[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:
    <bullet> Evidence that the name of the proposed viticultural area 
is locally and/or nationally known as referring to the area specified 
in the petition;
    <bullet> Historical or current evidence that the boundaries of the 
viticultural area are as specified in the petition;
    <bullet> Evidence relating to the geographical features (climate, 
soil, elevation, physical features, etc.) which distinguish the 
viticultural features of the proposed area from surrounding areas;
    <bullet> 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
    <bullet> 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?

    <bullet> 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.
    <bullet> 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.
    <bullet> 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