[Federal Register Volume 66, Number 94 (Tuesday, May 15, 2001)]
[Rules and Regulations]
[Pages 26789-26791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12161]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[T.D. ATF-453 ; RE: Notice No. 905]
RIN 1512-AA07
Long Island Viticultural Area (2000R-219P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.
ACTION: Final Rule, Treasury decision.
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SUMMARY: This final rule establishes a viticultural area to be known as
``Long Island,'' located in Nassau and Suffolk counties, New York. This
action is the result of a petition filed by Richard Olsen-Harbich on
behalf of Raphael Winery, the Petrocelli Family, and Karen Meredith of
Broadfields Vineyards.
The establishment of viticultural areas and the subsequent use of
viticultural area names as appellations of origin in wine labeling and
advertising allow wineries to designate the specific areas where the
grapes used to make the wine were grown. This enables consumers to
better identify the wines they may purchase.
EFFECTIVE DATE: July 16, 2001.
FOR FURTHER INFORMATION CONTACT: Lisa M. Gesser, Regulations Division,
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW.,
Washington, DC 20226 (202-927-9347).
SUPPLEMENTARY INFORMATION:
1. Background on Viticultural Areas
What Is ATF's Authority To Establish a Viticultural Area?
ATF published Treasury Decision ATF-53 (43 FR 37672, 54624) on
August 23, 1978. This decision revised the regulations in 27 CFR part
4, Labeling and Advertising of Wine, to allow the establishment of
definitive viticultural areas. The regulations 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, American Viticultural
Areas, for providing the listing of approved American viticultural
areas, the names of which may be used as appellations of origin.
ATF does not wish to give the impression by approving the Long
Island viticultural area that it is approving or endorsing the quality
of wine from this area. ATF is approving this area as being distinct
from surrounding areas, not better than other areas. By approving this
area, ATF will allow wine producers to claim a distinction on labels
and advertisements as to origin of the grapes. Any commercial advantage
gained can only come from consumer acceptance of wines from Long
Island.
What Is the Definition of an American Viticultural Area?
27 CFR 4.25a(e)(1), defines an American viticultural area as a
delimited grape-growing region distinguishable by geographical
features. Viticultural features such as soil, climate, elevation,
topography, etc., distinguish it from surrounding areas.
What Is Required To Establish a Viticultural Area?
Any interested person may petition ATF to establish a grape-growing
region as a viticultural area. The petition should include:
Evidence that the name of the proposed viticultural area
is locally and/or nationally known as referring to the area specified
in the petition;
Historical or current evidence that the boundaries of the
viticultural area are as specified in the petition;
Evidence relating to the geographical features (climate,
soil, elevation, physical features, etc.) which distinguish the
viticultural features of the proposed area from surrounding areas;
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
A copy of the appropriate U.S.G.S. map(s) with the
boundaries prominently marked.
2. Long Island Petition
ATF received a petition from Richard Olsen-Harbich on behalf of
Raphael Winery, the Petrocelli Family, and Karen Meredith of
Broadfields Vineyards, proposing to establish a viticultural area in
Nassau and Suffolk counties, New York, to be known as ``Long Island.''
This viticultural area
[[Page 26790]]
encompasses the two existing appellations, ``The Hamptons, Long
Island'' and ``North Fork of Long Island,'' as described in 27 CFR
9.101 and 9.113, as well as the remaining areas of Nassau and Suffolk
counties, New York. The Long Island viticultural area does not include
Kings County (Brooklyn) or Queens County, New York.
The Long Island viticultural area encompasses approximately 1,170
square miles or 749,146 acres. Over 2,500 acres of vineyards are
currently planted in the viticultural area and the area presently
boasts thirty-eight vineyard and/or winery businesses.
Notice of Proposed Rulemaking
In response to the petition, ATF published a notice of proposed
rulemaking, Notice No. 905, in the Federal Register on November 6,
2000, (65 FR 66518), proposing the establishment of the Long Island
viticultural area. The notice requested comments from interested
persons by January 5, 2001.
Comments on Notice of Proposed Rulemaking
Seven comments were received as a result of Notice No. 905,
including a comment from United States Senator Charles E. Schumer, and
a comment from several Members of the Assembly from the State of New
York. All of the comments fully supported the establishment of the Long
Island viticultural area. Senator Schumer emphasizes his support by
stating ``no other region in the Eastern United States has the quality
of soil, length of growing season, moderate winter temperatures, and
necessary amount of natural precipitation as Long Island.''
What Name Evidence Has Been Provided?
The petitioner offered the following as evidence that the name
``Long Island'' refers to the area. The name ``Long Island'' has been
in continuous use from 1616 to the present to represent the island on
which the viticultural area is located. However, the Long Island Travel
Guide (1997) states that the name ``Long Island'' is commonly known to
mean Nassau and Suffolk counties exclusively. Also, the 1999 Long
Island Almanac (33rd ed.) covers Nassau and Suffolk counties only.
The Bell Atlantic White Pages lists approximately 1,150 business
telephone listings in Suffolk and Nassau counties using the term ``Long
Island.'' By comparison, the White Pages in Brooklyn and Queens reflect
almost no usage of the term ``Long Island'' to describe businesses
located there. In addition, the petitioner submitted, as evidence,
several maps, newspaper, and magazine articles which refer to the area
as ``Long Island.''
What Boundary Evidence Has Been Provided?
The petitioner has submitted, as boundary evidence, the following
maps on which the name ``Long Island'' prominently appears:
1. U.S.G.S. Map (New York, N.Y.; N.J.; Conn. 1960 (revised 1979));
2. U.S.G.S. Map (Hartford, Conn.; N.Y.; N.J.; Mass. 1962 (revised
1975)); and
3. U.S.G.S. Map (Providence, R.I.; Mass.; Conn.; N.Y. 1947 (revised
1969)).
The Long Island viticultural area is located on the eastern part of
Long Island, New York. The area is surrounded by the Queens County line
on the west, Long Island Sound to the north, the Atlantic Ocean to the
south and Block Island Sound and Fishers Island Sound to the east.
Long Island, New York, has four counties: Kings (commonly known as
Brooklyn), Queens, Nassau, and Suffolk. The petitioner contends that
the appropriate western boundary for the viticultural area is the
Queens County line because Kings and Queens counties are not suitable
for viticultural purposes. Commercial farms no longer exist in Kings or
Queens counties; these counties are densely populated urban areas. In
addition, the name ``Long Island'' is used in common parlance to refer
to the Nassau and Suffolk counties exclusively.
What Evidence Relating to Geographical Features Has Been Provided?
Soil:
The record demonstrates that the soils of the Long Island
viticultural area are glacial in origin. In general, the soils of the
viticultural area contain a greater percentage of sand and gravel and a
lower percentage of silt, loam and clay than in the soil associations
and series found in bordering areas. Soils in the Long Island
viticultural area lack any real percentage of natural limestone when
compared to surrounding regions. The soils of the viticultural area are
more acidic and make an agricultural liming program indispensable to
any vineyard operation. Because of this factor, the soils of the
viticultural area are also slightly lower in natural fertility and
water-holding capacity than neighboring areas. According to the
petitioner, this difference in soil types leads to a very unique and
distinct ``terroir'' for the Long Island viticultural area---sandy
loams will warm up faster, drain better, and allow deeper root
penetration than soils in bordering areas, which contain greater
amounts of silt, clay and rock.
The soils of the Long Island viticultural area are fairly uniform
in that they are predominately glacial till and glacial outwash in
nature, are very low in organic matter, and contain few, if any, large
mineral deposits or exposed rock formations. Many of the soil series
including the Wallington, Sudbury, Scio, Montauk, Plymouth and
Riverhead Soil Series are common throughout the entire viticultural
area.
One of the most distinctive features of the Long Island
viticultural area is the vast quantity of sandy loam soil deposited
during the Pleistocene Epoch of the Quarternary Period. This soil was
deposited during the last four major glacial stages of this Epoch. From
oldest to youngest they are: Nebraskan, Kansan, Illoian, and Wisconsin.
Because of this, the area between the surface soil and bedrock areas is
several hundred feet.
By contrast, the nearest surface bedrock begins near the Queens
County line. Some areas of Queens show exposed bedrock formations while
the bedrock layer in the Long Island viticultural area can be as much
as 500 feet below the surface. For this reason, the soils found in
Queens County are much shallower than the typical soils found in the
viticultural area and are not suitable for growing grapes. In addition,
Queens County, which is considered part of New York City, is completely
urbanized and contains essentially no agricultural land. Most of the
soil series now identified in Queens are known as anthropgenic soils.
These soils are described as having properties that are dominantly
derived from human activities. Out of the 30 soil types found in the
region of Queens County, only three are also found in the Long Island
viticultural area.
Topography and Terrain:
Evidence submitted by the petitioner shows that the Long Island
viticultural area is unique from its bordering regions in that it lacks
any real undulations, rock outcrops or muckland areas. By contrast, the
Highland Basin, located immediately to the west-northwest of the Long
Island viticultural area and encompassing the areas of northern New
Jersey, the Hudson Highlands region of southern New York (including
Manhattan, Westchester, the Bronx, and parts of Brooklyn and Staten
Island), and upland parts of Connecticut, is a rugged, hilly-to-
mountainous terrain. Similarly, the Newark and Atlantic Basins, located
directly to the northeast and southwest of the viticultural area,
[[Page 26791]]
contain characteristic sedimentary sandstones and mudrocks that usually
bear a red or brownish appearance from an abundance of iron oxide
minerals (hematite and limonite). None of these geologic formations
exist in the Long Island viticultural area.
Climate:
There is evidence in the record showing that the moderating
influence of the Long Island viticultural area's surrounding water is
evident in the temperature data. In terms of average temperatures, the
viticultural area shows the highest average annual winter temperature
compared to the surrounding areas. The Long Island viticultural area's
average low temperature over thirty years is 43.5 degrees Fahrenheit
(43.5 deg.F), 2.5 deg.F warmer than the area of Westchester County and
downstate New York, and 2.2 deg.F warmer annually than the average from
New Jersey. The Long Island viticultural area is also over 4 deg.F
warmer on average than Connecticut.
The Long Island viticultural area also has the least extreme winter
low temperatures than its surrounding areas with the lowest average
being -5.67 deg.F. New Jersey was 1.63 deg.F colder at -7.3 deg.F.
Westchester/Downstate New York and Connecticut were seen to have winter
low temperatures considerably colder than the Long Island viticultural
area. Connecticut can experience temperatures as low as -13.5 deg.F
which is 7.83 deg.F colder than the Long Island viticultural area.
Westchester/Downstate New York proved to be the coldest with low
temperatures reaching -15.3 deg.F in some years which is 9.63 deg.F
colder than the Long Island viticultural area.
Based on the standard University of California at Davis (UCD)
temperature summation definition of climatic regions or zones, the Long
Island viticultural area would appear to fall into high Region II (less
than 3,000 degree days). Connecticut on the average is a borderline
Region II with some years having Region I (less than 2,500 degree days)
conditions. New Jersey is solidly classified as a Region III (less than
3,500 degree days), with some locations approaching Region IV (less
than 4000 degree days) status in warmer years. The Long Island
viticultural area historically has an average of 166 more degree-days
than Westchester/Downstate NY and as much as 324 more degree-days than
Connecticut.
On average, the Long Island viticultural area experiences 204
frost-free days during the growing season. This is 31 days longer than
New Jersey, 37 days longer than Westchester/Downstate NY and as much as
50 days longer than the Connecticut average. The Long Island
viticultural area can therefore have as much as four to seven weeks
more growing season than any of the surrounding land masses.
On an average annual basis, the Long Island viticultural area has
the lowest levels of precipitation of all the surrounding areas with 42
inches annually. The annual difference is 3.4 inches less than
Westchester/Downstate NY, 3.8 inches less than New Jersey and 4.1
inches less than Connecticut. The reason for this difference is
attributed to the moderating influence of Long Island Sound waters.
3. Regulatory Analyses and Notices
Is This a Significant Regulatory Action as Defined by Executive Order
12866?
It has been determined that this final rule is not a significant
regulatory action as defined in Executive Order 12866. Accordingly,
this final rule is not subject to the analysis required by this
Executive Order.
How Does the Regulatory Flexibility Act Apply to This Proposed Rule?
It is hereby certified that this regulation will not have a
significant economic impact on a substantial number of small entities.
Any benefit derived from the use of a viticultural area name is the
result of the proprietor's own efforts and consumer acceptance of wines
from a particular area. No new requirements are imposed. Accordingly, a
regulatory flexibility analysis is not required.
Does the Paperwork Reduction Act Apply to This Proposed Rule?
The Paperwork Reduction Act of 1995, 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.
4. Drafting Information
The principal author of this document is Lisa M. Gesser,
Regulations Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 9
Administrative practices and procedures, Consumer protection,
Viticultural areas, and Wine.
Authority and Issuance
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.
Subpart C--Approved American Viticultural Areas
Par. 2. Subpart C is amended by adding Sec. 9.170 to read as
follows:
Sec. 9.170 Long Island
(a) Name. The name of the viticultural area described in this
section is ``Long Island.''
(b) Approved Maps. The appropriate maps for determining the
boundary of the Long Island viticultural area are three United States
Geological Survey (U.S.G.S.) topographic maps (Scale: 1:250,000). They
are titled:
(1) ``New York, N.Y.; N.J.; Conn.,'' 1960 (revised 1979);
(2) ``Hartford, Conn.; N.Y.; N.J.; Mass.,'' 1962 (revised 1975);
and
(3) ``Providence, R.I.; Mass.; Conn.; N.Y.,'' 1947 (revised 1969).
(c) Boundaries. The Long Island viticultural area includes
approximately 1,170 square miles or 749,146 acres and is made up of the
counties of Nassau and Suffolk, New York, including all off shore
islands in those counties.
Bradley A. Buckles,
Director.
Approved: April 19, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade
Enforcement).
[FR Doc. 01-12161 Filed 5-14-01; 8:45 am]
BILLING CODE 4810-31-P