Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70889

under Executive Order 12372, 

Intergovernmental Review of Federal 

Programs. 

Paperwork Reduction Act: This rule 

does not impose any new reporting or 

recordkeeping requirements subject to 

the Paperwork Reduction Act, 44 U.S.C. 

chapter 35. Form DS–2032, which the 

rule references, bears OMB Approval 

No. 1405–0002 and is currently 

approved for use through July 31, 2005.

List of Subjects 

22 CFR Part 122

Arms and munitions, Exports. 

22 CFR Part 129

Arms and munitions, Exports, 

Technical assistance.

■ Accordingly, for the reasons set forth 

above, title 22, chapter I, subchapter M, 

parts 122 and 129 are amended as 

follows:

PART 122—REGISTRATION OF 

MANUFACTURERS AND EXPORTERS

■ 1. The authority citation for part 122 

continues to read as follows:

Authority: Secs. 2 and 38, Pub. L. 90–629, 

90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. 

11958, 42 FR 4311, 1977 Comp. p. 79; 22 

U.S.C. 2658.

■ 2. Section 122.2 is amended to revise 

paragraphs (a) and (c) to read as follows:

§ 122.2 Submission of registration 

statement. 

(a) General. The Department of State 

Form DS–2032 (Statement of 

Registration) and the transmittal letter 

required by paragraph (b) of this section 

must be submitted by an intended 

registrant with a payment (by check or 

money order) payable to the Department 

of State of one of the fees prescribed in 

§ 122.3(a) of this subchapter. Checks 

and money orders must be in U.S. 

currency, and checks must be payable 

through a U.S. financial institution. In 

addition, the Statement of Registration 

and transmittal letter must be signed by 

a senior officer who has been 

empowered by the intended registrant to 

sign such documents. The intended 

registrant also shall submit 

documentation that demonstrates that it 

is incorporated or otherwise authorized 

to do business in the United States. The 

Directorate of Defense Trade Controls 

will notify the registrant if the 

Statement of Registration package is 

incomplete. 

(b) * * *

(c) Definition. For purpose of this 

section, ownership means that more 

than 50 percent of the outstanding 

voting securities of the firm are owned 

by one or more foreign persons. Control

means that one or more foreign persons 

have the authority or ability to establish 

or direct the general policies or day-today operations of the firm. Control is 

presumed to exist where foreign persons 

own 25 percent or more of the 

outstanding voting securities if no U.S. 

persons control an equal or larger 

percentage.

■ 3. Section 122.3 is amended to revise 

paragraph (a) and remove paragraph (c) 

to read as follows:

§ 122.3 Registration fees. 

(a) A person who is required to 

register may do so for a period up to 2 

years upon submission of a completed 

Form DS–2032, transmittal letter, and 

payment of a fee as follows:

1 year ........................................ $1,750.00

2 years ...................................... $3,500.00

* * * * *

PART 129—REGISTRATION AND 

LICENSING OF BROKERS

■ 4. The authority citation for part 129 

continues to read as follows:

Authority: Sec. 38, Pub. L. 104–164, 110 

Stat. 1437, (22 U.S.C. 2778).

■ 5. Section 129.4 is amended to revise 

paragraph (a) to read as follows:

§ 129.4 Registration statement and fees. 

(a) General. The Department of State 

Form DS–2032 (Statement of 

Registration) and a transmittal letter 

meeting the requirements of § 122.2(b) 

of this subchapter must be submitted by 

an intended registrant with a payment 

by check or money order payable to the 

Department of State of one of the fees 

prescribed in § 122.3(a) of this 

subchapter. The Statement of 

Registration and transmittal letter must 

be signed by a senior officer who has 

been empowered by the intended 

registrant to sign such documents. The 

intended registrant also shall submit 

documentation that demonstrates that it 

is incorporated or otherwise authorized 

to do business in the United States.

* * * * *

Dated: November 1, 2004. 

John R. Bolton, 

Under Secretary, Arms Control and 

International Security, Department of State.

[FR Doc. 04–26954 Filed 12–7–04; 8:45 am] 

BILLING CODE 4710–25–P

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9

[TTB T.D.–19; Re: Notice No. 17] 

RIN: 1513–AA75

Establishment of the Southern Oregon 

Viticultural Area (2002R–338P)

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau (TTB), Treasury.

ACTION: Final rule; Treasury decision.

SUMMARY: This Treasury decision 

establishes the Southern Oregon 

viticultural area in portions of Douglas, 

Jackson, and Josephine Counties in 

southwestern Oregon. The established 

Applegate Valley, Rogue Valley, and 

Umpqua Valley viticultural areas are 

within boundaries of the Southern 

Oregon 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: This rule is effective 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 

70890 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

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. 

Southern Oregon Petition 

General Background 

In 2002, we received a petition from 

H. Earl Jones, a winemaker, and Dr. 

Gregory V. Jones, an associate professor 

of geography, requesting establishment 

of the ‘‘Southern Oregon’’ viticultural 

area. Located between the Coast Range 

and the Cascade Mountains, the 

Southern Oregon viticultural area covers 

portions of Douglas, Jackson, and 

Josephine Counties in southwestern 

Oregon. Beginning about 25 miles south 

of Eugene, the boundary area extends 

125 miles south to the Oregon-California 

border. At its widest point the 

viticultural area is about 60 miles 

across. 

The Southern Oregon viticultural 

area’s boundary encompasses 

approximately 2,001,430 acres and 

includes the communities of Sutherlin, 

Roseburg, Grants Pass, Medford, and 

Ashland, Oregon. There are 

approximately 120 vineyards, with more 

than 3,000 acres planted to a wide range 

of vinifera grapes, and 17 commercial 

wineries within the area as of the 2002 

petition filing. Both warm and cool 

climate wine grape varietals are 

successfully grown in the region. 

The Southern Oregon viticultural area 

encompasses the established Umpqua 

Valley (27 CFR 9.89) and Rogue Valley 

(27 CFR 9.132) viticultural areas. A 

third established viticultural area, 

Applegate Valley (27 CFR 9.165), is 

entirely within the Rogue Valley area. 

TTB emphasizes that the boundaries 

and name usage of these three 

viticultural areas are not affected by the 

approval of the larger, encompassing 

Southern Oregon viticultural area. 

The Southern Oregon viticultural area 

contains a series of high intermountain 

valleys that share a warm, sunny, arid 

climate and contain old, complex soils 

derived from bedrock. The warm 

Southern Oregon viticultural area is 

distinguishable from the cooler 

Willamette Valley to the north, the 

Pacific coastal regions to the west, and 

the region east of the Cascade 

Mountains.

Below, we summarize the information 

and evidence presented in the 2002 

Southern Oregon petition. 

Viticultural History 

Historically, grapes have been grown 

in the Southern Oregon viticultural area 

since 1852, when Peter Britt operated a 

winery in Jacksonville, Oregon, that 

produced wine for local miners. Shortly 

thereafter, Jesse Applegate planted 1,200 

grape vines in Umpqua, Oregon. 

Modern day viticulture began in 1959, 

when Richard Summers founded 

Hillcrest Vineyard and produced 230 

gallons of Riesling. The early 1970s saw 

the establishment of vineyards in the 

Umpqua and Rogue valleys by the 

Henry Estate Winery, Girardet Wine 

Cellars, and the Valley View Winery. 

Wine grape plantings have increased to 

3,000 acres. 

Name Evidence 

The Encyclopedia of Oregon defines 

‘‘Southern Oregon’’ as ‘‘extending from 

the Calapooya Mountains southward to 

the [California] State line between the 

Cascades and the Coast Range.’’

Geographical references to Southern 

Oregon are found in multiple business 

page listings in the telephone books of 

Douglas, Jackson, and Josephine 

Counties. East of the Southern Oregon 

boundary area, the Klamath Falls and 

Lakeview community telephone books 

indicate that that region is known as 

Central Oregon. The American 

Automobile Association map of Oregon 

labels the regions surrounding the 

Southern Oregon area as the Willamette 

Valley (north), the Cascade Range (east), 

the State of California (south), and the 

Coast Range (west), which meets the 

Pacific Ocean to define the Oregon 

coastline. 

Wine industry publications, including 

the Wine Business Monthly and 

Northwest Palate magazines, refer to 

wine grape production in Jackson, 

Josephine, and Douglas Counties as 

‘‘Southern Oregon.’’ Wine industry 

members in the area believe that a 

‘‘Southern Oregon’’ appellation will 

have more relevance to consumers since 

it accurately describes the origin of the 

area’s wines and helps distinguish them 

from Oregon’s Willamette Valley wines, 

which are significantly different. 

Boundary Evidence 

The Southern Oregon viticultural area 

boundaries are based on a combination 

of climate, terrain, and soil factors that 

contrast with the nearby Willamette 

Valley, the Pacific coastal area, and 

Eastern Oregon region. The boundaries 

encompass three established viticultural 

areas (Umpqua Valley, Rogue Valley, 

and Applegate Valley) and a connecting 

valley corridor of similar viticultural 

potential. The boundaries of the three 

viticultural areas are well established 

and clearly documented in 27 CFR part 

9, and there will be no changes to their 

boundaries. 

The 12- by 17-mile north-south 

corridor in Douglas County connecting 

the Umpqua Valley and Rogue Valley 

viticultural areas has the same physical 

features as the viticultural areas to its 

north and south. A series of township 

and range lines, as noted on USGS 

maps, define the boundaries of the 

connecting corridor, which is roughly 

centered on Interstate 5 between the 

communities of Canyonville and 

Glendale Junction. 

Distinguishing Features 

Topography 

The Southern Oregon area contains a 

varied, mountainous topography with 

vineyards typically situated in high 

mountain valleys. The Coast Range, in 

particular the Klamaths, forms a natural 

barrier to the west. This high mountain 

range barrier prevents marine air from 

freely moving inland to the Southern 

Oregon viticultural area. It also casts a 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70891

rain shadow on the south and east 

regions of the Southern Oregon area. 

To the north, a gap in the Coast Range 

allows cooling Pacific maritime air to 

flow into the Willamette Valley 

viticultural area. This contrast becomes 

more apparent as one travels south from 

the cooler, lower-elevation Willamette 

Valley into the warmer, higher 

elevations of the Southern Oregon area. 

Many vineyards in the Umpqua Valley 

are above 1,000 feet in elevation, and 

those to the south in the Rogue Valley 

are typically at elevations of 1,200 feet 

to 2,000 feet. 

Soils 

The Southern Oregon viticultural area 

soils evolved slowly from ancient rock 

formations, predominantly from the 200 

million year-old Klamath Mountains. 

These ancient mountains, which extend 

from California to the latitude of 

Roseburg, Oregon, are comprised of 

sedimentary rock. Over time, a slow and 

complex geologic process crushed, 

metamorphosed, and modified these 

rock formations. 

The old geology and soils of the 

Southern Oregon viticultural area 

generally contrast with that of the 

surrounding regions beyond the area’s 

boundaries. To the north, the 

Willamette Valley has a more recent 

geologic history. Formed 25 million 

years ago as an extension of the Pacific 

Ocean, or perhaps as multiple 

interconnected bays, the Willamette 

Valley gradually filled with sediments 

and occasional basalt lava flows. The 

glacial Lake Missoula floods also 

deposited silts and sediments in the 

valley. To the west, the Pacific coastal 

zone’s soils are more highly weathered 

and consist of a mix of soils from earlier 

volcanoes and oceanic crust terrains. To 

the east, the Cascade Mountains are 

comprised of mostly young volcanic 

soils, and beyond the Cascades are the 

arid desert and prairie soils of Eastern 

Oregon. 

Temperature 

The Southern Oregon viticultural area 

has the warmest growing conditions in 

the state of Oregon, thus allowing for 

the practice of ‘‘warm climate 

viticulture.’’ This warm growing climate 

impacts the grape varietals grown, 

quality, and harvest dates. Also, growers 

use cooler microclimates within the 

Southern Oregon area to produce some 

‘‘cool climate’’ wine grape varietals. 

The table below shows the growing 

season temperatures in and around the 

Southern Oregon area.

Region and relationship to Southern

Oregon 

Annual 

average 

growing 

season 

degreedays 

Annual 

average 

growing 

temperature 

Southern Oregon 

viticultural area ...... 2,508 61 °F 

Oregon Coast (west) 1,369 56 °F 

Willamette Valley 

(north) .................... 2,034 59 °F 

Eastern Oregon 

(east) ..................... 1,625 55.5 °F 

The Southern Oregon area climate is 

comparatively warmer and drier than 

the Willamette Valley to the north. 

Harvest may start 10 days earlier in 

Southern Oregon for identical varieties, 

such as Pinot Noir and Pinot Gris. The 

coastal region, despite having the 

longest growing season, does not 

accumulate enough heat to ripen most 

grape varieties. It also has high rainfall 

amounts that subject grapes to mildew 

and botrytis. Finally, the Eastern Oregon 

region has a cooler and shorter growing 

season climate due to its elevation and 

distance from the Pacific Ocean. The 

cold winters east of the Cascade Range 

leave vines vulnerable to frost kill, and 

the short growing season is insufficient 

to ripen fruit. 

Rainfall 

The Southern Oregon viticultural area 

receives significantly less rainfall than 

the coastal region to its west and the 

Willamette Valley to its north. Annual 

rainfall averages 35 inches in the Rogue 

Valley and 32 inches in the Umpqua 

Valley. By comparison, the Coast Range, 

and Willamette Valley, average 77 and 

47 inches of annual rainfall, 

respectively, while eastern Oregon 

averages 20 inches of annual 

precipitation. 

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 and 

TTB Finding 

TTB published a notice of proposed 

rulemaking on the establishment of the 

Southern Oregon viticultural area in the 

September 18, 2003, Federal Register as 

Notice No. 17 (68 FR 54696). In that 

notice, we requested comments from all 

interested persons by November 17, 

2003. We received 13 comments in 

response to Notice No. 17. All 

commenters supported the 

establishment of the Southern Oregon 

viticultural area, with most emphasizing 

the area’s distinct climatic and 

geographic features. 

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 ‘‘Southern Oregon’’ viticultural area 

in Douglas, Jackson, and Josephine 

Counties, 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, ‘‘Southern 

Oregon,’’ is recognized as a name of 

viticultural significance. Consequently, 

wine bottlers using ‘‘Southern Oregon’’

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 

70892 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

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 Final Rule

■ 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. Subpart C is amended by adding 

§ 9.179 to read as follows:

§ 9.179 Southern Oregon. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Southern Oregon’’. 

(b) Approved maps. The appropriate 

maps for determining the boundary of 

the Southern Oregon viticultural area 

are two 1:250,000 scale, USGS 

topography maps. They are titled:

(1) Roseburg, Oregon—1958, revised 

1970; and 

(2) Medford, Oregon; California—

1955, revised 1976. 

(c) Boundary. The Southern Oregon 

viticultural area is located entirely 

within Douglas, Jackson, and Josephine 

Counties, Oregon. The beginning point 

is on the Roseburg map at the 

intersection of Interstate Highway 5 and 

the Douglas-Lane County line, T21S, 

R4W. 

(1) From the beginning point, proceed 

north along the Douglas-Lane County 

line approximately 0.5 miles to the 

1,000-foot contour line; then 

(2) Proceed northwest along the 1,000-

foot contour line to the Douglas-Lane 

County line; then west along the County 

line approximately 2.5 miles, returning 

to the 1,000-foot contour line; then in a 

generally westerly direction along the 

1,000-foot contour line to its first 

intersection with the R9W–R10W range 

line; then 

(3) Proceed along the 1,000-foot 

contour line, crossing the R9W–R10W 

range line four more times; then proceed 

south along the R9W–R10W range line 

approximately 2.75 miles to the center 

of the Umpqua River; then along a 

straight line in an easterly direction 

approximately 6.25 miles to the 

intersection of range line R8W–R9W 

with the center of the Umpqua River; 

then south along range line R8W–R9W 

approximately 3.5 miles to its 

intersection with township line T22S–

T23S; then 

(4) Proceed southeast approximately 

8.5 miles along a straight line to the 

intersection of township line T23S–

T24S with range line R7W–R8W; then 

south along the R7W–R8W range line 

approximately 8 miles to its intersection 

with the 1,000-foot contour line; then in 

a southeasterly direction in a straight 

line approximately 3.5 miles toward the 

intersection of township line T25S–

T26S with range line R6W–R7W, but 

stopping short at the 1,000-foot contour 

line; then 

(5) Proceed in a southerly direction 

along the 1,000-foot contour line to the 

intersection of township line T27S–

T28S with range line R7W–R8W; then 

in a southwesterly direction in a straight 

line approximately 3.5 miles toward the 

intersection of township line T28S–

T29S with range line R8W–R9W, but 

stopping short and returning to the 

1,000-foot contour line near the center 

of T28S, R8W; then generally south 

along the 1,000-foot contour line to its 

intersection with township line T29S–

T30S; then 

(6) Proceed east along township line 

T29S–T30S approximately 0.33 mile, 

rejoining the 1,000-foot contour line; 

then in a northerly and eventually a 

southerly direction along the 1,000-foot 

contour line, passing onto the Medford 

map, and past the town of Riddle to 

range line R6W–R7W; then south along 

the R6W–R7W range line approximately 

15 miles to the Josephine-Douglas 

County line; then in a general 

northeasterly direction along the County 

line to its intersection with Interstate 5 

approximately 1.3 miles south of Cow 

Creek ; then 

(7) Proceed southerly and 

southwesterly along southbound 

Interstate 5 to its junction with Wolf 

Creek and then north about 500 feet to 

the Southern Pacific Railway line; then 

westerly and southerly out of the town 

of Wolf Creek along the Southern Pacific 

Railway line to the rail line’s 

intersection with Hugo Road at the town 

of Hugo; then southwesterly along Hugo 

Road to the point where Hugo Road 

crosses Jumpoff Joe Creek; then westerly 

and downstream along that creek to the 

intersection of Jumpoff Joe Creek and 

the Rogue River; then 

(8) Proceed northwesterly and 

downstream along the Rogue River to 

the first point where the Wild and 

Scenic Rogue River designated area 

touches the easterly boundary of the 

Siskiyou National Forest, just south of 

Galice; then 

(9) Proceed in a generally 

southwesterly direction (with many 

diversions) along the easterly border of 

the Siskiyou National Forest to the 42 

degree 0 minute north latitude line; then 

easterly along the latitude line to the 

point where the Siskiyou National 

Forest boundary again crosses into 

Oregon, approximately 1 mile east of 

U.S. Highway 199; then 

(10) Proceed in a generally 

northeasterly direction and then in a 

southeasterly direction (with many 

diversions) along the northern boundary 

of the Siskiyou National Forest to the 

point where the Siskiyou National 

Forest touches the Rogue River National 

Forest at Big Sugarloaf Peak; then 

(11) Proceed in a generally easterly 

direction (with many diversions) along 

the northern border of the Rogue River 

National Forest to the point where the 

Rogue River National Forest intersects 

with Slide Creek approximately 6 miles 

southeast of Ashland; then 

(12) Proceed southeasterly and 

northeasterly along Slide Creek to the 

point where the creek intersects State 

Route 273; then northwesterly along 

State Route 273 to the point where it 

intersects State Highway 66; then 

proceed in an easterly direction 

approximately 5 miles along State Route 

66 to the east line of T39S, R2E; then 

(13) Proceed north along the east line 

of T39S, R2E to the northeast corner of 

T39S, R2E; then westerly approximately 

5 miles along the north line of T39S, 

R2E, to the 2,600 foot contour line; then 

in a northerly direction following the 

2,600 foot counter line across Walker 

Creek and then in a southwesterly 

direction to the point where the 2,600 

foot contour line touches the east line of 

T38S, R1E; then 

(14) Proceed northerly along the east 

line of T38S, R1E, to the northeast 

corner of T38S, R1E; then 

(15) Proceed westerly along the north 

line of T38S, R1E, to the northwest 

corner of T38S, R1E; then 

(16) Proceed northerly along the west 

line of T37S, R1E, to the northwest 

corner of T37S, R1E; then 

(17) Proceed easterly along the north 

lines of T37S, R1E, and T37S, R2E, to 

the southeast corner of T36S, R2E; then 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70893

(18) Proceed northerly along the east 

line of T36S, R2E, to the northeast 

corner of T36S, R2E; then 

(19) Proceed westerly along the north 

line of T36S, R2E, to the northwest 

comer of T36S, R2E; then 

(20) Proceed northerly along the east 

line of T35S, R1E, to the northeast 

comer of T35S, R1E; then 

(21) Proceed westerly along the north 

line of T35S, R1E, to the northwest 

corner of T35S, R1E; then 

(22) Proceed northerly along the east 

line of T34S, R1W, to the northeast 

corner of T34S, R1W; then 

(23) Proceed westerly along the 

common boundary line of T34S–T33S to 

the northwest corner of T34S, R5W; 

then 

(24) Proceed northerly along the west 

line of T33S, R5W, to the JosephineDouglas County line; thence in a 

generally east, northeasterly direction 

along the county line to the intersection 

of R3W–R4W range line; thence north 

along the R3W–R4W range line 

approximately 11.8 miles to the 1,000-

foot contour line just south of State 

Route 227 southeast of the town of Days 

Creek; then 

(25) Proceed in an easterly, westerly, 

and eventually northerly along the 

1,000-foot contour line, crossing to the 

Roseburg map from the Medford map, to 

a point approximately 3.5 miles east of 

Dillard, where the contour line crosses 

Interstate 5 on the Roseburg map; thence 

northeast along Interstate 5 

approximately 0.25 mile, returning to 

the 1,000-foot contour line; thence in a 

generally northeasterly, southeasterly, 

northwesterly, and eventually 

northeasterly along the 1,000-foot 

contour line past the town of Idleyld 

Park to the R2W–R3W range line; then 

(26) Proceed north along range line 

R2W–R3W approximately 1.75 miles to 

the T25S–T26S township line; thence 

west along township line T25S–T26S 

approximately .25 mile, returning to the 

1,000-foot contour line; thence in a 

generally westerly and then a northerly 

direction along the 1,000-foot contour 

line toward the valley of Calapooya 

Creek to the R3W–R4W range line; 

thence north along range line R3W–

R4W approximately 2.25 miles, back to 

the 1,000-foot contour line; then 

(27) Proceed in a westerly and then a 

northerly direction along the 1,000-foot 

contour line to the T23S–T24S 

township line, then east along the 

T23S–T24S township line 

approximately 2.75 miles to the 1,000-

foot contour line; then in a northerly 

direction along the 1,000-foot contour 

line to its intersection with the DouglasLane County line; thence north along 

the county line approximately 0.75 mile 

to the beginning point.

Signed: November 1, 2004. 

Arthur J. Libertucci, 

Administrator.

Dated: November 29, 2004. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy).

[FR Doc. 04–26865 Filed 12–7–04; 8:45 am] 

BILLING CODE 4810–31–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R03–OAR–2004–PA–0003; FRL–7845–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC Requirements for 

Portable Fuel Containers

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). The revisions pertain to new 

requirements to control volatile organic 

compound (VOC) emissions from 

portable fuel containers. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act (CAA).

DATES: This rule is effective on February 

7, 2005 without further notice, unless 

EPA receives adverse written comment 

by January 7, 2005. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–PA–0003 by one of the following 

methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Agency Web site: http://

www.docket.epa.gov/rmepub/ RME, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

C. E-mail: morris.makeba@epa.gov.

D. Mail: R03–OAR–2004–PA–0003, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2004–PA–0003. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http://

www.docket.epa.gov/rmepub/, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through RME, 

regulations.gov or e-mail. The EPA RME 

and the Federal regulations.gov websites 

are an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through RME or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://www.docket.epa.gov/

rmepub/. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of material to be incorporated by 

reference are available at the Air and