[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]
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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.
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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
