[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)] [Rules and Regulations] [Pages 537-540] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-147] [[Page Unknown]] [Federal Register: January 5, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco and Firearms 27 CFR Part 9 [T.D. ATF-352; RE: Notice No. 781] RIN 1512-AA07 Lake Wisconsin Viticultural Area (92F-017P) AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury. ACTION: Final rule, Treasury decision. ----------------------------------------------------------------------- SUMMARY: This final rule establishes a viticultural area in Columbia and Dane Counties, Wisconsin, to be known as Lake Wisconsin. The petition was submitted by Mr. Charles W. Dean, Viticultural Area Consultant, on behalf of Wollersheim Winery located near Prairie-du- Sac, Wisconsin. The establishment of viticultural areas and the subsequent use of viticultural area names as appellations of origin in wine labeling and advertising will help consumers better identify the wines they may purchase, and will help winemakers distinguish their products from wines made in other areas. EFFECTIVE DATE: February 4, 1994. FOR FURTHER INFORMATION CONTACT: Robert White, Wine and Beer Branch, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW., Washington, DC 20226, (202-927-8230). SUPPLEMENTARY INFORMATION: Background On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR 37672, 54624) revising regulations in 27 CFR part 4. These regulations allow the establishment of definite American viticultural areas. The regulations also allow the name of an approved viticultural area to be used as an appellation of origin in the labeling and advertising of wine. On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR 56692) which added a new part 9 to 27 CFR, providing for the listing of American viticultural areas. Section 4.25a(e)(l), title 27, CFR, defines an American viticultural area as a delimited grape-growing region distinguishable by geographical features, the boundaries of which have been delineated in subpart C of part 9. Section 4.25a(e)(2) outlines the procedure for proposing an American viticultural area. Any interested person may petition ATF to establish a grape-growing region as a viticultural area. The petition should include: (a) Evidence that the name of the proposed viticultural area is locally and/or nationally known as referring to the area specified in the petition; (b) Historical or current evidence that the boundaries of the viticultural area are as specified in the petition; (c) Evidence relating to the geographical characteristics (climate, soil, elevation, physical features, etc.) which distinguish the viticultural features of the proposed area from surrounding areas; (d) A description of the specific boundaries of the viticultural area, based on features which can be found on United States Geological Survey (U.S.G.S.) maps of the largest applicable scale; and (e) A copy of the appropriate U.S.G.S. map(s) with the proposed boundaries prominently marked. Petition ATF received a petition from Mr. Charles W. Dean, Viticultural Area Consultant, on behalf of Robert P. Wollersheim and JoAnn I. Wollersheim, proprietors and landowners of Wollersheim Winery near Prairie-du-Sac, Wisconsin, to establish a viticultural area in south- central Wisconsin to be known as ``Lake Wisconsin.'' The viticultural area is bounded by the shoreline of Lake Wisconsin and the Wisconsin River on the north and west. Wollersheim Winery is the sole winery located in the 28,000 acre viticultural area and there are currently twenty-three acres planted to wine grapes. Notice of Proposed Rulemaking In response to Mr. Wollersheim's petition, ATF published a notice of proposed rulemaking, Notice No. 781, in the Federal Register on September 24, 1993 (58 FR 49949), proposing the establishment of the Lake Wisconsin viticultural area. The notice requested comments from all interested persons by October 25, 1993. Comments to Notice of Proposed Rulemaking Seven comments were received concerning the proposal to establish the Lake Wisconsin viticultural area. All seven commenters stated that they fully support the proposed area as delineated in Notice No. 781. One of the commenters was under the mistaken impression that this area had been proposed to be called the Roxbury Viticultural District. However, despite the misunderstanding about the name, this commenter stated in his letter that he heartily supports the establishment of a new viticultural area in this part of Wisconsin which includes the Wollersheim Winery. Viticultural Area Name The place-name ``Lake Wisconsin'' was first used ca. 1917 to describe a widened section of the Wisconsin River that was submerged when the Baraboo hydroelectric dam was constructed one mile upriver from the town of Prairie-du-Sac. A travel brochure and map produced by the Lake Wisconsin Chamber of Commerce in 1989, entitled Lake Wisconsin Chamber Recreation Area Vacationland, shows various recreational and tourist facilities in the Lake Wisconsin viticultural area. The viticultural area has a long history of wine grape growing and wine making activity. Agoston Haraszthy, an immigrant from Hungary well known as an early pioneer in the American wine industry, first planted wine grapes on Wollersheim Winery property in 1847. Cold winter temperatures frustrated this early attempt to establish grapevines and two years later Haraszthy moved to California. However, wine grape growing and wine making continued in this area until 1900. Because of its role in the early history of Wisconsin, Wollersheim Winery and the adjacent homestead were listed on the National Register of Historic Places in 1976. Evidence of Boundaries The boundaries of the Lake Wisconsin viticultural area are clearly shown on two U.S.G.S. quadrangle maps, Sauk City, Wisc. and Lodi, Wisc. The Sauk City, Wisc. quadrangle map shows the viticultural area to be bounded by the shoreline of Lake Wisconsin and the Wisconsin River on the north and west. The southern boundary is defined by Mack Road and State Highway Y, and the eastern boundary, shown on the Lodi, Wisc. quadrangle map, follows State Highway Y, State Highway 60, State Highway 113, and Spring Creek. The petitioner states that some of the natural boundary features, which closely approximate some of the roads and highways used as boundaries for this viticultural area, can be found on county maps, plat maps and county atlases dating back to 1861. Geographical Features The Wisconsin River (of which Lake Wisconsin is a part) is a major natural feature of the State and of the region. It is the largest river in the State after the Mississippi River, of which it is a major tributary. Roads and highways define the southern boundary of the Lake Wisconsin viticultural area. The landscape of the viticultural area is comprised of discontinuous end moraines interspersed with ground moraines and occasional outwash plains. The landscape outside the southern boundary is of higher elevation and is comprised of rolling, hummocky upland with some outwash material. The eastern boundary, which closely approximates Spring Creek, identifies an area of low relief, continuous and intermittent stream drainage, and marsh. To the east of Spring Creek and outside the viticultural area is a glaciated upland plain where the landscape is generally of higher elevations and comprised of end moraines with little or no outwash material. Topography and Elevation The vineyards in the viticultural area are located at an elevation of 800-900 feet along south and southwest facing slopes of 10-40 percent gradient. This combination of elevation, aspect, and relief contributes to the well-drained quality of the vineyard soils, the free circulation of air in summer and winter, and the locally longer growing season. Outside the viticultural area to the north and west, higher elevations of 900-1,200 feet increase the risk of wind damage to grapevines, or the soils become too shallow for successful grape cultivation where bedrock is nearer the surface or exposed. Outside the viticultural area to the east, elevations between 720 feet (Wisconsin River level) and 800 feet are generally less well drained or are saturated during periods of rainfall or snowmelt. Climate The Lake Wisconsin viticultural area benefits from the microclimate effects of the lower Wisconsin River valley. The river moderates winter temperatures in the viticultural area several degrees higher than areas north and west of the river or further south. Air circulation within the river valley helps prevent cold air accumulation and frost pockets from forming in the vineyards. In summer, the river valley and limestone bluffs along the river's edge serve to channel air currents and increase localized air circulation, protecting the vineyards from mildew and rot in hot, humid weather. The viticultural area has a mean precipitation of twenty-nine inches, one inch less than the average rainfall in the area north and east, three inches less than the average rainfall in the area to the west, and two inches less than the State average. The petitioner describes the viticultural area as an ``island'' of locally below- average rainfall and drier soils conducive to the grapevines concentrating their vigor in ripening fruit. The viticultural area has a growing season of 140-160 days, ten to twenty days longer than across the river to the west and to the north. The additional frost-free period allows the grapes to reach maturity before the onset of winter cold. Soil The Wisconsin River forms an approximate dividing line between the glaciated and unglaciated regions of south-central Wisconsin. Soils primarily of glacial till and outwash material are found east of the river valley and characterize the soils in the viticultural area. The unglaciated ``driftless'' soils west of the valley result from significant differences in soil parent materials, microrelief, and drainage. The soils that support viticulture within the viticultural area are Typic Hapludalfs of mixed mineral material and silty or loamy texture. All are underlain by gravelly or sandy loam glacial till or by dolomitic bedrock. The soils are typically well drained and about 36-60 inches deep on slopes and rolling areas of 2-45 percent gradient. The soils outside the viticultural area to the north and west are predominately unglaciated, and so are not underlain by glacial till and contain less outwash material. The soils outside the area to the south and east, although glacially derived, are found on topography of rolling upland with fewer limestone outcrops and no outwash plains. The soils there have formed on slightly higher elevations over discontinuous end and ground moraines. Viticultural Area Boundary The boundary of the Lake Wisconsin viticultural area may be found on two United States Geological Survey (U.S.G.S.) maps with a scale of 1:24,000. The boundary is described in Sec. 9.146. Executive Order 12866 It has been determined that this rule is not a significant regulatory action, because (1) It will not have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in Executive Order 12866. Regulatory Flexibility Act It is hereby certified that this regulation will not have a significant economic impact on a substantial number of small entities. The establishment of a viticultural area is neither an endorsement nor approval by ATF of the quality of wine produced in the area, but rather an identification of an area that is distinct from surrounding areas. This process merely allows wineries to more accurately describe the origin of their wines to the consumers, and helps consumers identify the wines they purchase. Designation of a viticultural area itself has no significant economic impact because any commercial advantage can come only from consumer acceptance of wines made from grapes grown within the area. In addition, no new recordkeeping or reporting requirements are imposed. Accordingly, a regulatory flexibility analysis is not required. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1980, Public Law 96-511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR Part 1320, do not apply to this final rule because no requirement to collect information is imposed. Drafting Information The principal author of this document is Robert White, Wine and Beer Branch, Bureau of Alcohol, Tobacco and Firearms. List of Subjects in 27 CFR Part 9 Administrative practice and procedure, Consumer protection, Viticultural areas, and Wine. Authority and Issuance Accordingly, Title 27, Code of Federal Regulations, part 9, American Viticultural Areas, is amended as follows: PART 9--AMERICAN VITICULTURAL AREAS Paragraph 1. The authority citation for part 9 continues to read as follows: Authority: 27 U.S.C. 205. Par. 2. Subpart C is amended by adding Sec. 9.146 to read as follows: Subpart C--Approved American Viticultural Areas Sec. 9.146 Lake Wisconsin. (a) Name. The name of the viticultural area described in this section is ``Lake Wisconsin.'' (b) Approved maps. The appropriate maps for determining the boundary of the ``Lake Wisconsin'' viticultural area are two U.S.G.S. 7.5 minute series topographical maps of the 1:24,000 scale. They are titled: (1) ``Sauk City, Wis.,'' 1975; and (2) ``Lodi, Wis.,'' 1975. (c) Boundary. The Lake Wisconsin viticultural area is located in Columbia and Dane Counties, Wisconsin. The boundary is as follows: (1) The point of beginning is on the ``Lodi, Wisc.'' U.S.G.S. map in the northeast quarter-section of section 17, Lodi Township, Columbia County, where Spring Creek enters Lake Wisconsin; (2) From the point of beginning, follow the southern shoreline of Lake Wisconsin northwest to where Lake Wisconsin narrows and becomes the Wisconsin River on the map, in the vicinity of the town of Merrimac, Sauk County; (3) Then continue along the southern shoreline of the Wisconsin River, west and south past Goose Egg Hill, Columbia County, on the ``Sauk City, Wisc.'' quadrangle map, and then west to a southwest bend in the shoreline opposite Wiegands Bay, Sauk County, where the Wisconsin River becomes Lake Wisconsin again on the map; (4) Then southwest and south along the eastern shoreline of Lake Wisconsin, to the powerplant that defines where Lake Wisconsin ends and the Wisconsin River begins again; (5) Then continuing south along the Wisconsin River shoreline to where it intersects with U.S. Highway 12 opposite Sauk City, Sauk County; (6) Then in a southeasterly direction on U.S. Highway 12 to the intersection at State Highway 188, just over one-half a mile; (7) Then in a northeasterly direction about 1,000 feet on State Highway 188, to the intersection of Mack Road; (8) Then east on Mack Road to the intersection of State Highway Y, about 3 miles; (9) Then follow State Highway Y in a generally northeasterly direction onto the ``Lodi, Wisc.'' quadrangle map and continue in a northeasterly direction to the intersection with State Highway 60; (10) Then in a northeasterly direction on State Highway 60 to the intersection with State Highway 113 in the town of Lodi; (11) Then in a northwesterly direction on State Highway 113 to where it crosses Spring Creek the second time just before Chrislaw Road; (12) Then follow Spring Creek in a northwesterly direction to where it enters Lake Wisconsin, the point of beginning. Dated: November 24, 1993. Daniel R. Black, Acting Director. Approved: December 17, 1993. John P. Simpson, Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement). [FR Doc. 94-147 Filed 1-4-94; 8:45 am] BILLING CODE 4810-31-U