Federal Register / Vol. 66, No. 94 / Tuesday, May 15, 2001 / Rules and Regulations 26789

(b) Except as provided in paragraph (c) of

this AD, and notwithstanding the provisions

of section 43.16 of the Federal Aviation

Regulations (14 CFR 43.16), these mandatory

inspections shall be performed only in

accordance with the CF34 Engine

Maintenance Program, Chapter 5–21–00, of

the General Electric Company, CF34 Series

Turbofan Engine Manual, SEI–756.

Alternative Method of Compliance

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Engine

Certification Office (ECO). Operators shall

submit their requests through an appropriate

FAA Principal Maintenance Inspector (PMI),

who may add comments and then send it to

the Manager, ECO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the ECO.

Special Flight Permits

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Continuous Airworthiness Maintenance

Program

(e) FAA-certificated air carriers that have

an approved continuous airworthiness

maintenance program in accordance with the

record keeping requirement of § 121.369(c) of

the Federal Aviation Regulations [14 CFR

121.369(c)] must maintain records of the

mandatory inspections that result from

revising the CF34 Engine Maintenance

Program and the air carrier’s continuous

airworthiness program. Alternately,

certificated air carriers may establish an

approved system of record retention that

provides a method for preservation and

retrieval of the maintenance records that

include the inspections resulting from this

AD, and include the policy and procedures

for implementing this alternate method in the

air carrier’s maintenance manual required by

§ 121.369(c) of the Federal Aviation

Regulations [14 CFR 121.369(c)]; however,

the alternate system must be accepted by the

appropriate PMI and require the maintenance

records be maintained either indefinitely or

until the work is repeated. Records of the

piece-part inspections are not required under

§ 121.380(a)(2)(vi) of the Federal Aviation

Regulations [14 CFR 121.380(a)(2)(vi)]. All

other operators must maintain the records of

mandatory inspections required by the

applicable regulations governing their

operations.

Note 3: The requirements of this AD have

been met when the engine manual changes

are made and air carriers have modified their

continuous airworthiness maintenance plans

to reflect the Engine Maintenance Program

requirements specified in the GE CF34 Series

Turbofan Engine Manual.

This amendment becomes effective on May

30, 2001.

Issued in Burlington, Massachusetts, on

May 7, 2001.

Francis A. Favara,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 01–12005 Filed 5–14–01; 8:45 am]

BILLING CODE 4910–13–U

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.

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

26790 Federal Register / Vol. 66, No. 94 / Tuesday, May 15, 2001 / Rules and Regulations

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,

Federal Register / Vol. 66, No. 94 / Tuesday, May 15, 2001 / Rules and Regulations 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°F), 2.5°F

warmer than the area of Westchester

County and downstate New York, and

2.2°F warmer annually than the average

from New Jersey. The Long Island

viticultural area is also over 4°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°F.

New Jersey was 1.63°F colder at ¥7.3°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°F which

is 7.83°F colder than the Long Island

viticultural area. Westchester/Downstate

New York proved to be the coldest with

low temperatures reaching ¥15.3°F in

some years which is 9.63°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 frostfree 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 § 9.170 to read as follows:

§ 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

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Parts 4022 and 4044

Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets

in Single-Employer Plans; Interest

Assumptions for Valuing and Paying

Benefits

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Final rule.

SUMMARY: The Pension Benefit Guaranty

Corporation’s regulations on Benefits

Payable in Terminated Single-Employer

Plans and Allocation of Assets in

Single-Employer Plans prescribe interest

assumptions for valuing and paying

benefits under terminating singleemployer plans. This final rule amends