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] 

BILLING CODE 6717–01–P

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[TTB T.D.–20; Re: Notice No. 19] 

RIN 1513–AA59 

Establishment of the Yamhill-Carlton 

District Viticultural Area (2002R–216P)

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

SUMMARY: This Treasury decision 

establishes the Yamhill-Carlton District 

viticultural area in Yamhill and 

Washington Counties, Oregon. The new 

Yamhill-Carlton District viticultural 

area is entirely within the existing 

Willamette Valley viticultural area. We 

designate viticultural areas to allow 

vintners to better describe the origin of 

their wines and to allow consumers to 

better identify wines they may 

purchase.

DATES: Effective Date: February 7, 2005.

FOR FURTHER INFORMATION CONTACT: N. 

A. Sutton, Program Manager, 

Regulations and Procedures Division, 

Alcohol and Tobacco Tax and Trade 

Bureau, 925 Lakeville St., #158, 

Petaluma, CA 94952; telephone 415–

271–1254.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (the FAA Act, 27 

U.S.C. 201 et seq.) requires that alcohol 

beverage labels provide the consumer 

with adequate information regarding a 

product’s identity and prohibits the use 

of misleading information on such 

labels. The FAA Act also authorizes the 

Secretary of the Treasury to issue 

regulations to carry out its provisions. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers these 

regulations. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

of the regulations. These designations 

allow vintners and consumers to 

attribute a given quality, reputation, or 

other characteristic of a wine made from 

grapes grown in an area to its 

geographic origin. The establishment of 

viticultural areas allows vintners to 

describe more accurately the origin of 

their wines to consumers and helps 

consumers to identify wines they may 

purchase. Establishment of a viticultural 

area is neither an approval nor an 

endorsement by TTB of the wine 

produced in that area. 

Requirements 

Section 4.25(e)(2) of the TTB 

regulations outlines the procedure for 

proposing an American viticultural area 

and provides that any interested party 

may petition TTB to establish a grapegrowing region as a viticultural area. 

Section 9.3(b) of the TTB regulations 

requires the petition to include—

• Evidence that the proposed 

viticultural area is locally and/or 

nationally known by the name specified 

in the petition; 

• Historical or current evidence that 

supports setting the boundary of the 

proposed viticultural area as the 

petition specifies; 

• Evidence relating to the 

geographical features, such as climate, 

soils, elevation, and physical features, 

that distinguish the proposed 

viticultural area from surrounding areas; 

• A description of the specific 

boundary of the proposed viticultural 

area, based on features found on United 

States Geological Survey (USGS) maps; 

and 

• A copy of the appropriate USGS 

map(s) with the proposed viticultural 

area’s boundary prominently marked. 

Yamhill-Carlton District Petition 

General Background 

TTB received a petition from Alex 

Sokol-Blosser, Secretary of the North 

Willamette Valley AVA Group, on 

behalf of Yamhill-Carlton District 

winegrowers, proposing a new 

viticultural area to be called the 

‘‘Yamhill-Carlton District.’’ Ken Wright 

was the author of the petition. The 

proposed Yamhill-Carlton District 

viticultural area is located about 35 

miles southwest of Portland, Oregon, 

and 25 miles inland from the Pacific 

Ocean. The proposed area is wholly 

within Yamhill and Washington 

Counties in northwestern Oregon and is 

entirely within the existing Willamette 

Valley viticultural area (27 CFR 9.90). 

As of the 2002 Yamhill-Carlton District 

petition, there were 26 vineyards within 

the area, with about 650 acres planted 

to grapes. 

The proposed Yamhill-Carlton 

District viticultural area is distinguished 

primarily by elevation, soil, and climate. 

Within the viticultural area’s described 

boundary the defined viticultural area is 

limited to elevations between 200 feet 

and 1,000 feet, yielding size of 8,500 

acres. A precedent exists for elevation as 

a distinguishing factor with the 

establishment of the Mendocino Ridge 

viticultural area in Mendocino County, 

California, which includes land only at 

or above the 1,200-foot elevation (see 27 

CFR 9.158 and T.D. ATF–392 at 62 FR 

55512, October 27, 1997). 

Name Evidence 

This viticultural area is locally known 

as the ‘‘Yamhill-Carlton District,’’

according to the petition. The 

viticultural area surrounds the towns of 

Yamhill and Carlton, Oregon, which lie 

3 miles apart along State Route 47 in 

Yamhill County. While the two towns 

operate independently, they have had 

strong ties since their separate 

incorporations over 100 years ago. The 

hyphenated expression of the cities’

names has been used since 1853 with 

the establishment of the YamhillCarlton Pioneer Cemetery.

In modern times, the Yamhill-Carlton 

Union High School has existed since 

1955 and operates under the 

supervision of the Yamhill-Carlton 

School District. The two cities share a 

newspaper, the Carlton-Yamhill Review. 

The USGS Carlton map identifies the 

towns of Yamhill and Carlton and the 

Yamhill-Carlton Pioneer Cemetery. 

Boundary Evidence 

Geographically, the Yamhill-Carlton 

District viticultural area is a southfacing bowl containing a series of 

horseshoe-shaped eroded hills 

composed of sedimentary parent 

material. To the area’s west is the 

higher-elevation Coast Range, to the 

south is a cooler maritime-influenced 

area, and to the east and north are 

natural lowland drainages. The area’s 

western boundary is based on the 

change to sedimentary soils from the 

volcanic soils of the Coast Range. The 

higher elevations of the coastal hills to 

the west, generally ranging from 1,000–

2,000 feet, are much cooler and have 

proven unsuitable for grape growing. 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 71373

At the viticultural area’s southwestern 

boundary, the area’s almost purely 

sedimentary parent material changes to 

a mix of basalt, slate, and sedimentary 

material. The southern boundary 

transitions to a valley floor that contains 

deep soils composed of Willamette silts. 

The frost-prone nature of this lower 

elevation region, combined with its high 

soil permeability and fertility, makes it 

unsuitable for production of quality 

vinifera grape varieties. 

Abbey and Kuehne Roads serve as the 

Yamhill-Carlton District viticultural 

area’s eastern border and mark the 

change from its sedimentary soils to the 

volcanic soils of the Dundee Hills. 

Millican Creek, a natural drainage 

between the viticultural area and the 

Dundee Hills, runs along this boundary 

line, flowing from north to south and 

eventually joining the Yamhill River 

near the town of Lafayette. Chehalem 

Creek’s drainage system separates the 

Yamhill-Carlton District from Ribbon 

Ridge and the Chehalem Mountains to 

the northeast. The Yamhill-Carlton 

District’s sedimentary soils are generally 

coarser in texture and subject to more 

faulting, uplifts, and erosion than the 

Ribbon Ridge sedimentary soils. 

The Wapato Lake Bed, a large, low 

drainage area on the northeastern 

boundary of the Yamhill-Carlton 

District, separates it from the Chehalem 

Mountains. The soils of these two 

viticultural regions are vastly different. 

The Yamhill-Carlton District has highly 

eroded sedimentary parent material, 

while the Chehalem Mountains, which 

lie across the Wapato Lake Bed, have 

soils formed from wind-blown mixed 

material and overlying basalt. The 

northern border of the Yamhill-Carlton 

District viticultural area coincides with 

the low elevation Patton Valley with its 

predominately wind-blown soil. 

In modern times, two vineyards can 

lay claim to being first planted in the 

Yamhill-Carlton viticultural area. In 

1974, Roy and Betty Wahle planted 8 

acres of vinifera grapes, and, that same 

year, Pat and Joe Campbell of Elk Cove 

Vineyards also planted an 8-acre 

vineyard. In 1977, Elk Grove Estate 

produced the first commercial wine in 

the Yamhill-Carlton area, and, as of 

2002, there were 10 commercial 

wineries in the area.

Distinguishing Features 

Soils 

The most significant feature 

separating the Yamhill-Carlton District 

viticultural area from nearby grapegrowing regions is the area’s 

predominant ancient sedimentary soils. 

Wines made from grapes grown in these 

sedimentary soils often contain distinct 

aromatic flavors (coffee, cocoa, anis, 

cedar, tobacco) not found in the same 

wine varietals grown in different soils, 

according to the petition. Also, the 

petition adds that the wines made from 

grapes grown in these ancient 

sedimentary soils are consistently lower 

in acid than wines made from grapes 

grown in basaltic or wind-blown soils. 

According to ‘‘The Roadside Geology 

of Oregon’’ (David Alt and Donald W. 

Hyndman), the soils of the YamhillCarlton District, formed in the Eocene 

era, are derived from marine sediments 

and ocean floor volcanic basalt that 

have a high water-holding capacity with 

moderate to high erosion levels. Alan 

Campbell of NW Vineyards prepared a 

vineyard soils map of Yamhill County, 

Oregon, which shows that the western 

hills of the Yamhill-Carlton District 

comprise two soils groups, Willakenzie 

on the lower elevation slopes and 

Peavine on the upper slopes. Peavine 

soils dominate the northern section of 

the viticultural area, while its eastern 

slopes comprise Wellsdale and 

Willakenzie soil series. 

The sedimentary soils of the YamhillCarlton District viticultural area are 

millions of years older than the soils in 

the surrounding areas. In contrast, 

younger volcanic-based soils formed in 

the Miocene Era dominate in the Eola 

Hills (south of the Yamhill-Carlton 

District), Chehalem Mountains (north 

and east of the Yamhill-Carlton District), 

and Dundee Hills (southeast of the 

Yamhill-Carlton District). 

The Eola Hills have predominately 

basalt soil series (Neika, Gelderman, 

Ritner), which are characterized by their 

low water capacity, slow permeability, 

and moderate erosion level. The 

Chehalem Mountains have a 

combination of Columbia River basalt, 

ocean sedimentation, and wind-blown 

loess derivation soil types. The Dundee 

Hills contain soils mainly derived from 

Columbia River basalt lavas (largely 

based on the Jory series), which are 

moderately fertile and well drained, 

with slight to moderate erosion levels. 

The Ribbon Ridge region, immediately 

east of the Yamhill-Carlton District 

viticultural area, also contains primarily 

sedimentary soils. However, these were 

formed in the Oligocene Era and are 

younger, finer, and more uniform than 

the sedimentary soils of the YamhillCarlton District. 

The floor of the Willamette Valley, at 

elevations of 200 feet or below, contains 

fine-grained soils deposited as a result 

of the Missoula floods, which occurred 

12,000 years ago. These Willamette silt 

soils have greater depth, fertility, and 

water-holding capacity than soils of the 

viticultural area. The fertility and waterholding capacity of these low-elevation 

soils extends the vegetative period of 

the vine and delays the ripening of 

vines planted in the Willamette valley. 

Elevation 

Within the Yamhill-Carlton District 

viticultural area’s boundary, which is 

described in the regulatory text below, 

only land from 200 feet to 1,000 feet in 

elevation is included within the 

viticultural area. At elevations below 

200 feet, the low valley floors are prone 

to frost. Conversely, at elevations greater 

than 1,000 feet, the higher terrain is 

significantly cooler and lacks the 

necessary heat to properly ripen wine 

grapes. 

Climate 

The climate of the Yamhill-Carlton 

District viticultural area is distinct from 

the surrounding areas. It is bordered on 

the west by the mountains of the Coast 

Range, which have a colder climate as 

measured in degree-days (a heat 

summation obtained by totaling each 

day’s temperature above 50 degrees 

Fahrenheit during the growing season), 

and which are unsuitable for production 

of vinifera wine grape varietals. Also, 

temperatures in the Yamhill-Carlton 

District annually average 18.3 days 

above 90° F, while the Coast Range has 

only 2 such days, making it a 

significantly cooler growing area. 

The Coast Range is also wetter than 

the Yamhill-Carlton viticultural area. 

According to data obtained from the 

Oregon Climate Service, average rainfall 

for the Yamhill-Carlton District is 42 

inches, while the Coast Range receives 

between 80 and 110 inches per year. 

The regions immediately south of the 

Yamhill-Carlton area are influenced by 

the cooling effect of weather systems 

flowing inland from the Pacific Ocean 

through the Van Duzer Corridor, a 

mountain gap in the Coast Range, at 

Dallas, Oregon. This corridor funnels 

cooling marine summer breezes east 

toward Salem, which substantially 

lowers the average temperature during 

the growing season. This marine cooling 

effect quickly dissipates as it moves 

north towards the Yamhill-Carlton 

District. 

The Yamhill-Carlton District has a 42-

inch average annual rainfall, as 

compared to 49.1 inches for Dallas, 

Oregon, to the south at the Van Duzer 

Corridor. Also, Dallas, Oregon, has 51 

fewer degree-days than McMinnville, 

Oregon (which is at the southern border 

of the Yamhill-Carlton District), and 186 

fewer degree-days than Forest Grove, 

Oregon (which lies 6 miles north of the 

viticultural area). 

71374 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 

The Patton Valley, a large, low area 

just north of the Yamhill-Carlton 

District, has an annual rainfall average 

difference of about 2 inches when 

compared with the Yamhill-Carlton 

District viticultural area. However, the 

30-year average temperature data show 

the area north of Patton Valley to have 

135 more degree-days than the YamhillCarlton District. 

Boundary Description 

See the narrative boundary 

description of the viticultural area in the 

regulatory text published at the end of 

this notice. 

Maps 

The petitioner(s) provided the 

required maps, and we list them below 

in the regulatory text. 

Notice of Proposed Rulemaking 

TTB published a notice of proposed 

rulemaking regarding the establishment 

of the Yamhill-Carlton District 

viticultural area in the October 7, 2003, 

Federal Register as Notice No. 19 (68 FR 

57845). In that notice, TTB requested 

comments by December 8, 2003, from 

all interested persons. We received one 

comment supporting the establishment 

of the Yamhill-Carlton District 

viticultural area.

After careful review, TTB finds that 

the evidence submitted with the 

petition supports the establishment of 

the proposed viticultural area. 

Therefore, under the authority of the 

Federal Alcohol Administration Act and 

part 4 of our regulations, we establish 

the ‘‘Yamhill-Carlton District’’

viticultural area in Oregon, effective 60 

days from this document’s publication 

date. 

Impact on Current Wine Labels 

Part 4 of the TTB regulations prohibits 

any label reference on a wine that 

indicates or implies an origin other than 

the wine’s true place of origin. With the 

establishment of this viticultural area 

and its inclusion in part 9 of the TTB 

regulations, its name, ‘‘Yamhill-Carlton 

District,’’ is recognized as a name of 

viticultural significance. Consequently, 

wine bottlers using ‘‘Yamhill-Carlton 

District’’ in a brand name, including a 

trademark, or in another label reference 

as to the origin of the wine, must ensure 

that the product is eligible to use the 

viticultural area’s name as an 

appellation of origin. 

For a wine to be eligible to use as an 

appellation of origin the name of a 

viticultural area specified in part 9 of 

the TTB regulations, at least 85 percent 

of the grapes used to make the wine 

must have been grown within the area 

represented by that name, and the wine 

must meet the other conditions listed in 

27 CFR 4.25(e)(3). If the wine is not 

eligible to use the viticultural area name 

as an appellation of origin and that 

name appears in the brand name, then 

the label is not in compliance and the 

bottler must change the brand name and 

obtain approval of a new label. 

Similarly, if the viticultural area name 

appears in another reference on the 

label in a misleading manner, the bottler 

would have to obtain approval of a new 

label. 

Different rules apply if a wine has a 

brand name containing a viticultural 

area name that was used as a brand 

name on a label approved before July 7, 

1986. See 27 CFR 4.39(i)(2) for details. 

Regulatory Analyses and Notices 

Regulatory Flexibility Act 

We certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

This regulation imposes no new 

reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name is the result of a proprietor’s 

efforts and consumer acceptance of 

wines from that area. Therefore, no 

regulatory flexibility analysis is 

required. 

Executive Order 12866 

This rule is not a significant 

regulatory action as defined by 

Executive Order 12866 (58 FR 51735). 

Therefore, it requires no regulatory 

assessment. 

Drafting Information 

N.A. Sutton of the Regulations and 

Procedures Division drafted this 

document.

List of Subjects in 27 CFR Part 9 

Wine.

The Regulatory Amendment

For the reasons discussed in the 

preamble, we amend 27 CFR, chapter 1, 

part 9 as follows:

PART 9—AMERICAN VITICULTURAL 

AREAS

■ 1. The authority citation for part 9 

continues to read as follows:

Authority: 27 U.S.C. 205.

Subpart C—Approved American 

Viticultural Areas

■ 2. Amend subpart C by adding § 9.183 

to read as follows:

§ 9.183 Yamhill-Carlton District. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Yamhill-Carlton District’’. 

(b) Approved maps. The appropriate 

maps for determining the boundary of 

the Yamhill-Carlton District viticultural 

area are eight 1:24,000 Scale U.S.G.S. 

topography maps. They are titled: 

(1) Gaston Quadrangle, Oregon, 1956, 

revised 1992; 

(2) Laurelwood Quadrangle, Oregon, 

1956, revised 1992; 

(3) Dundee Quadrangle, Oregon, 1956, 

revised 1993; 

(4) Carlton Quadrangle, Oregon—

Yamhill Co., 1957, revised 1992; 

(5) Fairdale Quadrangle, OregonYamhill Co., 1979; 

(6) McMinnville Quadrangle, 

Oregon—Yamhill Co., 1957, revised 

1992; 

(7) Muddy Valley Quadrangle, 

Oregon—Yamhill Co., 1979, revised 

1992; and 

(8) Turner Creek Quadrangle, Oregon, 

1979. 

(c) Boundary. The Yamhill-Carlton 

District viticultural area is located in 

Yamhill and Washington Counties, 

Oregon, and is entirely within the 

Willamette Valley viticultural area. The 

Yamhill-Carlton District viticultural 

area is limited to lands at or above 200 

feet in elevation and at or below 1,000 

feet in elevation within its boundary, 

which is described as follows—

(1) The point of beginning is on the 

Gaston map in the village of Gaston at 

the intersection of Gaston Road East (E. 

Main Street within Gaston) and the 200-

foot elevation line, approximately 225 

feet west of State Route 47, section 49, 

T1S, R4W. From this beginning point, 

proceed southerly and then 

southeasterly about 8.15 miles along the 

meandering 200-foot elevation line 

(crossing to and from the Laurelwood 

map in sections 12 and 13, T2S, R4W, 

and then returning to the Laurelwood 

map) to the 200-foot elevation line’s 

intersection with Spring Hill Road, 

section 58, T2S, R3W (Laurelwood 

Quadrangle); then 

(2) Proceed south 1.1 miles on Spring 

Hill Road, which becomes North Valley 

Road at Laughlin Road, crossing onto 

the Dundee map, to the road’s 

intersection with the 200-foot elevation 

line, section 30, T2S, R3W (Dundee 

Quadrangle); then 

(3) Proceed northerly then southerly 

for approximately 5 miles along the 200-

foot elevation line, crossing over to and 

back from the Laurelwood map, to the 

200-foot elevation line’s intersection 

with State Route 240, section 47, T3S, 

R3W (Dundee Quadrangle); then 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Rules and Regulations 71375

(4) Proceed straight west for 0.2 mile 

on State Route 240 to its intersection 

with Kuehne Road at the 207-foot 

benchmark, section 47, T3S, R3W 

(Dundee Quadrangle); then 

(5) Proceed southerly for about 1.9 

miles on Kuehne Road to its intersection 

with Abbey Road, section 50, T3S, R3W 

(Dundee Quadrangle); then 

(6) Proceed southerly 1.4 miles on 

Abbey Road to its intersection with the 

200-foot elevation line, north of the 174-

foot elevation point, section 52, T3S, 

R3W (Dundee Quadrangle); then 

(7) Proceed southwesterly for about 

2.1 miles along the meandering 200-foot 

elevation line to Lafayette Cemetery on 

the Carlton map in section 1, T4S, R4W, 

and turning northerly along the 200-foot 

elevation line, continue along the 

elevation line for about 6 miles, crossing 

to and from the Dundee map, to the 200-

foot elevation line’s intersection with 

Stag Hollow Road, north of Hendricks 

Road and 190-foot elevation point, 

section 24, T3S, R4W (Carlton 

Quadrangle); then 

(8) Continue westerly along the 

meandering 200-foot elevation line, 

turning northeasterly as the elevation 

line passes through the Carlton Lakes 

State Wildlife Refuge, then westerly as 

the elevation line crosses Stag Hollow 

Creek in section 47, T3S, R4W, then 

southerly as the elevation line crosses 

the North Yamhill River on the Fairdale 

map in section 43, T2S, R5W, then, 

returning to the Carlton map, continue 

southerly on the 200-foot elevation line 

to its intersection with Meadow Lake 

Road near the southwest corner of 

section 55, T3S, R4W (Carlton 

Quadrangle); 

(9) Continue westerly along the 

meandering 200-foot elevation line, 

crossing onto the Fairdale map, to the 

elevation line’s intersection with the 

123°17′30′′ longitude line (north of 

Panther Creek) in the western extension 

of section 22, T3S, R5W (Fairdale 

Quadrangle); then

(10) Proceed 0.2 mile straight south 

along the 123°17′30′′ longitude line, 

crossing Panther Creek, to the line’s 

intersection with the 200-foot elevation 

line south of the creek in the western 

extension of section 22, T3S, R5W 

(Fairdale Quadrangle); then 

(11) Proceed easterly and then 

southeasterly along the meandering 200-

foot elevation line, crossing onto the 

Carlton map, then the McMinnville 

map, to the elevation line’s third 

intersection with an unnamed light-duty 

road, southwest of the Henderson 

Benchmark in section 87, T4S, R4W 

(McMinnville Quadrangle); 

(12) Continue southerly and then 

westerly along the meandering 200-foot 

elevation line, crossing onto the Muddy 

Valley map, to the elevation line’s 

intersection with Baker Creek Road 

(very near Baker Creek Road’s 

intersection with High Heaven Road) in 

section 54, T4S, R5W (Muddy Valley 

Quadrangle); then 

(13) Proceed west-southwest for 0.8 

mile on Baker Creek Road to its 

intersection with the 123°17′30′′

longitude line in Happy Valley, section 

54, T4S, R5W (Muddy Valley 

Quadrangle); then 

(14) Proceed straight north 13.4 miles 

on the 123°17′30′′ longitude line, 

passing through the Fairdale map and 

crossing onto the Turner Creek map, to 

the longitude line’s intersection with 

the 1,000-foot elevation line in the 

northwestern quadrant of section 10, 

T2S, R5W, approximately one mile 

diagonally northwest of the footbridge 

in Menefee Park (Turner Creek 

Quadrangle); then 

(15) Proceed easterly and then 

northerly for 4.1 miles along the 

meandering 1,000-foot elevation line to 

its intersection with the WashingtonYamhill County line at northern 

boundary of section 3, T2S, R5W (also 

the common T1S/T2S boundary line) 

(Turner Creek Quadrangle); then 

(16) Proceed straight east 3.9 miles 

along the Washington-Yamhill County 

line, crossing onto the Gaston map, to 

the county line’s intersection with 

South Road, just east of Mt. Richmond 

Road, section 60, T2S, R4W (Gaston 

Quadrangle); then 

(17) Proceed east-northeast for 1.8 

miles on South Road to its intersection 

with the 200-foot elevation line, 0.3 

mile west of the Gaging Station, section 

34, T1S, R4W (Gaston Quadrangle); then 

(18) Proceed easterly 1.9 miles along 

the 200-foot elevation line and return to 

the beginning point within the village of 

Gaston.

Signed: November 1, 2004. 

Arthur J. Libertucci, 

Administrator.

Approved: November 18, 2004. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy).

[FR Doc. 04–27016 Filed 12–8–04; 8:45 am] 

BILLING CODE 4810–31–P

PANAMA CANAL COMMISSION

35 CFR Chapter I 

Panama Canal Regulations 

Vacation of Title 

Editorial Note: Under section 121 of 

Public Law 108–309, the Panama Canal 

Commission (PCC) and its Office of 

Transition Administration (OTA) 

terminated on October 1, 2004. A letter 

from the General Attorney for the PCC 

OTA to the Office of the Federal 

Register has confirmed that PCC 

regulations should be removed from the 

Code of Federal Regulations (CFR). 

Therefore, the Director of the Federal 

Register, pursuant to his authority to 

maintain an orderly system of 

codification under 44 U.S.C. 1510 and 1 

CFR 8.2 hereby removes from the CFR, 

Title 35, Chapter I consisting of Parts 1 

to 299. 

Accordingly, Title 35 of the Code of 

Federal Regulations is hereby vacated. 

[FR Doc. 04–55526 Filed 12–8–04; 8:45 am] 

BILLING CODE 1505–01–D

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R05–OAR–2004–MN–0002; FRL–7846–7] 

Approval and Promulgation of 

Implementation Plans: Minnesota: 

Minneapolis-St. Paul Carbon Monoxide 

Maintenance Plan Update

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a revision to 

the Minnesota State Implementation 

Plan (SIP) for the maintenance of the 

Carbon Monoxide (CO) ambient air 

quality standards (NAAQS) submitted 

on November 10, 2004. Specifically, 

EPA is approving Minnesota’s revised 

1996 and 2009 CO emissions 

inventories and 2009 Motor Vehicle 

Emissions Budgets (MVEB) recalculated 

using MOBILE6 for the Minneapolis-St. 

Paul CO maintenance area.

DATES: This rule is effective on January 

24, 2005, unless EPA receives relevant 

adverse written comments by January 

10, 2005. If adverse comment is 

received, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Docket ID No. R05–OAR–

2004–MN–0002 by one of the following 

methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

E-mail: bortzer.jay@epa.gov.

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: J. Elmer Bortzer, Chief, 

Air Programs Branch (AR–18J),