Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations 34095

DEPARTMENT OF THE TREASURY pursuant to section 1111(d) of the soils, physical features, and elevation, Homeland Security Act of 2002, that make the proposed AVA distinctive Alcohol and Tobacco Tax and Trade codified at 6 U.S.C. 531(d). The and distinguish it from adjacent areas Bureau Secretary has delegated various outside the proposed AVA boundary; authorities through Treasury Order 120– • The appropriate United States 27 CFR Part 9 01, dated December 10, 2013 Geological Survey (USGS) map(s) (superseding Treasury Order 120–01, showing the location of the proposed [Docket No. TTB–2019–0003; T.D. TTB–160; AVA, with the boundary of the Ref: Notice No. 181] dated January 24, 2003), to the TTB Administrator to perform the functions proposed AVA clearly drawn thereon; RIN 1513–AC52 and duties in the administration and • An explanation showing the enforcement of these laws. proposed AVA is sufficiently distinct Establishment of the Tualatin Hills and Part 4 of the TTB regulations (27 CFR from an existing AVA so as to warrant Laurelwood District Viticultural Areas part 4) authorizes TTB to establish separate recognition, if the proposed definitive viticultural areas and regulate AVA is to be established within, or AGENCY: Alcohol and Tobacco Tax and overlapping, an existing AVA; and Trade Bureau, Treasury. the use of their names as appellations of origin on wine labels and in wine • A detailed narrative description of ACTION: Final rule; Treasury decision. advertisements. Part 9 of the TTB the proposed AVA boundary based on USGS map markings. SUMMARY: The Alcohol and Tobacco Tax regulations (27 CFR part 9) sets forth and Trade Bureau (TTB) establishes the standards for the preparation and Tualatin Hills Petition approximately 144,000-acre ‘‘Tualatin submission to TTB of petitions for the establishment or modification of TTB received a petition from Rudolf Hills’’ viticultural area in portions of Marchesi, president of Montinore Estate, Multnomah and Washington Counties, American viticultural areas (AVAs) and lists the approved AVAs. Alfredo Apolloni, owner and , and the approximately 33,600- winemaker of Apolloni Vineyards, and acre ‘‘Laurelwood District’’ viticultural Definition Mike Kuenz, general manager of David area in portions of Washington and Section 4.25(e)(1)(i) of the TTB Hill Vineyard and Winery, on behalf of Yamhill Counties, Oregon. TTB is regulations (27 CFR 4.25(e)(1)(i)) defines themselves and other local grape establishing both viticultural areas in a viticultural area for American wine as growers and vintners, proposing the the same document because a small a delimited grape-growing region having establishment of the ‘‘Tualatin Hills’’ portion of their boundaries is distinguishing features, as described in AVA in portions of Multnomah and contiguous. The two viticultural areas part 9 of the regulations, and a name Washington Counties. lie entirely within the established and a delineated boundary, as The proposed Tualatin Hills AVA is Willamette Valley viticultural area. The established in part 9 of the regulations. located in Oregon, lies entirely within Laurelwood District viticultural area is These designations allow vintners and the established Willamette Valley AVA also entirely within the established consumers to attribute a given quality, (27 CFR 9.90), and covers approximately viticultural area. reputation, or other characteristic of a 144,000 acres. There are 33 TTB designates viticultural areas to wine made from grapes grown in an area commercially-producing vineyards allow vintners to better describe the to the wine’s geographic origin. The covering a total of approximately 860.5 origin of their wines and to allow establishment of AVAs allows vintners acres, as well as 21 wineries, within the consumers to better identify wines they to describe more accurately the origin of proposed AVA. According to the may purchase. their wines to consumers and helps petition, the distinguishing features of DATES: This final rule is effective July 6, consumers to identify wines they may the proposed Tualatin Hills AVA are its 2020. purchase. Establishment of an AVA is soils, elevation, and climate. FOR FURTHER INFORMATION CONTACT: neither an approval nor an endorsement The soils of the proposed AVA are Karen A. Thornton, Regulations and by TTB of the wine produced in that described as primarily Laurelwood soils Rulings Division, Alcohol and Tobacco area. and similar associated types, such as Tax and Trade Bureau, 1310 G Street Kinton and Cornelius soils, with almost Requirements NW, Box 12, Washington, DC 20005; no exposed volcanic or marine phone 202–453–1039, ext. 175. Section 4.25(e)(2) of the TTB sedimentary soil types. The Laurelwood soils are derived from weathered basalt SUPPLEMENTARY INFORMATION: regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA and loess and are fine, silty soils with Background on Viticultural Areas and provides that any interested party no rocks. The soils generally have low levels of organic material and a high TTB Authority may petition TTB to establish a grape- growing region as an AVA. Section 9.12 clay content, making them moderately Section 105(e) of the Federal Alcohol of the TTB regulations (27 CFR 9.12) fertile without promoting overly Administration Act (FAA Act), 27 prescribes standards for petitions for the vigorous vine growth. The soils reach U.S.C. 205(e), authorizes the Secretary establishment or modification of AVAs. depths of up to 100 feet which, when of the Treasury to prescribe regulations Petitions to establish an AVA must combined with the high clay content, for the labeling of wine, distilled spirits, include the following: reduces the need for irrigation in most and malt beverages. The FAA Act • Evidence that the area within the vineyards within the proposed AVA. provides that these regulations should, proposed AVA boundary is nationally The petition describes Laurelwood among other things, prohibit consumer or locally known by the AVA name soils as unique to the northwestern deception and the use of misleading specified in the petition; portion of the established Willamette statements on labels and ensure that • An explanation of the basis for Valley AVA, which includes the labels provide the consumer with defining the boundary of the proposed proposed Tualatin Hills AVA. adequate information as to the identity AVA; According to the petition, the only place and quality of the product. The Alcohol • A narrative description of the outside the proposed AVA where and Tobacco Tax and Trade Bureau features of the proposed AVA affecting Laurelwood soils occur is on the (TTB) administers the FAA Act viticulture, such as climate, geology, northeast-facing slopes of the

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established Chehalem Mountains AVA, which is lower than annual rainfall Laurelwood District AVA. Within the within the proposed Laurelwood amounts in the regions to the west and proposed Tualatin Hills AVA, large District AVA. However, the petition north, and higher than amounts in the concentrations of Laurelwood soil are notes that the Laurelwood soils within regions to the east and south. The dispersed throughout, separated by the Chehalem Mountains AVA are moderate rainfall amounts discourage regions without Laurelwood soils. By frequently mixed with volcanic, the growth of mold and mildew in contrast, within the proposed sedimentary, and alluvial soils. To the vineyards within the AVA. Differences Laurelwood District AVA, Laurelwood north of the proposed Tualatin Hills between daytime high temperatures and soil covers the entirety of the proposed AVA, the soils formed primarily from nighttime low temperatures, referred to AVA. Additionally, within the proposed volcanic material from eruptions near as diurnal temperature variations, are Tualatin Hills AVA, Laurelwood soil is the Oregon-Washington-Idaho border greater in the proposed AVA than in the often mixed with related soil series, between 6 and 17 million years ago and all the surrounding regions except the particularly Kinton and Cornelius soils. contain very little loess and no region to the south. Greater diurnal Within the proposed Laurelwood Laurelwood series soils. West of the variations slow the development of District AVA, Kinton and Cornelius proposed AVA, the soils are primarily sugars and reduce acid loss in grapes, soils exist only in small, isolated Coastal sediment soils originating from allowing grape varietals that require a pockets along the eastern edge. volcanic soils and marine uplifted soils long growing season to fully develop Notice of Proposed Rulemaking and that formed 50 million years ago. To the their flavor and aroma compounds. Comments Received south of the proposed AVA within the Laurelwood District Petition established Chehalem Mountains AVA, TTB published Notice No. 181 in the the soils are also formed primarily from TTB received a petition from Luisa Federal Register on June 19, 2019 (84 marine sediments, although the soils are Ponzi, president of Ponzi Vineyards, FR 28442), proposing to establish the sometimes striated with older Maria Ponzi, winemaker of Ponzi Tualatin Hills and Laurelwood District decomposing basalt and volcanic Vineyards, and Kevin Johnson, AVAs. In the notice, TTB summarized materials. To the east of the proposed winemaker of Dion Vineyards, on behalf the evidence from the two petitions AVA, the soils are primarily formed of themselves and other local grape regarding the name, boundary, and from Columbia River basalt and growers and vintners, proposing the distinguishing features for the proposed sedimentary materials. establishment of the ‘‘Laurelwood’’ AVAs. The notice also compared the The proposed Tualatin Hills AVA is AVA. However, at the request of TTB, distinguishing features of the proposed located in the upland hills of the the petitioners agreed to add the word AVAs to the surrounding areas. For a Tualatin River watershed and ‘‘District’’ to the proposed name, in detailed description of the evidence encompasses elevations between 200 order to avoid a potential impact on relating to the name, boundary, and and 1,000 feet, which is generally current label holders who are using distinguishing features of the proposed considered the upper limit for growing ‘‘Laurelwood’’ as a brand name or AVAs, and for a detailed comparison of commercial wine grapes in this region fanciful name on their wine labels. The the distinguishing features of the of Oregon. Furthermore, the petition proposed Laurelwood District AVA is proposed AVAs to the surrounding states that elevations below 200 feet located west of the city of Portland and areas, see Notice No. 181. were excluded because the lower lies entirely within the established In Notice No. 181, TTB solicited elevations are relatively flat and more Willamette Valley AVA and the comments on the accuracy of the name, susceptible to frost. The proposed AVA established Chehalem Mountains AVA. boundary, and other required is surrounded to the north and west by The proposed Laurelwood District AVA information submitted in support of the the higher elevations of the Coastal covers approximately 33,600 acres and petition. In addition, given the proposed Range, which typically exceed 1,000 contains 25 wineries and approximately Tualatin Hills and Laurelwood District feet. To the east of the proposed AVA 70 commercially-producing vineyards AVA’s location within the Willamette is the broad, flat plain of the Tualatin that cover a total of approximately 975 Valley AVA, TTB solicited comments River Valley, where elevations are acres. on whether the evidence submitted in generally below 200 feet. The petition According to the petition, the the petition regarding the distinguishing notes that there is a small region distinguishing feature of the proposed features of the two proposed AVAs between the northeast corner and the Laurelwood District AVA is the sufficiently differentiates them from the southeast corner of the proposed AVA predominance of the Laurelwood soil Willamette Valley AVA. TTB also that has similar elevations to the series. Although Laurelwood soil exists requested comments on whether the proposed AVA. However, this region outside the proposed Laurelwood geographic features of the proposed was not included in the proposed AVA District AVA, specifically within the AVAs are so distinguishable from the because it is within the urban proposed Tualatin Hills AVA to the Willamette Valley AVA that the development zone of metro Portland northwest, the petition states that there proposed AVAs should no longer be and is currently used for commercial are differences between the Laurelwood part of the established AVA. TTB and residential buildings and public soil of the proposed Laurelwood District solicited comments on whether parks; there is no commercial viticulture AVA and the Laurelwood soil of the distinguishing features of the proposed in this area. To the south and southeast proposed Tualatin Hills AVA. For Laurelwood District sufficiently of the proposed AVA are the Chehalem instance, the Laurelwood soil of the differentiate it from the established Mountains, which includes elevations proposed Laurelwood District AVA Chehalem Mountains AVA, and if the of over 1,000 feet and, according to the consists of loess combined with basalt features of the proposed AVA are so petition, are considered to be a separate, that is older than the basalt found in the distinctive that it should no longer be distinct landform from the uplands Laurelwood soil of the proposed part of the established Chehalem within the proposed Tualatin Hills Tualatin Hills AVA. However, the Mountains AVA. Finally, TTB also AVA. petition states that the primary solicited comments on whether the The climate of the proposed Tualatin distinction between the soils of the two distinguishing features of the proposed Hills AVA is characterized by average proposed AVAs is the contiguity of Laurelwood District AVA sufficiently annual rainfall amounts of 43.67 inches, Laurelwood soil within the proposed differentiate it from the proposed

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neighboring Tualatin Hills AVA, and on District AVA, uses the phrase ‘‘North Rocks District of Milton-Freewater AVA whether the distinguishing features of Slope’’ to refer to the vineyard’s (27 CFR 9.249), which shares its name the proposed Tualatin Hills AVA location. with the Freewater soil series,2 a soil sufficiently differentiate it from the Six of the comments support the series found within and outside of the proposed Laurelwood District AVA. The establishment of the Laurelwood AVA.3 The Loess Hills District AVA (27 comment period closed August 19, District AVA as proposed. The CFR 9.255) includes the word ‘‘loess,’’ 2019. supporting comments all came from which is the predominant type of soil self-identified local wine industry found within the AVA but also exists Comments Received on the Proposed members. The comments generally elsewhere.4 The Arroyo Seco AVA (27 Tualatin Hills and Laurelwood District support the proposed Laurelwood CFR 9.59) shares its name with the AVAs District AVA due to the prevalence of Arroyo Seco soil series,5 which is found In response to Notice No. 181, TTB the Laurelwood soil, and believe that within the AVA and elsewhere in received a total of nine comments. Of the establishment of the proposed AVA Monterey County, California.6 The the nine comments, only one comment would provide consumers with more establishment of these AVAs does not (comment 3) specifically mentioned the information about the origin of the prohibit winemakers from mentioning proposed Tualatin Hills AVA. That grapes in the wine, rather than cause the presence of the soil series in their comment, submitted by a local wine confusion. Comment 6 also stated the vineyards, nor does it prohibit any other industry member with vineyards in both belief that there is ample evidence that AVAs from containing these soils. of the proposed AVAs, supported the the region of the proposed AVA is Further, when established, no establishment of the proposed Tualatin known as ‘‘Laurelwood,’’ but did not commenters expressed concern or Hills AVA as a way to inform provide any additional examples. opposition that these AVAs share names consumers of the region’s TTB Response to Opposing Comments with a soil series found within and characteristics, which he believes are outside their boundaries. unique from the surrounding regions, TTB believes that the commenters Additionally, although the including the proposed Laurelwood who oppose the proposed ‘‘Laurelwood distinguishing feature of the proposed District AVA. None of the comments District’’ AVA name may misunderstand Laurelwood District AVA is the opposed the establishment of the the rationale for the proposed name and Laurelwood soil series, it is not merely proposed Tualatin Hills AVA or its what limitations its establishment the presence of this soil that defines the inclusion within the established would place on the use of the proposed AVA. The Laurelwood soil Willamette Valley AVA. Laurelwood soil name on a wine label series does have a very narrow range, All nine of the comments TTB or in advertising. Although the but it is found in some of the regions received mentioned the proposed prominent soil series in both the surrounding the proposed Laurelwood Laurelwood District AVA. Three of the proposed Tualatin Hills and District AVA, including the proposed comments, comments 1, 4, and 5, did Laurelwood District AVAs is called Tualatin Hills AVA. What primarily not oppose establishing this AVA, but ‘‘Laurelwood,’’ the proposed distinguishes the proposed Laurelwood expressed opposition to the proposed Laurelwood District AVA does not District AVA from other regions that Laurelwood District AVA name. The derive its name from the soil but from contain Laurelwood soil is the near- opposing comments generally state the the community of Laurelwood, which, uniformity of the soil within the belief that naming an AVA after a soil according to the petition, was named proposed boundaries. Soil maps type would be misleading, as it would after a school built in the area in 1904. included as Exhibit A–1 of the Tualatin imply that the soil is found only within The soil series was first formally Hills AVA petition and Figure 1 of the that AVA, when in fact there are identified by the USDA in 1974,1 on Laurelwood District AVA show that the vineyards outside the proposed AVA Iowa Hill within the proposed AVA. soils of the proposed Laurelwood AVA that are planted entirely on Laurelwood Establishment of the proposed consist almost entirely of Laurelwood soil. As a result, consumers would be Laurelwood District AVA would not set series, whereas the proposed Tualatin confused by wines made outside the a precedent of naming AVAs after a soil Hills AVA has large patches of proposed Laurelwood District AVA that series because § 9.12(a)(1) of the TTB Laurelwood soils separated by expanses claim that the grapes were grown in regulations requires a petitioner to of soils from other series, including Laurelwood soils. Comment 4 stated provide evidence that the region is Kinton and Cornelius soils.7 Because that allowing an AVA to be named after referred to by the proposed name. If the Exhibit A–1 was too large to include in a soil type would ‘‘set a dangerous proposed name refers only to a soil the online public docket, TTB has precedent’’ and could lead to the series, the name would not meet the placed a similar image of the entire creation of other AVAs that treat the regulatory requirements. TTB has extent of the Laurelwood soil series name of a soil type as if it were ‘‘solely determined that the petition provided proprietary.’’ Comment 4 was the only sufficient evidence to demonstrate that 2 https://soilseries.sc.egov.usda.gov/OSD_Docs/F/ comment to suggest alternative names the name ‘‘Laurelwood’’ applies to the FREEWATER.html. for the proposed AVA, including ‘‘North 3 ‘‘Petition to establish The Rocks District of larger region surrounding the Milton-Freewater American Viticultural Area, Slope,’’ ‘‘Laurel,’’ ‘‘Mountainside,’’ community of Laurelwood, including Oregon,’’ Page 3, within Docket No. TTB–2014– ‘‘Fern Hill, ‘‘Spring Hill,’’ ‘‘Midway,’’ the region of the proposed AVA, and 0003 at https://www.regulations.gov. and ‘‘Mountain Home.’’ Comment 4 that the name does not apply solely to 4 80 FR 34857, 34858–34859, ‘‘Notice of Proposed Rulemaking—Proposed Establishment of the Loess appeared to favor the name ‘‘North the soil series. Slope,’’ noting that 91 percent of the Hills District Viticultural Area.’’ Furthermore, TTB notes that at least 5 https://soilseries.sc.egov.usda.gov/OSD_Docs/A/ wine wholesalers the commenter 20 established AVAs share their names ARROYO_SECO.html. surveyed in his work as a director of with soils or soil series. For example, 6 See Figure 5.8–1 of the Environmental Impact wine sales for a local winery preferred Comment 8, submitted in response to Report of the Rancho San Juan Specific Plan and that name to ‘‘Laurelwood District.’’ HYH Property Project, https:// the proposed rulemaking, mentions The www.co.monterey.ca.us/home/ Comment 4 also claimed that the showdocument?id=36998. website of Ponzi Vineyards, one of the 1 https://soilseries.sc.egov.usda.gov/OSD_Docs/L/ 7 See Exhibits A–1 and Figure 1 in the docket petitioners for the proposed Laurelwood LAURELWOOD.html. number TTB–2019–0003 at www.regulations.gov.

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obtained from the University of As discussed in Notice No. 181, the that name, and the wine must meet the California–Davis Soil Series Extent Tualatin Hills AVA shares some broad other conditions listed in 27 CFR Explorer 8 in the docket. Establishment characteristics with the Willamette 4.25(e)(3). If the wine is not eligible for of the AVA would not mean that TTB Valley AVA. For example, elevations labeling with an AVA name and that does not recognize the presence of within both AVAs are generally below name appears in the brand name, then Laurelwood soil in other regions or 1,000 feet, and the soils are primarily the label is not in compliance and the AVAs, only that TTB recognizes the silty loams and clay loams. However, bottler must change the brand name and ubiquity of the soil within the proposed the Tualatin Hills AVA is comprised obtain approval of a new label. AVA as the feature that distinguishes it mainly of rolling hills and lacks the Similarly, if the AVA name appears in from the surrounding regions. major valley floors that are a primary another reference on the label in a TTB is proposing to make only the feature of the Willamette Valley AVA. misleading manner, the bottler would full name of the proposed Laurelwood Additionally, annual rainfall amounts have to obtain approval of a new label. District AVA a term of viticultural are slightly higher for the Tualatin Hills Different rules apply if a wine has a significance. Additionally, current label AVA than for the Willamette Valley brand name containing an AVA name holders who use the word AVA in general. that was used as a brand name on a ‘‘Laurelwood’’ in a brand name would TTB has also determined that the label approved before July 7, 1986. See not be affected by the establishment of Laurelwood District AVA will remain 27 CFR 4.39(i)(2) for details. the Laurelwood District AVA. part of both the established Willamette With the establishment of these two Finally, although comment 4 Valley AVA and the established AVAs, their names, ‘‘Tualatin Hills’’ provided some alternative names for the Chehalem Mountains AVA. As and ‘‘Laurelwood District,’’ will be proposed Laurelwood District AVA, the discussed in Notice No. 181, the recognized as names of viticultural comment only noted that the names Laurelwood District AVA shares some significance under § 4.39(i)(3) of the were names of features or communities broad characteristics with both TTB regulations (27 CFR 4.39(i)(3)). The within the proposed AVA. The established AVAs. For example, both text of the regulations clarifies this comment did not include evidence that the Willamette Valley AVA and the point. Consequently, wine bottlers using the entire region of the proposed AVA Laurelwood District AVA are in the rain the name ‘‘Tualatin Hills’’ or is known by any of these alternative shadow of the Cascade Mountains and, ‘‘Laurelwood District’’ in a brand name, names, as required by § 9.12(a)(1). The therefore, share similar annual rainfall including a trademark, or in another link to the Ponzi Vineyards website amounts and growing degree day label reference as to the origin of the included in the comment 9 does note accumulations. Like the Chehalem wine, will have to ensure that the that the family’s vineyards are ‘‘situated Mountains AVA, the Laurelwood product is eligible to use the AVA name on the North slope (sic)’’ of the District AVA consists of hilly-to- as an appellation of origin. TTB is not Chehalem Mountains AVA, but it is mountainous terrain with vineyards designating the phrase ‘‘Laurelwood’’ as unclear if this statement uses the phrase planted at elevations between 200 and a term of viticultural significance, in ‘‘North slope’’ more to describe the 1,000 feet. However, the Laurelwood order to avoid a potential negative effect geographic orientation of the vineyards, District AVA differs from both the on current labels that use ‘‘Laurelwood’’ rather than as the name of the entire Willamette Valley and Chehalem as part of a brand name or as a truthful region. Therefore, TTB cannot Mountains AVAs because its primary description of vineyard soils on wine determine that ‘‘North Slope’’ or any of soil is the Laurelwood series, whereas labels. Therefore, the phrase the other suggested names would be the other two AVAs have a much wider ‘‘Laurelwood’’ (without the word more appropriate for the proposed AVA diversity of soils. ‘‘district’’) may be used as a brand than ‘‘Laurelwood District.’’ name, part of a brand name, or a truthful Boundary Description description of vineyard soils on wine TTB Determination See the narrative description of the labels without having to meet the After careful review of the petition boundary of the Tualatin Hills AVA and appellation of origin eligibility and the comments received in response the Laurelwood District AVA in the requirements for the Laurelwood to Notice No. 181, TTB finds that the regulatory text published at the end of District AVA. evidence provided by the petitioners this final rule. The establishment of the Tualatin Hills and Laurelwood District AVAs supports the establishment of the Maps Tualatin Hills and Laurelwood District will not affect any existing AVA, and AVAs. Accordingly, under the authority The petitioners provided the required any bottlers using ‘‘Willamette Valley’’ of the FAA Act, section 1111(d) of the maps, and they are listed below in the or ‘‘Chehalem Mountains’’ as an Homeland Security Act of 2002, and regulatory text. The boundaries of the appellation of origin or in a brand name for wines made from grapes grown part 4 of the TTB regulations, TTB Tualatin Hills and Laurelwood District within the Willamette Valley AVA will establishes the ‘‘Tualatin Hills’’ AVA in AVAs may also be viewed on the AVA not be affected by the establishment of portions of Multnomah and Washington Map Explorer on the TTB website, at these new AVAs. The establishment of Counties, Oregon, and the ‘‘Laurelwood https://www.ttb.gov/wine/ava-map- the Tualatin Hills AVA will allow District’’ AVA in portions of explorer. vintners to use ‘‘Tualatin Hills’’ and Washington and Yamhill Counties, Impact on Current Wine Labels ‘‘Willamette Valley’’ as appellations of Oregon, effective 30 days from the Part 4 of the TTB regulations prohibits origin for wines made primarily from publication date of this document. any label reference on a wine that grapes grown within the Tualatin Hills TTB has also determined that the indicates or implies an origin other than AVA if the wines meet the eligibility Tualatin Hills AVA will remain part of the wine’s true place of origin. For a requirements for the appellation. The the established Willamette Valley AVA. wine to be labeled with an AVA name establishment of the Laurelwood or with a brand name that includes an District AVA will allow vintners to use 8 https://casoilresource.lawr.ucdavis.edu/see/ #laurelwood. AVA name, at least 85 percent of the ‘‘Laurelwood District,’’ ‘‘Willamette 9 https://www.ponzivineyards.com/About-Us/ wine must be derived from grapes Valley,’’ and ‘‘Chehalem Mountains’’ as Vineyards. grown within the area represented by appellations of origin for wines made

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primarily from grapes grown within the (6) Hillsboro, OR, 2014; and (12) Proceed north along SW Fern Hill Laurelwood District AVA if the wines (7) Linnton, OR, 2014. Road for approximately 1.2 miles, meet the eligibility requirements for the (c) Boundary. The Tualatin Hills crossing onto the Forest Grove map, to appellation. viticultural area is located in Clackamas, the road’s intersection with Oregon Multnomah and Washington Counties, Highway 47; then Regulatory Flexibility Act in Oregon. The boundary of the Tualatin (13) Proceed northerly along Oregon TTB certifies that this regulation will Hills viticultural area is as described Highway 47 for approximately 7.6 miles not have a significant economic impact below: to its intersection with Oregon Highway on a substantial number of small (1) The beginning point is on the 6/NW Wilson River Highway; then entities. The regulation imposes no new Dixie Mountain map at the intersection (14) Proceed east along Oregon reporting, recordkeeping, or other of North West Skyline Boulevard and Highway 6/NW Wilson River Highway administrative requirement. Any benefit North West Moreland Road. From the for approximately 2.5 miles to its derived from the use of an AVA name beginning point, proceed southwesterly intersection with Sunset Highway; then would be the result of a proprietor’s along North West Moreland Road for (15) Proceed southeast along Sunset efforts and consumer acceptance of approximately 1.3 miles to road’s Highway for approximately 2.3 miles to wines from that area. Therefore, no intersection with the Multnomah– its intersection with the railroad tracks; regulatory flexibility analysis is Washington County line; then then required. (2) Proceed south along the (16) Proceed east along the railroad Multnomah–Washington County for tracks, crossing onto the Hillsboro map, Executive Order 12866 approximately 1.2 miles to the county to the intersection of the railroad tracks It has been determined that this final line’s intersection with the 1,000-foot and an unnamed road known locally as rule is not a significant regulatory action elevation contour; then NW Dick Road; then as defined by Executive Order 12866 of (3) Proceed northwesterly along the (17) Proceed south along NW Dick September 30, 1993. Therefore, no 1,000-foot elevation contour, crossing Road for approximately 0.3 mile to its regulatory assessment is required. onto the Vancouver map and continuing intersection with NW Phillips Road; generally southwesterly along the then Drafting Information meandering 1,000-foot elevation contour (18) Proceed east along NW Phillips Karen A. Thornton of the Regulations to its intersection with the Washington– Road for approximately 1.2 miles, and Rulings Division drafted this final Yamhill County line; then crossing onto the Linnton map, to the rule. (4) Proceed east along the road’s intersection with an unnamed List of Subjects in 27 CFR Part 9 Washington–Yamhill County line, road known locally as NW Old crossing onto the Gaston map, to the Cornelius Pass Road; then Wine. intersection of the county line with NW (19) Proceed northeast along NW Old The Regulatory Amendment South Road; then Cornelius Pass Road to its intersection (5) Proceed northeast along NW South with NW Skyline Boulevard Road; then For the reasons discussed in the Road to its intersection with SW South (20) Proceed north and west along preamble, TTB amends title 27, chapter Road; then NW Skyline Boulevard for I, part 9, Code of Federal Regulations, as (6) Proceed northeasterly along SW approximately 10.5 miles, crossing over follows: South Road to its intersection with the the northeast corner of the Hillsboro 200-foot elevation contour; then map and onto the Dixie Mountain map PART 9—AMERICAN VITICULTURAL (7) Proceed easterly along the 200-foot AREAS and then returning to the beginning elevation contour for approximately 1.9 point. ■ 1. The authority citation for part 9 miles to its intersection with East Main ■ 3. Subpart C is amended by adding continues to read as follows: Street/SW Gaston Road in the village of § 9.269 to read as follows: Gaston; then Authority: 27 U.S.C. 205. (8) Proceed south, then east along SW § 9.269 Laurelwood District. Gaston Road for approximately 0.9 mile, Subpart C—Approved American (a) Name. The name of the viticultural crossing onto the Laurelwood map, to Viticultural Areas area described in this section is the road’s intersection with the 240-foot ‘‘Laurelwood District’’. For purposes of ■ 2. Subpart C is amended by adding contour line just south of an unnamed part 4 of this chapter, ‘‘Laurelwood § 9.268 to read as follows: road known locally as SW Dixon Mill District’’ is a term of viticultural Road; then significance. § 9.268 Tualatin Hills. (9) Proceed north along the (b) Approved maps. The six United (a) Name. The name of the viticultural meandering 240-foot elevation contour States Geological Survey (USGS) area described in this section is for approximately 5 miles to its 1:24,000 scale topographic maps used to ‘‘Tualatin Hills’’. For purposes of part 4 intersection with SW Sandstrom Road; determine the boundary of the of this chapter, ‘‘Tualatin Hills’’ is a then Laurelwood District viticultural area are term of viticultural significance. (10) Proceed west along SW titled: (b) Approved maps. The 6 United Sandstrom Road for approximately 0.15 (1) Laurelwood, OR, 2014; States Geological Survey (USGS) mile to its third crossing of the 200-foot (2) Scholls, Oreg., 1961; photorevised 1:24,000 scale topographic maps and the elevation contour; then 1985; single 1:250,000 scale topographic map (11) Proceed northwesterly and then (3) Newberg, OR, 2014; used to determine the boundary of the northeasterly along the meandering 200- (4) Beaverton, Oreg., 1961; Tualatin Hills viticultural area are titled: foot contour line for approximately 2.9 photorevised 1984; (1) Vancouver, 1974 (1:250,000); miles to its intersection with an (5) Sherwood, Oreg., 1961; (2) Dixie Mountain, OR, 2014; unnamed road known locally as SW photorevised 1985; and (3) Gaston, OR, 2014; Fern Hill Road, north of an unnamed (6) Dundee, Oreg., 1956; revised 1993. (4) Laurelwood, OR, 2014; road known locally as SW Blooming (c) Boundary. The Laurelwood (5) Forest Grove, OR, 2014; Fern Hill Road; then District viticultural area is located in

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Washington and Yamhill Counties, in (11) Proceed southwesterly along an unnamed road known locally as Oregon. The boundary of the Oregon Highway 99W for 0.45 mile to Owls Lane, to the intersection of the Laurelwood District viticultural area is its intersection with the 250-foot elevation contour with NE Kincaid as described below: elevation contour immediately south of Road; then (1) The beginning point is on the an unnamed tributary of Cedar Creek in (25) Proceed northwesterly along NE Laurelwood map at the intersection of section 36, T2S/R2W; then Kincaid Road for 0.25 mile to its Winters Road and Blooming Fern Hill (12) Proceed southerly along the 250- Road in section 17, T1S/R3W. From the foot elevation contour for 1 mile to its intersection with NE Springbrook Road; beginning point, proceed west then intersection with Middleton Road in then northwest along Blooming Fern Hill section 1, T2S/R2W; then (26) Proceed northwesterly along NE Road for approximately 0.4 mile to its (13) Proceed southwesterly along Springbrook Road for 0.22 mile to its intersection with the 200-foot elevation Middleton Road, which becomes Rein intersection with an unnamed road contour; then Road, for 0.5 mile to the intersection of known locally as Bell Road; then (2) Proceed north then northeasterly the road with the 200-foot elevation (27) Proceed east along Bell Road for along the 200-foot elevation contour for contour immediately south of Cedar 0.5 mile, making a sharp northwesterly 1.5 miles to its intersection with SW La Creek; then turn, then continuing along the road for Follette Road; then (14) Proceed easterly along the 200- (3) Proceed south along SW La foot elevation contour for 1.6 miles to its 0.2 mile to its intersection with Follette Road for 0.25 mile to its intersection with an unnamed light-duty Mountain Top Road; then intersection with the 240-foot elevation east-west road known locally as (28) Proceed northwesterly along contour, north of Blooming Fern Hill Brookman Road in the village of Mountain Top Road for 1.9 miles to its Road; then Middleton, section 6, T3S/R1W; then intersection with SW Hillsboro (4) Proceed easterly then southerly (15) Proceed east on Brookman Road Highway, also known as Highway 219; along the 240-foot elevation contour, for 0.4 mile to its intersection with the then crossing onto the Scholls map and back shared Washington–Clackamas County (29) Proceed north along SW onto the Laurelwood map, for a total of line at the western corner of section 5, 17 miles to the intersection of the T3S/R1W; then Hillsboro Highway for 0.1 mile to its elevation contour with SW Laurel Road; (16) Proceed south along the intersection with Mountain Top Road at then Washington–Clackamas County line for the Washington–Yamhill County line; (5) Proceed east along SW Laurel 1 mile to its intersection with Parrett then Road for 0.15 mile to its intersection Mountain Road along the eastern (30) Proceed northwest along with the 200-foot elevation contour; boundary of section 7, T3S/R1W; then Mountain Top Road for 3.1 miles, then (17) Proceed southwesterly along crossing onto the Dundee map, to the (6) Proceed easterly along the 200-foot Parrett Mountain Road, crossing onto intersection of the road with Bald Peak elevation contour, crossing over the the Newberg map, for a total of 2.6 Road in section 26, T2S/R3W; then Scholls map and onto the Newberg map, miles, to the intersection with an then crossing Heaton Creek and back unnamed local road known locally as (31) Proceed northwest, then onto the Scholls map for a total of 17.5 NE Old Parrett Mountain Road; then northeast, then north along Bald Peak miles to the intersection of the elevation (18) Proceed west along NE Old Road, crossing onto the Laurelwood contour with Mountain Home Road east Parrett Mountain Road for 1.7 mile to its map, for a total of 4.8 miles, to the of Heaton Creek; then intersection with NE Schaad Road; then intersection of the road with SW (7) Proceed easterly then southerly (19) Proceed west along NE Schaad Laurelwood Road; then along the 200-foot elevation contour, Road for 0.5 mile to its intersection with (32) Proceed southwest, then crossing over the Beaverton and an unnamed local road known locally as northwest, along SW Laurelwood Road Sherwood maps and back onto the NE Corral Creek Road; then for 0.8 mile to its intersection with the Scholls map for a total of 8.9 miles to (20) Proceed north along NE Corral 700-foot elevation contour; then the intersection of the elevation contour Creek Road for 0.9 mile to its with the middle tributary of an westernmost intersection with an (33) Proceed northeast, then unnamed stream along the western unnamed local road known locally as northwest, then north along the 700-foot boundary of section 24, T2S/R2W; then NE Veritas Lane, south of Oregon elevation contour for 5 miles, passing (8) Proceed southeast along the 200- Highway 99W; then west of Iowa Hill and Spring Hill, to the foot elevation contour, crossing over the (21) Proceed north westerly in a intersection of the elevation contour and northeast corner of the Newberg map straight line for approximately 0.05 mile SW Winters Road; then and onto the Sherwood map, to the to the intersection of Oregon Highway (34) Proceed north on SW Winters intersection of the elevation contour 99W and the 250-foot elevation contour; Road for 2 miles, returning to the with Edy Road in section 25, T2S/R2W; then beginning point. then (22) Proceed northwesterly along the (9) Proceed southwest along the 200- 250-foot elevation contour for 1 mile to Signed: January 28, 2020. foot elevation contour, crossing onto the its intersection with the second, Mary G. Ryan, Newberg map and back onto the westernmost intermittent stream that is Acting Administrator. Sherwood map, to the intersection of an unnamed tributary of Spring Brook; Approved: May 13, 2020. the elevation contour with Elwert Road then along the eastern boundary of section (23) Proceed northerly along the Timothy E. Skud, 25, T2S/R2W; then unnamed stream, crossing the single- Deputy Assistant Secretary (Tax, Trade, and (10) Proceed south along Elwert Road gauge railroad track, for 0.5 mile to the Tariff Policy). for 0.85 mile to its intersection with an intersection of the stream with the 430- [FR Doc. 2020–10919 Filed 6–2–20; 8:45 am] unnamed highway known locally as foot elevation contour; then BILLING CODE 4810–31–P Oregon Highway 99W, along the eastern (24) Proceed west along the 430-foot boundary of section 36, T2S/R2W; then elevation contour for 0.25 mile, crossing

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