wines made from grapes names and currently used brand names. standing alone, as a term of viticultural grown within the proposed Laurelwood If a commenter believes that a conflict significance if the proposed AVA is District AVA, if the wines meet the will arise, the comment should describe

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the nature of that conflict, including any The Administrator reserves the right to area name would be the result of a anticipated negative economic impact determine whether to hold a public proprietor’s efforts and consumer that approval of the proposed AVA will hearing. acceptance of wines from that area. have on an existing viticultural Therefore, no regulatory flexibility Confidentiality enterprise. TTB is also interested in analysis is required. receiving suggestions for ways to avoid All submitted comments and Executive Order 12866 conflicts, for example, by adopting a attachments are part of the public record modified or different name for the AVA. and subject to disclosure. Do not It has been determined that this enclose any material in your comments proposed rule is not a significant Submitting Comments that you consider to be confidential or regulatory action as defined by You may submit comments on this inappropriate for public disclosure. Executive Order 12866 of September 30, notice by using one of the following Public Disclosure 1993. Therefore, no regulatory three methods: assessment is required. • Federal e-Rulemaking Portal: You TTB will post, and you may view, may send comments via the online copies of this notice, selected Drafting Information comment form posted with this notice supporting materials, and any online or Karen A. Thornton of the Regulations within Docket No. TTB–2019–0003 on mailed comments received about this and Rulings Division drafted this notice ‘‘Regulations.gov,’’ the Federal e- proposal within Docket No. TTB–2019– of proposed rulemaking. rulemaking portal, at http:// 0003 on the Federal e-rulemaking www.regulations.gov. A direct link to portal, Regulations.gov, at http:// List of Subjects in 27 CFR Part 9 that docket is available under Notice www.regulations.gov. A direct link to Wine. No. 181 on the TTB website at https:// that docket is available on the TTB Proposed Regulatory Amendment www.ttb.gov/wine/wine- website at https://www.ttb.gov/wine/ rulemaking.shtml. Supplemental files wine_rulemaking.shtml under Notice For the reasons discussed in the may be attached to comments submitted No. 181. You may also reach the preamble, TTB proposes to amend title via Regulations.gov. For complete relevant docket through the 27, chapter I, part 9, Code of Federal instructions on how to use Regulations.gov search page at http:// Regulations, as follows: Regulations.gov, visit the site and click www.regulations.gov. For information on the ‘‘Help’’ tab. on how to use Regulations.gov, click on PART 9—AMERICAN VITICULTURAL • U.S. Mail: You may send comments the site’s ‘‘Help’’ tab. AREAS via postal mail to the Director, All posted comments will display the ■ 1. The authority citation for part 9 Regulations and Rulings Division, commenter’s name, organization (if continues to read as follows: Alcohol and Tobacco Tax and Trade any), city, and State, and, in the case of Bureau, 1310 G Street NW, Box 12, mailed comments, all address Authority: 27 U.S.C. 205. Washington, DC 20005. information, including email addresses. • Hand Delivery/Courier: You may TTB may omit voluminous attachments Subpart C—Approved American hand-carry your comments or have them or material that the Bureau considers Viticultural Areas hand-carried to the Alcohol and unsuitable for posting. ■ 2. Subpart C is amended by adding Tobacco Tax and Trade Bureau, 1310 G You may also view copies of this §9.____to read as follows: Street NW, Suite 400, Washington, DC notice, all related petitions, maps and 20005. other supporting materials, and any §9.____ Tualatin Hills. Please submit your comments by the electronic or mailed comments that TTB (a) Name. The name of the viticultural closing date shown above in this notice. receives about this proposal by area described in this section is Your comments must reference Notice appointment at the TTB Information ‘‘Tualatin Hills’’. For purposes of part 4 No. 181 and include your name and Resource Center, 1310 G Street NW, of this chapter, ‘‘Tualatin Hills’’ is a mailing address. Your comments also Suite 400, Washington, DC 20005. You term of viticultural significance. must be made in English, be legible, and may also obtain copies at 20 cents per (b) Approved maps. The 6 United be written in language acceptable for 8.5- x 11-inch page. Please note that States Geological Survey (USGS) public disclosure. TTB does not TTB is unable to provide copies of 1:24,000 scale topographic maps and the acknowledge receipt of comments, and USGS maps or other similarly-sized single 1:250,000 scale topographic map TTB considers all comments as documents that may be included as part used to determine the boundary of the originals. of the AVA petition. Contact TTB’s Tualatin Hills viticultural area are titled: In your comment, please clearly state Regulations and Rulings Division at the (1) Vancouver, 1974 (1:250,000); if you are commenting for yourself or on above address, by email at https:// (2) Dixie Mountain, OR, 2014; behalf of an association, business, or www.ttb.gov/webforms/contact_ (3) Gaston, OR, 2014; other entity. If you are commenting on RRD.shtm, or by telephone at 202–453– (4) Laurelwood, OR, 2014; behalf of an entity, your comment must 1039, ext. 175, to schedule an (5) Forest Grove, OR, 2014; include the entity’s name, as well as appointment or to request copies of (6) Hillsboro, OR, 2014; and your name and position title. If you comments or other materials. (7) Linnton, OR, 2014. comment via Regulations.gov, please (c) Boundary. The Tualatin Hills enter the entity’s name in the Regulatory Flexibility Act viticultural area is located in Clackamas, ‘‘Organization’’ blank of the online TTB certifies that this proposed Multnomah and Washington Counties, comment form. If you comment via regulation, if adopted, would not have in Oregon. The boundary of the Tualatin postal mail or hand delivery/courier, a significant economic impact on a Hills viticultural area is as described please submit your entity’s comment on substantial number of small entities. below: letterhead. The proposed regulation imposes no (1) The beginning point is on the You may also write to the new reporting, recordkeeping, or other Dixie Mountain map at the intersection Administrator before the comment administrative requirement. Any benefit of North West Skyline Boulevard and closing date to ask for a public hearing. derived from the use of a viticultural North West Moreland Road. From the

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beginning point, proceed southwesterly for approximately 2.5 miles to its intersection with the 200-foot elevation along North West Moreland Road for intersection with Sunset Highway; then contour; then approximately 1.3 miles to road’s (15) Proceed southeast along Sunset (2) Proceed north then northeasterly intersection with the Multnomah– Highway for approximately 2.3 miles to along the 200-foot elevation contour for Washington County line; then its intersection with the railroad tracks; 1.5 miles to its intersection with SW La (2) Proceed south along the then Follette Road; then Multnomah–Washington County for (16) Proceed east along the railroad (3) Proceed south along SW La approximately 1.2 miles to the county tracks, crossing onto the Hillsboro map, Follette Road for 0.25 mile to its line’s intersection with the 1,000-foot to the intersection of the railroad tracks intersection with the 240-foot elevation elevation contour; then and an unnamed road known locally as contour, north of Blooming Fern Hill (3) Proceed northwesterly along the NW Dick Road; then Road; then 1,000-foot elevation contour, crossing (17) Proceed south along NW Dick (4) Proceed easterly then southerly onto the Vancouver map and continuing Road for approximately 0.3 mile to its along the 240-foot elevation contour, generally southwesterly along the intersection with NW Phillips Road; crossing onto the Scholls map and back meandering 1,000-foot elevation contour then onto the Laurelwood map, for a total of to its intersection with the Washington– (18) Proceed east along NW Phillips 17 miles to the intersection of the Yamhill County line; then Road for approximately 1.2 miles, elevation contour with SW Laurel Road; (4) Proceed east along the crossing onto the Linnton map, to the then Washington–Yamhill County line, road’s intersection with an unnamed (5) Proceed east along SW Laurel crossing onto the Gaston map, to the road known locally as NW Old Road for 0.15 mile to its intersection intersection of the county line with NW Cornelius Pass Road; then with the 200-foot elevation contour; South Road; then (19) Proceed northeast along NW Old then (5) Proceed northeast along NW South Cornelius Pass Road to its intersection (6) Proceed easterly along the 200-foot Road to its intersection with SW South with NW Skyline Boulevard Road; then elevation contour, crossing over the Road; then (20) Proceed north and west along Scholls map and onto the Newberg map, (6) Proceed northeasterly along SW NW Skyline Boulevard for then crossing Heaton Creek and back South Road to its intersection with the approximately 10.5 miles, crossing over onto the Scholls map for a total of 17.5 200-foot elevation contour; then the northeast corner of the Hillsboro miles to the intersection of the elevation (7) Proceed easterly along the 200-foot map and onto the Dixie Mountain map contour with Mountain Home Road east elevation contour for approximately 1.9 and then returning to the beginning of Heaton Creek; then miles to its intersection with East Main point. (7) Proceed easterly then southerly ■ 3. Subpart C is amended by adding Street/SW Gaston Road in the village of ____ along the 200-foot elevation contour, Gaston; then §9. to read as follows: crossing over the Beaverton and (8) Proceed south, then east along SW §9.____ Laurelwood District. Sherwood maps and back onto the Gaston Road for approximately 0.9 mile, (a) Name. The name of the viticultural Scholls map for a total of 8.9 miles to crossing onto the Laurelwood map, to area described in this section is the intersection of the elevation contour the road’s intersection with the 240-foot ‘‘Laurelwood District’’. For purposes of with the middle tributary of an contour line just south of an unnamed part 4 of this chapter, ‘‘Laurelwood unnamed stream along the western road known locally as SW Dixon Mill District’’ is a term of viticultural boundary of section 24, T2S/R2W; then Road; then significance. (8) Proceed southeast along the 200- (9) Proceed north along the (b) Approved maps. The six United foot elevation contour, crossing over the meandering 240-foot elevation contour States Geological Survey (USGS) northeast corner of the Newberg map for approximately 5 miles to its 1:24,000 scale topographic maps used to and onto the Sherwood map, to the intersection with SW Sandstrom Road; determine the boundary of the intersection of the elevation contour then Laurelwood District viticultural area are with Edy Road in section 25, T2S/R2W; (10) Proceed west along SW titled: then Sandstrom Road for approximately 0.15 (1) Laurelwood, OR, 2014; (9) Proceed southwest along the 200- mile to its third crossing of the 200-foot (2) Scholls, Oreg., 1961; photorevised foot elevation contour, crossing onto the elevation contour; then 1985; Newberg map and back onto the (11) Proceed northwesterly and then (3) Newberg, OR, 2014; Sherwood map, to the intersection of northeasterly along the meandering 200- (4) Beaverton, Oreg., 1961; the elevation contour with Elwert Road foot contour line for approximately 2.9 photorevised 1984; along the eastern boundary of section miles to its intersection with an (5) Sherwood, Oreg., 1961; 25, T2S/R2W; then unnamed road known locally as SW photorevised 1985; and (10) Proceed south along Elwert Road Fern Hill Road, north of an unnamed (6) Dundee, Oreg., 1956; revised 1993. for 0.85 mile to its intersection with an road known locally as SW Blooming (c) Boundary. The Laurelwood unnamed highway known locally as Fern Hill Road; then District viticultural area is located in Oregon Highway 99W, along the eastern (12) Proceed north along SW Fern Hill Washington and Yamhill Counties, in boundary of section 36, T2S/R2W; then Road for approximately 1.2 miles, Oregon. The boundary of the (11) Proceed southwesterly along crossing onto the Forest Grove map, to Laurelwood District viticultural area is Oregon Highway 99W for 0.45 mile to the road’s intersection with Oregon as described below: its intersection with the 250-foot Highway 47; then (1) The beginning point is on the elevation contour immediately south of (13) Proceed northerly along Oregon Laurelwood map at the intersection of an unnamed tributary of Cedar Creek in Highway 47 for approximately 7.6 miles Winters Road and Blooming Fern Hill section 36, T2S/R2W; then to its intersection with Oregon Highway Road in section 17, T1S/R3W. From the (12) Proceed southerly along the 250- 6/NW Wilson River Highway; then beginning point, proceed west then foot elevation contour for 1 mile to its (14) Proceed east along Oregon northwest along Blooming Fern Hill intersection with Middleton Road in Highway 6/NW Wilson River Highway Road for approximately 0.4 mile to its section 1, T2S/R2W; then

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(13) Proceed southwesterly along intersection with an unnamed road ACTION: Proposed rule. Middleton Road, which becomes Rein known locally as Bell Road; then Road, for 0.5 mile to the intersection of (27) Proceed east along Bell Road for SUMMARY: This rule proposes a new the road with the 200-foot elevation 0.5 mile, making a sharp northwesterly transaction standard for the Medicare contour immediately south of Cedar turn, then continuing along the road for Prescription Drug Benefit program’s Creek; then 0.2 mile to its intersection with (Part D) e-prescribing program as (14) Proceed easterly along the 200- Mountain Top Road; then required by the ‘‘Substance Use- foot elevation contour for 1.6 miles to its (28) Proceed northwesterly along Disorder Prevention that Promotes intersection with an unnamed light-duty Mountain Top Road for 1.9 miles to its Opioid Recovery and Treatment for east-west road known locally as intersection with SW Hillsboro Patients and Communities Act’’ or the Brookman Road in the village of Highway, also known as Highway 219; ‘‘SUPPORT for Patients and Middleton, section 6, T3S/R1W; then then Communities Act.’’ Under the (15) Proceed east on Brookman Road (29) Proceed north along SW SUPPORT for Patients and Communities for 0.4 mile to its intersection with the Hillsboro Highway for 0.1 mile to its Act, the Secretary is required to adopt shared Washington–Clackamas County intersection with Mountain Top Road at standards for Part D e-prescribing line at the western corner of section 5, the Washington–Yamhill County line; program to ensure secure electronic T3S/R1W; then then prior authorization request and response (16) Proceed south along the (30) Proceed northwest along transmissions. If finalized, the proposals Washington–Clackamas County line for Mountain Top Road for 3.1 miles, in this rule would amend the Part D e- 1 mile to its intersection with Parrett crossing onto the Dundee map, to the prescribing regulations to require Part D Mountain Road along the eastern intersection of the road with Bald Peak plan sponsors’ support of version boundary of section 7, T3S/R1W; then Road in section 26, T2S/R3W; then 2017071 of the National Council for (17) Proceed southwesterly along (31) Proceed northwest, then Prescription Drug Programs (NCPDP) Parrett Mountain Road, crossing onto northeast, then north along Bald Peak SCRIPT standard for use in electronic the Newberg map, for a total of 2.6 Road, crossing onto the Laurelwood Prior Authorization (ePA) transactions miles, to the intersection with an map, for a total of 4.8 miles, to the with prescribers regarding Part D unnamed local road known locally as intersection of the road with SW covered drugs to Part D-eligible NE Old Parrett Mountain Road; then Laurelwood Road; then individuals. (18) Proceed west along NE Old (32) Proceed southwest, then DATES: To be assured consideration, Parrett Mountain Road for 1.7 mile to its northwest, along SW Laurelwood Road comments must be received at one of intersection with NE Schaad Road; then for 0.8 mile to its intersection with the the addresses provided, no later than 5 (19) Proceed west along NE Schaad 700-foot elevation contour; then p.m. on August 16, 2019. Road for 0.5 mile to its intersection with (33) Proceed northeast, then an unnamed local road known locally as ADDRESSES: In commenting, please refer northwest, then north along the 700-foot to file code CMS–4189–P. Because of NE Corral Creek Road; then elevation contour for 5 miles, passing (20) Proceed north along NE Corral staff and resource limitations, we cannot west of Iowa Hill and Spring Hill, to the accept comments by facsimile (FAX) Creek Road for 0.9 mile to its intersection of the elevation contour and westernmost intersection with an transmission. SW Winters Road; then Comments, including mass comment unnamed local road known locally as (34) Proceed north on SW Winters NE Veritas Lane, south of Oregon submissions, must be submitted in one Road for 2 miles, returning to the of the following three ways (please Highway 99W; then beginning point. (21) Proceed north westerly in a choose only one of the ways listed): straight line for approximately 0.05 mile Dated: March 25, 2019. 1. Electronically. You may submit to the intersection of Oregon Highway John J. Manfreda, electronic comments on this regulation 99W and the 250-foot elevation contour; Administrator. to http://www.regulations.gov. Follow the ‘‘Submit a comment’’ instructions. then Approved: April 30, 2019. (22) Proceed northwesterly along the 2. By regular mail. You may mail Timothy E. Skud, written comments to the following 250-foot elevation contour for 1 mile to Deputy Assistant Secretary (Tax, Trade, and its intersection with the second, address ONLY: Centers for Medicare & Tariff Policy). Medicaid Services, Department of westernmost intermittent stream that is [FR Doc. 2019–12872 Filed 6–18–19; 8:45 am] an unnamed tributary of Spring Brook; Health and Human Services, Attention: BILLING CODE 4810–31–P then CMS–4189–P, P.O. Box 8013, Baltimore, (23) Proceed northerly along the MD 21244–8013. unnamed stream, crossing the single- Please allow sufficient time for mailed gauge railroad track, for 0.5 mile to the DEPARTMENT OF HEALTH AND comments to be received before the intersection of the stream with the 430- HUMAN SERVICES close of the comment period. 3. By express or overnight mail. You foot elevation contour; then Centers for Medicare & Medicaid (24) Proceed west along the 430-foot may send written comments to the Services elevation contour for 0.25 mile, crossing following address ONLY: Centers for an unnamed road known locally as Medicare & Medicaid Services, 42 CFR Part 423 Owls Lane, to the intersection of the Department of Health and Human elevation contour with NE Kincaid [CMS–4189–P] Services, Attention: CMS–4189–P, Mail Road; then Stop C4–26–05, 7500 Security RIN 0938–AT94 (25) Proceed northwesterly along NE Boulevard, Baltimore, MD 21244–1850. For information on viewing public Kincaid Road for 0.25 mile to its Medicare Program; Secure Electronic comments, see the beginning of the intersection with NE Springbrook Road; Prior Authorization for Medicare Part D then SUPPLEMENTARY INFORMATION section. (26) Proceed northwesterly along NE AGENCY: Centers for Medicare & FOR FURTHER INFORMATION CONTACT: Springbrook Road for 0.22 mile to its Medicaid Services (CMS), HHS. Joella Roland (410) 786–7638.

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