Lake Wisconsin Viticultural Area (92F-017P)

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