71372 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations

[FR Doc. 04–27017 Filed 12–8–04; 8:45 am] Definition Ocean. The proposed area is wholly BILLING CODE 6717–01–P Section 4.25(e)(1)(i) of the TTB within Yamhill and Washington regulations (27 CFR 4.25(e)(1)(i)) defines Counties in northwestern and is a viticultural area for American wine as entirely within the existing viticultural area (27 CFR 9.90). DEPARTMENT OF THE TREASURY a delimited grape-growing region distinguishable by geographical As of the 2002 Yamhill-Carlton District features, the boundaries of which have petition, there were 26 vineyards within Alcohol and Tobacco Tax and Trade the area, with about 650 acres planted Bureau been recognized and defined in part 9 of the regulations. These designations to grapes. The proposed Yamhill-Carlton 27 CFR Part 9 allow vintners and consumers to attribute a given quality, reputation, or District viticultural area is distinguished primarily by elevation, soil, and climate. [TTB T.D.–20; Re: Notice No. 19] other characteristic of a wine made from grapes grown in an area to its Within the viticultural area’s described boundary the defined viticultural area is RIN 1513–AA59 geographic origin. The establishment of viticultural areas allows vintners to limited to elevations between 200 feet Establishment of the Yamhill-Carlton describe more accurately the origin of and 1,000 feet, yielding size of 8,500 District Viticultural Area (2002R–216P) their wines to consumers and helps acres. A precedent exists for elevation as consumers to identify wines they may a distinguishing factor with the AGENCY: Alcohol and Tobacco Tax and purchase. Establishment of a viticultural establishment of the Mendocino Ridge Trade Bureau, Treasury. area is neither an approval nor an viticultural area in Mendocino County, ACTION: Final rule; Treasury decision. endorsement by TTB of the wine California, which includes land only at produced in that area. or above the 1,200-foot elevation (see 27 SUMMARY: This Treasury decision CFR 9.158 and T.D. ATF–392 at 62 FR establishes the Yamhill-Carlton District Requirements 55512, October 27, 1997). viticultural area in Yamhill and Section 4.25(e)(2) of the TTB Name Evidence Washington Counties, Oregon. The new regulations outlines the procedure for Yamhill-Carlton District viticultural proposing an American viticultural area This viticultural area is locally known area is entirely within the existing and provides that any interested party as the ‘‘Yamhill-Carlton District,’’ Willamette Valley viticultural area. We may petition TTB to establish a grape- according to the petition. The designate viticultural areas to allow growing region as a viticultural area. viticultural area surrounds the towns of vintners to better describe the origin of Section 9.3(b) of the TTB regulations Yamhill and Carlton, Oregon, which lie their wines and to allow consumers to requires the petition to include— 3 miles apart along State Route 47 in better identify wines they may • Evidence that the proposed Yamhill County. While the two towns purchase. viticultural area is locally and/or operate independently, they have had DATES: Effective Date: February 7, 2005. nationally known by the name specified strong ties since their separate in the petition; incorporations over 100 years ago. The FOR FURTHER INFORMATION CONTACT: N. • Historical or current evidence that hyphenated expression of the cities’ A. Sutton, Program Manager, supports setting the boundary of the names has been used since 1853 with Regulations and Procedures Division, proposed viticultural area as the the establishment of the Yamhill- Alcohol and Tobacco Tax and Trade petition specifies; Carlton Pioneer Cemetery. Bureau, 925 Lakeville St., #158, • Evidence relating to the In modern times, the Yamhill-Carlton Petaluma, CA 94952; telephone 415– geographical features, such as climate, 271–1254. Union High School has existed since soils, elevation, and physical features, 1955 and operates under the SUPPLEMENTARY INFORMATION: that distinguish the proposed supervision of the Yamhill-Carlton viticultural area from surrounding areas; School District. The two cities share a Background on Viticultural Areas • A description of the specific newspaper, the Carlton-Yamhill Review. TTB Authority boundary of the proposed viticultural The USGS Carlton map identifies the Section 105(e) of the Federal Alcohol area, based on features found on United towns of Yamhill and Carlton and the Administration Act (the FAA Act, 27 States Geological Survey (USGS) maps; Yamhill-Carlton Pioneer Cemetery. U.S.C. 201 et seq.) requires that alcohol and • Boundary Evidence beverage labels provide the consumer A copy of the appropriate USGS with adequate information regarding a map(s) with the proposed viticultural Geographically, the Yamhill-Carlton product’s identity and prohibits the use area’s boundary prominently marked. District viticultural area is a south- of misleading information on such Yamhill-Carlton District Petition facing bowl containing a series of labels. The FAA Act also authorizes the horseshoe-shaped eroded hills Secretary of the Treasury to issue General Background composed of sedimentary parent regulations to carry out its provisions. TTB received a petition from Alex material. To the area’s west is the The Alcohol and Tobacco Tax and Sokol-Blosser, Secretary of the North higher-elevation Coast Range, to the Trade Bureau (TTB) administers these Willamette Valley AVA Group, on south is a cooler maritime-influenced regulations. behalf of Yamhill-Carlton District area, and to the east and north are Part 4 of the TTB regulations (27 CFR winegrowers, proposing a new natural lowland drainages. The area’s part 4) allows the establishment of viticultural area to be called the western boundary is based on the definitive viticultural areas and the use ‘‘Yamhill-Carlton District.’’ Ken Wright change to sedimentary soils from the of their names as appellations of origin was the author of the petition. The volcanic soils of the Coast Range. The on wine labels and in wine proposed Yamhill-Carlton District higher elevations of the coastal hills to advertisements. Part 9 of the TTB viticultural area is located about 35 the west, generally ranging from 1,000– regulations (27 CFR part 9) contains the miles southwest of Portland, Oregon, 2,000 feet, are much cooler and have list of approved viticultural areas. and 25 miles inland from the Pacific proven unsuitable for grape growing.

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At the viticultural area’s southwestern sedimentary soils often contain distinct viticultural area. The fertility and water- boundary, the area’s almost purely aromatic flavors (coffee, cocoa, anis, holding capacity of these low-elevation sedimentary parent material changes to cedar, tobacco) not found in the same soils extends the vegetative period of a mix of basalt, slate, and sedimentary wine varietals grown in different soils, the vine and delays the ripening of material. The southern boundary according to the petition. Also, the vines planted in the Willamette valley. petition adds that the wines made from transitions to a valley floor that contains Elevation deep soils composed of Willamette silts. grapes grown in these ancient The frost-prone nature of this lower sedimentary soils are consistently lower Within the Yamhill-Carlton District elevation region, combined with its high in acid than wines made from grapes viticultural area’s boundary, which is soil permeability and fertility, makes it grown in basaltic or wind-blown soils. described in the regulatory text below, unsuitable for production of quality According to ‘‘The Roadside Geology only land from 200 feet to 1,000 feet in vinifera grape varieties. of Oregon’’ (David Alt and Donald W. elevation is included within the Abbey and Kuehne Roads serve as the Hyndman), the soils of the Yamhill- viticultural area. At elevations below Yamhill-Carlton District viticultural Carlton District, formed in the Eocene 200 feet, the low valley floors are prone area’s eastern border and mark the era, are derived from marine sediments to frost. Conversely, at elevations greater change from its sedimentary soils to the and ocean floor volcanic basalt that than 1,000 feet, the higher terrain is volcanic soils of the Dundee Hills. have a high water-holding capacity with significantly cooler and lacks the Millican Creek, a natural drainage moderate to high erosion levels. Alan necessary heat to properly ripen wine between the viticultural area and the Campbell of NW Vineyards prepared a grapes. Dundee Hills, runs along this boundary vineyard soils map of Yamhill County, Climate line, flowing from north to south and Oregon, which shows that the western The climate of the Yamhill-Carlton eventually joining the hills of the Yamhill-Carlton District District viticultural area is distinct from near the town of Lafayette. Chehalem comprise two soils groups, Willakenzie the surrounding areas. It is bordered on Creek’s drainage system separates the on the lower elevation slopes and the west by the mountains of the Coast Yamhill-Carlton District from Ribbon Peavine on the upper slopes. Peavine Range, which have a colder climate as Ridge and the Chehalem Mountains to soils dominate the northern section of measured in degree-days (a heat the northeast. The Yamhill-Carlton the viticultural area, while its eastern summation obtained by totaling each District’s sedimentary soils are generally slopes comprise Wellsdale and day’s temperature above 50 degrees coarser in texture and subject to more Willakenzie soil series. Fahrenheit during the growing season), faulting, uplifts, and erosion than the The sedimentary soils of the Yamhill- and which are unsuitable for production Ribbon Ridge sedimentary soils. Carlton District viticultural area are of vinifera wine grape varietals. Also, The Wapato Lake Bed, a large, low millions of years older than the soils in temperatures in the Yamhill-Carlton drainage area on the northeastern the surrounding areas. In contrast, District annually average 18.3 days boundary of the Yamhill-Carlton younger volcanic-based soils formed in above 90° F, while the Coast Range has District, separates it from the Chehalem the Miocene Era dominate in the Eola only 2 such days, making it a Mountains. The soils of these two Hills (south of the Yamhill-Carlton significantly cooler growing area. viticultural regions are vastly different. District), Chehalem Mountains (north The Coast Range is also wetter than The Yamhill-Carlton District has highly and east of the Yamhill-Carlton District), the Yamhill-Carlton viticultural area. eroded sedimentary parent material, and Dundee Hills (southeast of the According to data obtained from the while the Chehalem Mountains, which Yamhill-Carlton District). The Eola Hills have predominately Oregon Climate Service, average rainfall lie across the Wapato Lake Bed, have basalt soil series (Neika, Gelderman, for the Yamhill-Carlton District is 42 soils formed from wind-blown mixed Ritner), which are characterized by their inches, while the Coast Range receives material and overlying basalt. The low water capacity, slow permeability, between 80 and 110 inches per year. northern border of the Yamhill-Carlton and moderate erosion level. The The regions immediately south of the District viticultural area coincides with Chehalem Mountains have a Yamhill-Carlton area are influenced by the low elevation Patton Valley with its combination of Columbia River basalt, the cooling effect of weather systems predominately wind-blown soil. ocean sedimentation, and wind-blown flowing inland from the Pacific Ocean In modern times, two vineyards can loess derivation soil types. The Dundee through the Van Duzer Corridor, a lay claim to being first planted in the Hills contain soils mainly derived from mountain gap in the Coast Range, at Yamhill-Carlton viticultural area. In Columbia River basalt lavas (largely Dallas, Oregon. This corridor funnels 1974, Roy and Betty Wahle planted 8 based on the Jory series), which are cooling marine summer breezes east acres of vinifera grapes, and, that same moderately fertile and well drained, toward Salem, which substantially year, Pat and Joe Campbell of Elk Cove with slight to moderate erosion levels. lowers the average temperature during Vineyards also planted an 8-acre The Ribbon Ridge region, immediately the growing season. This marine cooling vineyard. In 1977, Elk Grove Estate east of the Yamhill-Carlton District effect quickly dissipates as it moves produced the first commercial wine in viticultural area, also contains primarily north towards the Yamhill-Carlton the Yamhill-Carlton area, and, as of sedimentary soils. However, these were District. 2002, there were 10 commercial formed in the Oligocene Era and are The Yamhill-Carlton District has a 42- wineries in the area. younger, finer, and more uniform than inch average annual rainfall, as Distinguishing Features the sedimentary soils of the Yamhill- compared to 49.1 inches for Dallas, Carlton District. Oregon, to the south at the Van Duzer Soils The floor of the Willamette Valley, at Corridor. Also, Dallas, Oregon, has 51 The most significant feature elevations of 200 feet or below, contains fewer degree-days than McMinnville, separating the Yamhill-Carlton District fine-grained soils deposited as a result Oregon (which is at the southern border viticultural area from nearby grape- of the Missoula floods, which occurred of the Yamhill-Carlton District), and 186 growing regions is the area’s 12,000 years ago. These Willamette silt fewer degree-days than Forest Grove, predominant ancient sedimentary soils. soils have greater depth, fertility, and Oregon (which lies 6 miles north of the Wines made from grapes grown in these water-holding capacity than soils of the viticultural area).

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The Patton Valley, a large, low area represented by that name, and the wine § 9.183 Yamhill-Carlton District. just north of the Yamhill-Carlton must meet the other conditions listed in (a) Name. The name of the viticultural District, has an annual rainfall average 27 CFR 4.25(e)(3). If the wine is not area described in this section is difference of about 2 inches when eligible to use the viticultural area name ‘‘Yamhill-Carlton District’’. compared with the Yamhill-Carlton as an appellation of origin and that (b) Approved maps. The appropriate District viticultural area. However, the name appears in the brand name, then maps for determining the boundary of 30-year average temperature data show the label is not in compliance and the the Yamhill-Carlton District viticultural the area north of Patton Valley to have bottler must change the brand name and area are eight 1:24,000 Scale U.S.G.S. 135 more degree-days than the Yamhill- obtain approval of a new label. topography maps. They are titled: Carlton District. Similarly, if the viticultural area name (1) Gaston Quadrangle, Oregon, 1956, appears in another reference on the Boundary Description revised 1992; label in a misleading manner, the bottler (2) Laurelwood Quadrangle, Oregon, See the narrative boundary would have to obtain approval of a new 1956, revised 1992; description of the viticultural area in the label. (3) Dundee Quadrangle, Oregon, 1956, regulatory text published at the end of Different rules apply if a wine has a revised 1993; this notice. brand name containing a viticultural (4) Carlton Quadrangle, Oregon— Maps area name that was used as a brand Yamhill Co., 1957, revised 1992; (5) Fairdale Quadrangle, Oregon- The petitioner(s) provided the name on a label approved before July 7, Yamhill Co., 1979; required maps, and we list them below 1986. See 27 CFR 4.39(i)(2) for details. (6) McMinnville Quadrangle, in the regulatory text. Regulatory Analyses and Notices Oregon—Yamhill Co., 1957, revised Notice of Proposed Rulemaking Regulatory Flexibility Act 1992; TTB published a notice of proposed (7) Muddy Valley Quadrangle, We certify that this regulation will not Oregon—Yamhill Co., 1979, revised rulemaking regarding the establishment have a significant economic impact on of the Yamhill-Carlton District 1992; and a substantial number of small entities. (8) Turner Creek Quadrangle, Oregon, viticultural area in the October 7, 2003, This regulation imposes no new Federal Register as Notice No. 19 (68 FR 1979. reporting, recordkeeping, or other (c) Boundary. The Yamhill-Carlton 57845). In that notice, TTB requested administrative requirement. Any benefit comments by December 8, 2003, from District viticultural area is located in derived from the use of a viticultural Yamhill and Washington Counties, all interested persons. We received one area name is the result of a proprietor’s comment supporting the establishment Oregon, and is entirely within the efforts and consumer acceptance of Willamette Valley viticultural area. The of the Yamhill-Carlton District wines from that area. Therefore, no viticultural area. Yamhill-Carlton District viticultural regulatory flexibility analysis is area is limited to lands at or above 200 After careful review, TTB finds that required. the evidence submitted with the feet in elevation and at or below 1,000 petition supports the establishment of Executive Order 12866 feet in elevation within its boundary, the proposed viticultural area. which is described as follows— This rule is not a significant Therefore, under the authority of the (1) The point of beginning is on the regulatory action as defined by Federal Alcohol Administration Act and Gaston map in the village of Gaston at Executive Order 12866 (58 FR 51735). part 4 of our regulations, we establish the intersection of Gaston Road East (E. Therefore, it requires no regulatory the ‘‘Yamhill-Carlton District’’ Main Street within Gaston) and the 200- assessment. viticultural area in Oregon, effective 60 foot elevation line, approximately 225 days from this document’s publication Drafting Information feet west of State Route 47, section 49, date. T1S, R4W. From this beginning point, N.A. Sutton of the Regulations and proceed southerly and then Impact on Current Wine Labels Procedures Division drafted this southeasterly about 8.15 miles along the Part 4 of the TTB regulations prohibits document. meandering 200-foot elevation line any label reference on a wine that List of Subjects in 27 CFR Part 9 (crossing to and from the Laurelwood indicates or implies an origin other than map in sections 12 and 13, T2S, R4W, the wine’s true place of origin. With the Wine. and then returning to the Laurelwood map) to the 200-foot elevation line’s establishment of this viticultural area The Regulatory Amendment and its inclusion in part 9 of the TTB intersection with Spring Hill Road, regulations, its name, ‘‘Yamhill-Carlton For the reasons discussed in the section 58, T2S, R3W (Laurelwood District,’’ is recognized as a name of preamble, we amend 27 CFR, chapter 1, Quadrangle); then viticultural significance. Consequently, part 9 as follows: (2) Proceed south 1.1 miles on Spring wine bottlers using ‘‘Yamhill-Carlton Hill Road, which becomes North Valley District’’ in a brand name, including a PART 9—AMERICAN VITICULTURAL Road at Laughlin Road, crossing onto trademark, or in another label reference AREAS the Dundee map, to the road’s as to the origin of the wine, must ensure intersection with the 200-foot elevation that the product is eligible to use the I 1. The authority citation for part 9 line, section 30, T2S, R3W (Dundee viticultural area’s name as an continues to read as follows: Quadrangle); then appellation of origin. Authority: 27 U.S.C. 205. (3) Proceed northerly then southerly For a wine to be eligible to use as an for approximately 5 miles along the 200- appellation of origin the name of a Subpart C—Approved American foot elevation line, crossing over to and viticultural area specified in part 9 of Viticultural Areas back from the Laurelwood map, to the the TTB regulations, at least 85 percent 200-foot elevation line’s intersection of the grapes used to make the wine I 2. Amend subpart C by adding § 9.183 with State Route 240, section 47, T3S, must have been grown within the area to read as follows: R3W (Dundee Quadrangle); then

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(4) Proceed straight west for 0.2 mile elevation line, crossing onto the Muddy Commission (PCC) and its Office of on State Route 240 to its intersection Valley map, to the elevation line’s Transition Administration (OTA) with Kuehne Road at the 207-foot intersection with Baker Creek Road terminated on October 1, 2004. A letter benchmark, section 47, T3S, R3W (very near Baker Creek Road’s from the General Attorney for the PCC (Dundee Quadrangle); then intersection with High Heaven Road) in OTA to the Office of the Federal (5) Proceed southerly for about 1.9 section 54, T4S, R5W (Muddy Valley Register has confirmed that PCC miles on Kuehne Road to its intersection Quadrangle); then regulations should be removed from the with Abbey Road, section 50, T3S, R3W (13) Proceed west-southwest for 0.8 Code of Federal Regulations (CFR). (Dundee Quadrangle); then mile on Baker Creek Road to its Therefore, the Director of the Federal (6) Proceed southerly 1.4 miles on intersection with the 123°17′30″ Register, pursuant to his authority to Abbey Road to its intersection with the longitude line in Happy Valley, section maintain an orderly system of 200-foot elevation line, north of the 174- 54, T4S, R5W (Muddy Valley codification under 44 U.S.C. 1510 and 1 foot elevation point, section 52, T3S, Quadrangle); then CFR 8.2 hereby removes from the CFR, R3W (Dundee Quadrangle); then (14) Proceed straight north 13.4 miles Title 35, Chapter I consisting of Parts 1 (7) Proceed southwesterly for about on the 123°17′30″ longitude line, to 299. 2.1 miles along the meandering 200-foot passing through the Fairdale map and Accordingly, Title 35 of the Code of elevation line to Lafayette Cemetery on crossing onto the Turner Creek map, to Federal Regulations is hereby vacated. the Carlton map in section 1, T4S, R4W, the longitude line’s intersection with [FR Doc. 04–55526 Filed 12–8–04; 8:45 am] and turning northerly along the 200-foot the 1,000-foot elevation line in the BILLING CODE 1505–01–D elevation line, continue along the northwestern quadrant of section 10, elevation line for about 6 miles, crossing T2S, R5W, approximately one mile to and from the Dundee map, to the 200- diagonally northwest of the footbridge foot elevation line’s intersection with ENVIRONMENTAL PROTECTION in Menefee Park (Turner Creek AGENCY Stag Hollow Road, north of Hendricks Quadrangle); then Road and 190-foot elevation point, (15) Proceed easterly and then 40 CFR Part 52 section 24, T3S, R4W (Carlton northerly for 4.1 miles along the Quadrangle); then meandering 1,000-foot elevation line to [R05–OAR–2004–MN–0002; FRL–7846–7] (8) Continue westerly along the its intersection with the Washington- Approval and Promulgation of meandering 200-foot elevation line, Yamhill County line at northern Implementation Plans: Minnesota: turning northeasterly as the elevation boundary of section 3, T2S, R5W (also Minneapolis-St. Paul Carbon Monoxide line passes through the Carlton Lakes the common T1S/T2S boundary line) Maintenance Plan Update State Wildlife Refuge, then westerly as (Turner Creek Quadrangle); then the elevation line crosses Stag Hollow (16) Proceed straight east 3.9 miles AGENCY: Environmental Protection Creek in section 47, T3S, R4W, then along the Washington-Yamhill County Agency (EPA). southerly as the elevation line crosses line, crossing onto the Gaston map, to ACTION: Direct final rule. the North Yamhill River on the Fairdale the county line’s intersection with map in section 43, T2S, R5W, then, South Road, just east of Mt. Richmond SUMMARY: EPA is approving a revision to returning to the Carlton map, continue Road, section 60, T2S, R4W (Gaston the Minnesota State Implementation southerly on the 200-foot elevation line Quadrangle); then Plan (SIP) for the maintenance of the to its intersection with Meadow Lake (17) Proceed east-northeast for 1.8 Carbon Monoxide (CO) ambient air Road near the southwest corner of miles on South Road to its intersection quality standards (NAAQS) submitted section 55, T3S, R4W (Carlton with the 200-foot elevation line, 0.3 on November 10, 2004. Specifically, Quadrangle); mile west of the Gaging Station, section EPA is approving Minnesota’s revised (9) Continue westerly along the 34, T1S, R4W (Gaston Quadrangle); then 1996 and 2009 CO emissions meandering 200-foot elevation line, (18) Proceed easterly 1.9 miles along inventories and 2009 Motor Vehicle crossing onto the Fairdale map, to the the 200-foot elevation line and return to Emissions Budgets (MVEB) recalculated elevation line’s intersection with the the beginning point within the village of ° ′ ″ using MOBILE6 for the Minneapolis-St. 123 17 30 longitude line (north of Gaston. Paul CO maintenance area. Panther Creek) in the western extension Signed: November 1, 2004. DATES: of section 22, T3S, R5W (Fairdale This rule is effective on January Arthur J. Libertucci, Quadrangle); then 24, 2005, unless EPA receives relevant (10) Proceed 0.2 mile straight south Administrator. adverse written comments by January 10, 2005. If adverse comment is along the 123°17′30″ longitude line, Approved: November 18, 2004. received, EPA will publish a timely crossing Panther Creek, to the line’s Timothy E. Skud, intersection with the 200-foot elevation withdrawal of the rule in the Federal Deputy Assistant Secretary (Tax, Trade, and Register and inform the public that the line south of the creek in the western Tariff Policy). rule will not take effect. extension of section 22, T3S, R5W [FR Doc. 04–27016 Filed 12–8–04; 8:45 am] ADDRESSES: Submit your comments, (Fairdale Quadrangle); then BILLING CODE 4810–31–P (11) Proceed easterly and then identified by Docket ID No. R05–OAR– southeasterly along the meandering 200- 2004–MN–0002 by one of the following methods: foot elevation line, crossing onto the PANAMA CANAL COMMISSION Carlton map, then the McMinnville Federal eRulemaking Portal: http:// map, to the elevation line’s third 35 CFR Chapter I www.regulations.gov. Follow the on-line intersection with an unnamed light-duty instructions for submitting comments. road, southwest of the Henderson Panama Canal Regulations E-mail: [email protected]. Benchmark in section 87, T4S, R4W Fax: (312) 886–5824. (McMinnville Quadrangle); Vacation of Title Mail: You may send written (12) Continue southerly and then Editorial Note: Under section 121 of comments to: J. Elmer Bortzer, Chief, westerly along the meandering 200-foot Public Law 108–309, the Panama Canal Air Programs Branch (AR–18J),

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