Establishment of the Niagara Escarpment Viticultural Area (2004R-589P), 53300-53304 [05-17759]
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations
(7) Two Rock, California Quadrangle,
7.5 Minute Series, edition of 1954;
photorevised 1971;
(8) Sebastopol, California
Quadrangle—Sonoma Co., 7.5 Minute
Series, edition of 1954; photorevised
1980;
(9) Santa Rosa, California
Quadrangle—Sonoma Co., 7.5 Minute
Series, edition of 1954; and
(10) Mark West Springs, California
Quadrangle, 7.5 Minute Series, edition
of 1998, and
(11) Jimtown, California Quadrangle—
Sonoma Co., 7.5 Minute Series, edition
of 1993.
(c) Boundaries. * * *
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*
*
*
*
(8) Proceed southeast along the
Bohemian Highway, crossing over the
Camp Meeker map, to the town of
Freestone, where the highway intersects
at BM 214 with an unnamed mediumduty road (known locally as Bodega
Road, section 12, T6N, R10W, on the
Valley Ford map).
(9) Proceed 0.9 mile northeast on
Bodega Road to its intersection, at BM
486, with Jonvive Road to the north and
an unnamed light duty road to the
south, (known locally as Barnett Valley
Road, T6N, R9W, on the Camp Meeker
map).
(10) Proceed 2.2 miles south, and then
east, on Barnett Valley Road, crossing
over the Valley Ford map, to its
intersection with Burnside Road in
section 17, T6N, R9W, on the Two Rock
map.
(11) Proceed 3.3 miles southeast on
Burnside Road to its intersection with
an unnamed medium duty road at BM
375, T6N, R9W, on the Two Rock map.
(12) Proceed 0.6 mile straight
southeast to an unnamed 610-foot
elevation peak, 1.5 miles southwest of
Canfield School, T6N, R9W, on the Two
Rock map.
(13) Proceed 0.75 mile straight eastsoutheast to an unnamed 641-foot
elevation peak, 1.4 miles southsouthwest of Canfield School, T6N,
R9W, on the Two Rock map.
(14) Proceed 0.85 mile straight
northeast to the intersection with an
unnamed intermittent stream and
Canfield Road; continue 0.3 mile
straight in the same northeast line of
direction to its intersection with the
common boundary of Ranges 8 and 9,
just west of an unnamed unimproved
dirt road, T6N, on the Two Rock map.
(15) Proceed 1.8 miles straight north
along the common Range 8 and 9
boundary line to its intersection with
Blucher Creek, T6N, on the Two Rock
map.
(16) Proceed 1.25 miles generally
northeast along Blucher Creek to its
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intersection with Highway 116, also
known as Gravenstein Highway, in
section 18, T6N, R8W, on the Two Rock
map.
(17) Proceed 0.2 mile straight
southeast along Highway 116 to its
intersection with an unnamed light duty
road to the north in section 18, T6N,
R8W, on the Two Rock map.
(18) Proceed 0.1 mile straight
northwest along the unnamed light duty
road to its intersection with an
unnamed medium-duty road to the east,
(known as Todd Road in section 18,
T6N, R8W, on the Two Rock map).
(19) Proceed 4.8 miles east, north, and
east again along Todd Road, a mediumduty road, crossing over the Sebastopol
map and then passing over U.S.
Highway 101 and continuing straight
east 0.1 mile to Todd Road’s
intersection with Santa Rosa Avenue, a
primary road that is generally parallel to
U.S. Highway 101, in section 2, T6N,
R8W, on the Santa Rosa map.
(20) Proceed 5.8 miles generally north
along Santa Rosa Avenue, which
becomes Mendocino Avenue, to its
intersection with an unnamed
secondary road, known locally as
Bicentennial Way, 0.3 mile northnorthwest of BM 161 on Mendocino
Avenue, section 11, T7N, R8W, on the
Santa Rosa map.
(21) Proceed 2.5 miles straight north,
crossing over the 906-foot elevation
peak in section 35 of the Santa Rosa
map, to its intersection with Mark West
Springs Road and the meandering 280foot elevation in section 26, T8N, R8W,
of the Mark West Springs map.
(22) Proceed 4.8 miles northnorthwest along Mark West Springs
Road, which becomes Porter Creek
Road, to its intersection with Franz
Valley Road, a light-duty road to the
north of Porter Creek Road, in section
12, T8N, R8W, on the Mark West
Springs map.
*
*
*
*
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Signed: July 6, 2005.
John J. Manfreda,
Administrator.
Approved: August 12, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–17758 Filed 9–7–05; 8:45 am]
BILLING CODE 4810–31–P
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–33; Re: Notice No. 33]
RIN 1513–AA97
Establishment of the Niagara
Escarpment Viticultural Area (2004R–
589P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
establishes the Niagara Escarpment
viticultural area in Niagara County, New
York. We designate viticultural areas to
allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase.
DATES: Effective October 11, 2005.
FOR FURTHER INFORMATION CONTACT:
Nancy Sutton, Regulations and
Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 158, Petaluma,
California 94952; telephone (415) 271–
1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide the consumer
with adequate information regarding a
product’s identity and prohibits the use
of misleading information on such
labels. The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region
distinguishable by geographical
features, the boundaries of which have
been recognized and defined in part 9
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of the regulations. These designations
allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographic origin. The establishment of
viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
soils, elevation, and physical features,
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundaries prominently marked.
Niagara Escarpment Petition and
Rulemaking
General Background
Michael Von Heckler of Warm Lake
Estate Vineyard and Winery petitioned
TTB for the establishment of an
American viticultural area to be called
‘‘Niagara Escarpment’’ in Niagara
County, New York. The proposed
18,000-acre viticultural area includes
approximately 400 acres of vineyards.
The proposed boundary area runs in a
narrow 28-mile wide band, starting at
the village of Johnson Creek, traveling
west through the towns of Gasport and
Lockport, and ending at the Niagara
River at Lewiston.
Below, we summarize the evidence
presented in the petition and the
comments received in response to the
notice for public comment.
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Name Evidence
The proposed Niagara Escarpment
viticultural area derives its name from
the Niagara Escarpment, a limestone
ridge that runs for more than 650 miles
through the Great Lakes region. The
Niagara Escarpment forms a geological
horseshoe that begins near Rochester,
New York, and continues west through
southern Ontario, Canada, Lake Huron,
the upper peninsula of Michigan, and
terminates in eastern Wisconsin.
The Niagara Escarpment enters
Niagara County in the east near Johnson
Creek and then runs west through the
middle of the county along State Route
104 to the town of Lewiston. At the west
end of Niagara County, the escarpment
crosses the Niagara River Gorge, and
Niagara Falls is at the head of the gorge.
Excerpts from Government and travel
Internet sites discuss the Niagara
Escarpment in Niagara County. These
include:
• A page on the Institute for Local
Governance and Regional Growth Web
site that discusses how the Niagara
River flows over the Niagara Escarpment
creating Niagara Falls. (See https://
www.regional-institute.buffalo.edu/regi/
natu.html)
• Vintage New York’s Web site states
that the prime vineyard sites in western
New York are ‘‘bordered by the Niagara
River on the west, Lake Ontario on the
north and the Niagara escarpment on
the south.’’ (See https://
www.vintagenewyork.com/regions/
erie.html)
• The Niagara Tourism and
Convention Corporation’s Web site
notes that Niagara Landing Wine
Cellars, a Niagara County winery, is
‘‘located at the base of the Niagara
Escarpment.’’ (See https://www.niagarausa.com/attractions/
niagaralanding.html)
• The Western New York Regional
Information Network’s Town of Cambria
Web site describes the town as an
agricultural town ‘‘divided in the
middle by the Niagara Escarpment.’’
(See https://www.wnyrin.com/c_niag/
welc/juri/juri_cambt)
In addition, a July 26, 2004, Toronto
Star newspaper article on New York
wineries included with the petition
discusses the Niagara Escarpment, and
notes that:
Ontario wine lovers are keenly aware of the
Niagara Escarpment, and ‘‘the Bench’’
creating a special microclimate for grape
growing in Niagara. Well, guess what: It
comes up in New York State on the other
side of the lake, in Lockport, north of
Lewiston.
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Boundary Evidence
The geography of the Niagara
Escarpment defines the boundary of the
proposed viticultural area. The
steepness of the Niagara Escarpment
makes it topographically distinct from
the Ontario Plain, which extends from
the south shore of Lake Ontario to the
base of the escarpment, and the Huron
Plain, which begins at the escarpment’s
crest and extends southward past the
Niagara County line.
The Ontario Plain and the Huron
Plain are relatively flat, with slopes of
less than 20 feet per mile, according to
the Soil Survey of Niagara County, New
York (1972). In contrast, the Niagara
Escarpment has a steep slope of 106 to
317 feet per mile. The southern and
northern boundaries of the proposed
Niagara Escarpment viticultural area
encompass the north-facing slope of the
escarpment between the 600- and 400foot elevation lines. These boundaries
generally delineate the high and low
altitudes of the slope within the
proposed viticultural area boundaries.
The Niagara River, which forms the
international boundary line between the
United States and Canada, also marks
the western boundary of the proposed
viticultural area. The portion of the
Niagara Escarpment that extends west
from the Niagara River, into the
Canadian province of Ontario, is
included in the Niagara Peninsula
viticultural area, as designated by the
Government of Canada.
At the eastern end of Niagara County
a portion of Johnson Creek, south of the
village of the same name, forms the
proposed eastern boundary line. East of
the creek, elevations at the base of the
Niagara Escarpment climb from 400 to
500 feet, and its slope becomes much
narrower and steeper. The changes in
topography east of Johnson Creek make
it less desirable for viticulture.
Therefore, the petitioner did not include
the escarpment area east of Johnson
Creek within the proposed viticultural
area boundaries.
Distinguishing Features
Topography and Soils
The topography and soils of the
proposed viticultural area create distinct
conditions for grape growing as
compared to the surrounding areas. The
Ontario and Huron Plains are nearly flat
with deep soils that can harbor
excessive water and nutrients. In
contrast, the Niagara Escarpment has
shallow soils with poor nutrient
content, and sufficient sloping (2–6
percent) to allow for drainage.
The conditions found in the proposed
Niagara Escarpment viticultural area—
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well drained soils, sufficient sloping, a
steady but moderate water supply, and
restricted mineral content—result in
grapes with superior pigment and flavor
compounds in the resultant wine. On
the other hand, the conditions of the
surrounding areas beyond the proposed
boundaries—poor soil drainage and
high nutrient content—result in grapes
with less pigmentation, diluted flavors,
and a lower quality of wine produced.
As evidence of these soil differences,
the ‘‘Soil Survey of Niagara County,
New York’’ states that the central
portion of Niagara County, along the
escarpment, contains the Hilton-OvidOntario soil association. It describes this
association as ‘‘deep, well-drained to
somewhat poorly drained soil.’’ In
contrast, the survey states that the
Ontario Plain north of the escarpment
contains the Rhinebeck-Ovid-Madalin
association, which has ‘‘deep, somewhat
poorly drained to very poorly drained
soils.’’ The Huron Plain south of the
escarpment contains the OdessaLakemont-Ovid association, which has
‘‘deep, somewhat poorly drained to very
poorly drained soils.’’
Climate
The location of the proposed Niagara
Escarpment viticultural area, in relation
to Lake Ontario, creates a microclimate
conducive to grape growing. The
maritime influence of Lake Ontario on
the Niagara Escarpment allows for
sufficient heat accumulation for the
growing season in what is otherwise a
cool climate. The ‘‘Soil Survey of
Niagara County, New York,’’ notes that
Lake Ontario greatly influences the
climate of Niagara County. The survey
states, ‘‘In fall the lake waters are a
source of heat that reduces cooling at
night and increases the length of [the]
freeze-free growing season.’’
The climatic relationship between
Lake Ontario and the Niagara
Escarpment is discussed in greater
detail in ‘‘Site Selection for Grapes in
the Niagara Peninsula,’’ a publication
issued by the Horticultural Research
Institute of Ontario to assist grape
growers in the Niagara Peninsula of
Canada in selecting the best vineyard
sites. The climate information of the
publication can be applied to the
proposed Niagara Escarpment
viticultural area, which is adjacent to
the Niagara Peninsula and shares Lake
Ontario and the Niagara Escarpment
with the peninsula.
According to the site selection
publication, a unique airflow pattern
affects the land between Lake Ontario
and the crest of the escarpment. While
the land warms quickly on warm days
and cools rapidly on cool nights, the
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lake temperature changes more slowly.
In the spring the lake temperature is
cooler than the temperature of the
adjacent land, while in the fall the lake
is warmer than the land. The lakewarmed air rises and draws cooler air in
from the lakeshore in the fall and
creates offshore breezes. As a result, the
site selection publication states, ‘‘the air
now above the lake is warmed, rises and
flows back over the land, creating a
circular heat-pump effect.’’
In the spring and early summer the
airflow pattern of the lake cools the
adjacent land. Areas within two miles of
the lakeshore can have a two-week
delay in bud break due to the cooling
effect of the lake. Also, daytime
temperatures are often cooler because of
the air currents of the lake. The site
selection publication notes that ‘‘most
grape cultivars require a long, warm
season and fruit quality is sometimes
poor close to the lake because of lower
day temperatures.’’ Conversely, the
proposed Niagara Escarpment
viticultural area, between 6 and 8 miles
from Lake Ontario, experiences little or
no delay in bud break or cooler daytime
temperatures due to the lake influence.
The ‘‘Site Selection for Grapes in the
Niagara Peninsula’’ publication notes:
‘‘The pattern airflow is altered by the
slope of the land. With steep slopes,
cold air drainage is rapid. Flat areas or
depressions tend to accumulate cold air
and become ‘frost pockets.’ ’’ For areas
between the lake and the escarpment,
this airflow pattern minimizes frost
conditions and increases heat
accumulation, thereby extending the
growing season of the proposed Niagara
Escarpment viticultural area. Areas
south of the escarpment do not benefit
from the effect of the airflow pattern and
are more prone to frost damage.
The proposed Niagara Escarpment
viticultural area has an extended
ripening season when compared to
grapes grown outside its boundary. In
contrast, the areas north of the
escarpment experience cooling spring
temperatures that retard growth, while
areas south of the escarpment are more
prone to fall frost damage.
Boundary Description
See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this notice.
Maps
The petitioner provided the required
maps, and we list them below in the
regulatory text.
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Notice of Proposed Rulemaking and
Comments Received
On February 9, 2005, TTB published
in the Federal Register (70 FR 6792) a
notice of proposed rulemaking regarding
the establishment of the Niagara
Escarpment viticultural area (Notice No.
33). In that notice, TTB requested
comments by April 11, 2005, from all
interested persons. TTB received three
comments. The first stated concerns
with the proposed ‘‘Niagara
Escarpment’’ name, and the second
constituted a rebuttal from the
petitioner on the first comment about
the ‘‘Niagara Escarpment’’ name.
The first commenter, Steve DeBaker,
is from a grape-growing region of Door
and Brown counties in northeast
Wisconsin that is located on the Niagara
Escarpment. He explained that the
escarpment covers a region substantially
larger than the proposed viticultural
area in New York and suggested
amending the proposed viticultural area
name to ‘‘Niagara Escarpment New
York.’’ In conjunction with the state
modifier, Mr. DeBaker expressed
interest in petitioning for a ‘‘Niagara
Escarpment Wisconsin’’ viticultural
area.
The second comment, by the
petitioner Michael Von Heckler, argued
that the Niagara Escarpment viticultural
area, including its name, should be
established as originally proposed. Mr.
Von Heckler explained that a search of
literature for the ‘‘Niagara Escarpment
Wisconsin’’ name resulted in
information about flora, fauna, and
recreational opportunities. The search
made no mention of wine grape growing
within the Niagara Escarpment
geological boundaries in Wisconsin,
according to Mr. Von Heckler. Also, the
Wisconsin Agricultural Statistics
Service does not publish grape
production information because the
amount of grapes produced is too small
to report. Mr. Von Heckler suggested
that, at some future time, Mr. DeBaker
could submit a petition to expand the
boundary of the Niagara Escarpment
viticultural area after its establishment.
TTB, after careful consideration of the
two comments, believes it is not
necessary to establish the ‘‘Niagara
Escarpment’’ viticultural area with the
‘‘New York’’ geographical modifier. TTB
believes that if a future petitioner, in
another area of the Niagara Escarpment,
submits a new viticultural area petition,
then a geographical modifier, such as
Wisconsin, can be added for clarity and
to avoid consumer confusion.
TTB also received a third comment on
the proposed Niagara Escarpment
viticultural area in New York from
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Vintners Quality Alliance of Ontario,
Canada (VQAO) because Canada is
considering designation of a Niagara
Escarpment viticultural area in southern
Ontario. The VQAO Executive Director,
Laurie Macdonald, believes the two
Niagara Escarpment viticultural areas,
one in Canada and one in the United
States, can co-exist without consumer
confusion. As she noted, Canadian
producers must include the name
Canada as the country of origin on the
wine label, and wine producers and
bottlers in Ontario must also include
‘‘VQA’’ in conjunction with the stated
appellation term, such as ‘‘Niagara
Escarpment.’’ In light of these
comments, we believe that wine
produced in the Canadian Niagara
Escarpment viticultural area will not be
confused with the ‘‘Niagara
Escarpment’’ wine produced in the
United States.
TTB Finding
After careful review of the petition,
TTB finds that the evidence submitted
supports the establishment of the
proposed viticultural area. Therefore,
under the authority of the Federal
Alcohol Administration Act and part 4
of our regulations, we establish the
‘‘Niagara Escarpment’’ viticultural area
in Niagara County, New York, effective
30 days from this document’s
publication date.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. With the
establishment of this viticultural area
and its inclusion in part 9 of the TTB
regulations, its name, ‘‘Niagara
Escarpment,’’ is recognized as a name of
viticultural significance. Consequently,
wine bottlers using ‘‘Niagara
Escarpment’’ in a brand name, including
a trademark, or in another label
reference as to the origin of the wine,
must ensure that the product is eligible
to use the viticultural area’s name as an
appellation of origin.
For a wine to be eligible to use as an
appellation of origin the name of a
viticultural area specified in part 9 of
the TTB regulations, at least 85 percent
of the grapes used to make the wine
must have been grown within the area
represented by that name, and the wine
must meet the other conditions listed in
27 CFR 4.25(e)(3). If the wine is not
eligible to use the viticultural area name
as an appellation of origin and that
name appears in the brand name, then
the label is not in compliance and the
bottler must change the brand name and
obtain approval of a new label.
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Similarly, if the viticultural area name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label.
Different rules apply if a wine has a
brand name containing a viticultural
area name that was used as a brand
name on a label approved before July 7,
1986. See 27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
This rule is not a significant
regulatory action as defined by
Executive Order 12866 (58 FR 51735).
Therefore, it requires no regulatory
assessment.
Drafting Information
Nancy Sutton of the Regulations and
Procedures Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, we amend 27 CFR, chapter 1,
part 9 as follows:
I
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
I
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Amend subpart C by adding § 9.186
to read as follows:
I
§ 9.186
Niagara Escarpment.
(a) Name. The name of the viticultural
area described in this section is
‘‘Niagara Escarpment’’. For purposes of
part 4 of this chapter, ‘‘Niagara
Escarpment’’ is a term of viticultural
significance.
(b) Approved Maps. The appropriate
maps for determining the boundaries of
the ‘‘Niagara Escarpment’’ viticultural
area are five United States Geological
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53303
Survey 1:250,000 scale topographic
maps. They are titled:
(1) Lewiston, New York—Ontario, 1980;
(2) Ransomville, New York, 1980;
(3) Cambria, New York, 1980;
(4) Lockport, New York, 1980; and
(5) Gasport, New York, 1979.
(c) Boundary. The Niagara
Escarpment viticultural area is located
in Niagara County, New York. The
boundary of the Niagara Escarpment
viticultural area is as described below:
(1) On the Lewiston map, south of the
village of Lewiston within the Brydges
State Artpark, begin on the east bank of
the Niagara River at the mouth of Fish
Creek; then
(2) Proceed north along the east bank
of the Niagara River about 0.6 mile to
the northern boundary of the Brydges
State Artpark; then
(3) Proceed east along the northern
boundary of the Brydges State Artpark
about 0.8 mile to the park’s northeast
corner, and continue east in a straight
line a short distance to the Robert Moses
Parkway; then
(4) Proceed north along the Robert
Moses Parkway about 0.25 mile to Ridge
Road, and then east on Ridge Road
(State Route 104) about 0.15 mile to the
road’s first intersection with the 400foot contour line; then
(5) Continue easterly along the 400foot contour line, through the
Ransomville map (crossing Model City
Road, Dickersonville Road, and State
Route 429) and the Cambria map
(crossing Baer Road, Plank Road, and
State Route 93/270), and pass onto the
Lockport map to the contour line’s
junction with Sunset Drive; then
(6) Proceed north on Sunset Drive 0.3
mile to its intersection with Stone Road,
then east on Stone Road about 1.25
miles (crossing Eighteenmile Creek) to
the intersection of Stone, Purdy, and
Old Niagara Roads, and continue east
along Old Niagara Road about 0.4 mile
to its first intersection with the 400-foot
contour line; then
(7) Proceed northeasterly along the
400-foot contour line to its first junction
with Slayton Settlement Road, proceed
east on Slayton Settlement Road to Day
Road, and then proceed north on Day
Road to its first junction with the 400foot contour line; then
(8) Proceed easterly along the 400-foot
contour line, pass onto the Gasport map
(crossing Humphrey and Orangeport
Roads), and continue to the contour
line’s junction with Quaker Road; then
(9) Proceed north on Quaker Road
about 0.4 mile to its intersection with
State Route 104, and then east on State
Route 104 to its intersection with
Johnson Creek (at the village of Johnson
Creek); then
E:\FR\FM\08SER1.SGM
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Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations
(10) Proceed south along Johnson
Creek (crossing the Erie Canal), to the
creek’s junction with Mountain Road;
then
(11) Proceed west on Mountain Road
to its intersection with Gasport Road,
then south on Gasport Road to its
intersection with Mill Road, then west
on Mill Road to its intersection with
Kayner Road, then north on Kayner
Road 0.65 mile to its junction with the
600-foot contour line; then
(12) Proceed westerly along the 600foot contour line (crossing Cottage Road)
to its junction with State Route 31, and
continue west on State Route 31,
passing onto the Lockport map and
crossing the Erie Canal within the city
of Lockport, to the intersection of State
Route 31 and Upper Mountain Road;
then
(13) Proceed north-northwesterly on
Upper Mountain Road 0.65 mile and
then northerly on Sunset Drive 0.25
mile to the junction of Sunset Drive and
the 600-foot contour line; then
(14) Proceed westerly along the 600foot contour line, continuing through
the Cambria map (crossing State Route
93/270 and then Blackman and Baer
Roads), through the Ransomville map
(crossing State Route 429 just north of
Pekin and then crossing Black Nose
Spring and Model City Roads), and,
passing onto the Lewiston map,
continue westward along the contour
line (through the Escarpment, Ramsey
Ridge, and Lewiston Heights
subdivisions), to the contour line’s
junction with Mountain View Drive
(just east of State Highway 104 near the
Niagara Falls Country Club); then
(15) Proceed west along Mountain
View Drive to its intersection with State
Route 104, and then proceed south on
State Route 104 to its junction with Fish
Creek; then
(16) Proceed westerly along Fish
Creek and return to the beginning point
on the east bank of the Niagara River at
the mouth of Fish Creek.
Signed: July 8, 2005.
John J. Manfreda,
Administrator.
Approved: August 12, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–17759 Filed 9–7–05; 8:45 am]
BILLING CODE 4810–31–P
VerDate Aug<18>2005
15:14 Sep 07, 2005
Jkt 205001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Region II Docket No. R02–OAR–2005–NY–
0002; FRL–7959–1]
Approval and Promulgation of
Implementation Plans; Onondaga
County Carbon Monoxide Maintenance
Plan Revision; State of New York
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of New York.
This revision will establish an updated
ten-year carbon monoxide (CO)
maintenance plan for the Onondaga
County attainment area.
Onondaga County was redesignated to
attainment of the CO National Ambient
Air Quality Standard (NAAQS) on
September 29, 1993 and a maintenance
plan was also approved at that time. By
this action, EPA is approving the New
York State Department of
Environmental Conservation’s (New
York) second maintenance plan for
Onondaga County because it provides
for continued attainment for an
additional ten years of the CO NAAQS.
In addition, EPA is approving New
York’s revised Part 225–3 (Oxygenated
Gasoline Program provisions).
DATES: This rule is effective on
November 7, 2005, without further
notice, unless EPA receives adverse
written comment by October 11, 2005.
If EPA receives such comments, it will
publish a timely withdrawal of the
direct final rule in the Federal Register
and inform the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R02–OAR–
2005–NY–0002 by one of the following
methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/. Regional
Material in EDocket (RME), EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select quick search, then key in
the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail: werner.raymond@epa.gov.
4. Fax: (212) 637–3901.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
5. Mail: RME ID Number R02–OAR–
2005–NY–0002, Raymond Werner,
Chief, Air Programs Branch, U.S.
Environmental Protection Agency, 290
Broadway, New York, NY 10007–1866.
6. Hand Delivery or Courier: Deliver
your comments to: Raymond Werner,
Chief, Air Programs Branch, U.S.
Environmental Protection Agency, 290
Broadway, New York, NY 10007–1866.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding Federal holidays.
Instructions: Direct your comments to
Regional Material in EDocket (RME) ID
Number R02–OAR–2005–NY–0002.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through Regional Material in
EDocket (RME), regulations.gov, or email. The EPA RME Web site and the
Federal regulations.gov Web site are
anonymous access systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
Regional Material in EDocket (RME)
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
E:\FR\FM\08SER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Rules and Regulations]
[Pages 53300-53304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17759]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-33; Re: Notice No. 33]
RIN 1513-AA97
Establishment of the Niagara Escarpment Viticultural Area (2004R-
589P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision establishes the Niagara Escarpment
viticultural area in Niagara County, New York. We designate
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase.
DATES: Effective October 11, 2005.
FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Regulations and
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 158, Petaluma, California 94952; telephone (415)
271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide the consumer with adequate information regarding a product's
identity and prohibits the use of misleading information on such
labels. The FAA Act also authorizes the Secretary of the Treasury to
issue regulations to carry out its provisions. The Alcohol and Tobacco
Tax and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9
[[Page 53301]]
of the regulations. These designations allow vintners and consumers to
attribute a given quality, reputation, or other characteristic of a
wine made from grapes grown in an area to its geographic origin. The
establishment of viticultural areas allows vintners to describe more
accurately the origin of their wines to consumers and helps consumers
to identify wines they may purchase. Establishment of a viticultural
area is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundaries prominently marked.
Niagara Escarpment Petition and Rulemaking
General Background
Michael Von Heckler of Warm Lake Estate Vineyard and Winery
petitioned TTB for the establishment of an American viticultural area
to be called ``Niagara Escarpment'' in Niagara County, New York. The
proposed 18,000-acre viticultural area includes approximately 400 acres
of vineyards. The proposed boundary area runs in a narrow 28-mile wide
band, starting at the village of Johnson Creek, traveling west through
the towns of Gasport and Lockport, and ending at the Niagara River at
Lewiston.
Below, we summarize the evidence presented in the petition and the
comments received in response to the notice for public comment.
Name Evidence
The proposed Niagara Escarpment viticultural area derives its name
from the Niagara Escarpment, a limestone ridge that runs for more than
650 miles through the Great Lakes region. The Niagara Escarpment forms
a geological horseshoe that begins near Rochester, New York, and
continues west through southern Ontario, Canada, Lake Huron, the upper
peninsula of Michigan, and terminates in eastern Wisconsin.
The Niagara Escarpment enters Niagara County in the east near
Johnson Creek and then runs west through the middle of the county along
State Route 104 to the town of Lewiston. At the west end of Niagara
County, the escarpment crosses the Niagara River Gorge, and Niagara
Falls is at the head of the gorge.
Excerpts from Government and travel Internet sites discuss the
Niagara Escarpment in Niagara County. These include:
A page on the Institute for Local Governance and Regional
Growth Web site that discusses how the Niagara River flows over the
Niagara Escarpment creating Niagara Falls. (See https://www.regional-
institute.buffalo.edu/ regi/ natu.html)
Vintage New York's Web site states that the prime vineyard
sites in western New York are ``bordered by the Niagara River on the
west, Lake Ontario on the north and the Niagara escarpment on the
south.'' (See https://www.vintagenewyork.com/regions/erie.html)
The Niagara Tourism and Convention Corporation's Web site
notes that Niagara Landing Wine Cellars, a Niagara County winery, is
``located at the base of the Niagara Escarpment.'' (See https://
www.niagara-usa.com/attractions/niagaralanding.html)
The Western New York Regional Information Network's Town
of Cambria Web site describes the town as an agricultural town
``divided in the middle by the Niagara Escarpment.'' (See https://
www.wnyrin.com/c_niag/welc/juri/juri_cambt)
In addition, a July 26, 2004, Toronto Star newspaper article on New
York wineries included with the petition discusses the Niagara
Escarpment, and notes that:
Ontario wine lovers are keenly aware of the Niagara Escarpment, and
``the Bench'' creating a special microclimate for grape growing in
Niagara. Well, guess what: It comes up in New York State on the
other side of the lake, in Lockport, north of Lewiston.
Boundary Evidence
The geography of the Niagara Escarpment defines the boundary of the
proposed viticultural area. The steepness of the Niagara Escarpment
makes it topographically distinct from the Ontario Plain, which extends
from the south shore of Lake Ontario to the base of the escarpment, and
the Huron Plain, which begins at the escarpment's crest and extends
southward past the Niagara County line.
The Ontario Plain and the Huron Plain are relatively flat, with
slopes of less than 20 feet per mile, according to the Soil Survey of
Niagara County, New York (1972). In contrast, the Niagara Escarpment
has a steep slope of 106 to 317 feet per mile. The southern and
northern boundaries of the proposed Niagara Escarpment viticultural
area encompass the north-facing slope of the escarpment between the
600- and 400-foot elevation lines. These boundaries generally delineate
the high and low altitudes of the slope within the proposed
viticultural area boundaries.
The Niagara River, which forms the international boundary line
between the United States and Canada, also marks the western boundary
of the proposed viticultural area. The portion of the Niagara
Escarpment that extends west from the Niagara River, into the Canadian
province of Ontario, is included in the Niagara Peninsula viticultural
area, as designated by the Government of Canada.
At the eastern end of Niagara County a portion of Johnson Creek,
south of the village of the same name, forms the proposed eastern
boundary line. East of the creek, elevations at the base of the Niagara
Escarpment climb from 400 to 500 feet, and its slope becomes much
narrower and steeper. The changes in topography east of Johnson Creek
make it less desirable for viticulture. Therefore, the petitioner did
not include the escarpment area east of Johnson Creek within the
proposed viticultural area boundaries.
Distinguishing Features
Topography and Soils
The topography and soils of the proposed viticultural area create
distinct conditions for grape growing as compared to the surrounding
areas. The Ontario and Huron Plains are nearly flat with deep soils
that can harbor excessive water and nutrients. In contrast, the Niagara
Escarpment has shallow soils with poor nutrient content, and sufficient
sloping (2-6 percent) to allow for drainage.
The conditions found in the proposed Niagara Escarpment
viticultural area--
[[Page 53302]]
well drained soils, sufficient sloping, a steady but moderate water
supply, and restricted mineral content--result in grapes with superior
pigment and flavor compounds in the resultant wine. On the other hand,
the conditions of the surrounding areas beyond the proposed
boundaries--poor soil drainage and high nutrient content--result in
grapes with less pigmentation, diluted flavors, and a lower quality of
wine produced.
As evidence of these soil differences, the ``Soil Survey of Niagara
County, New York'' states that the central portion of Niagara County,
along the escarpment, contains the Hilton-Ovid-Ontario soil
association. It describes this association as ``deep, well-drained to
somewhat poorly drained soil.'' In contrast, the survey states that the
Ontario Plain north of the escarpment contains the Rhinebeck-Ovid-
Madalin association, which has ``deep, somewhat poorly drained to very
poorly drained soils.'' The Huron Plain south of the escarpment
contains the Odessa-Lakemont-Ovid association, which has ``deep,
somewhat poorly drained to very poorly drained soils.''
Climate
The location of the proposed Niagara Escarpment viticultural area,
in relation to Lake Ontario, creates a microclimate conducive to grape
growing. The maritime influence of Lake Ontario on the Niagara
Escarpment allows for sufficient heat accumulation for the growing
season in what is otherwise a cool climate. The ``Soil Survey of
Niagara County, New York,'' notes that Lake Ontario greatly influences
the climate of Niagara County. The survey states, ``In fall the lake
waters are a source of heat that reduces cooling at night and increases
the length of [the] freeze-free growing season.''
The climatic relationship between Lake Ontario and the Niagara
Escarpment is discussed in greater detail in ``Site Selection for
Grapes in the Niagara Peninsula,'' a publication issued by the
Horticultural Research Institute of Ontario to assist grape growers in
the Niagara Peninsula of Canada in selecting the best vineyard sites.
The climate information of the publication can be applied to the
proposed Niagara Escarpment viticultural area, which is adjacent to the
Niagara Peninsula and shares Lake Ontario and the Niagara Escarpment
with the peninsula.
According to the site selection publication, a unique airflow
pattern affects the land between Lake Ontario and the crest of the
escarpment. While the land warms quickly on warm days and cools rapidly
on cool nights, the lake temperature changes more slowly. In the spring
the lake temperature is cooler than the temperature of the adjacent
land, while in the fall the lake is warmer than the land. The lake-
warmed air rises and draws cooler air in from the lakeshore in the fall
and creates offshore breezes. As a result, the site selection
publication states, ``the air now above the lake is warmed, rises and
flows back over the land, creating a circular heat-pump effect.''
In the spring and early summer the airflow pattern of the lake
cools the adjacent land. Areas within two miles of the lakeshore can
have a two-week delay in bud break due to the cooling effect of the
lake. Also, daytime temperatures are often cooler because of the air
currents of the lake. The site selection publication notes that ``most
grape cultivars require a long, warm season and fruit quality is
sometimes poor close to the lake because of lower day temperatures.''
Conversely, the proposed Niagara Escarpment viticultural area, between
6 and 8 miles from Lake Ontario, experiences little or no delay in bud
break or cooler daytime temperatures due to the lake influence.
The ``Site Selection for Grapes in the Niagara Peninsula''
publication notes: ``The pattern airflow is altered by the slope of the
land. With steep slopes, cold air drainage is rapid. Flat areas or
depressions tend to accumulate cold air and become `frost pockets.' ''
For areas between the lake and the escarpment, this airflow pattern
minimizes frost conditions and increases heat accumulation, thereby
extending the growing season of the proposed Niagara Escarpment
viticultural area. Areas south of the escarpment do not benefit from
the effect of the airflow pattern and are more prone to frost damage.
The proposed Niagara Escarpment viticultural area has an extended
ripening season when compared to grapes grown outside its boundary. In
contrast, the areas north of the escarpment experience cooling spring
temperatures that retard growth, while areas south of the escarpment
are more prone to fall frost damage.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the regulatory text.
Notice of Proposed Rulemaking and Comments Received
On February 9, 2005, TTB published in the Federal Register (70 FR
6792) a notice of proposed rulemaking regarding the establishment of
the Niagara Escarpment viticultural area (Notice No. 33). In that
notice, TTB requested comments by April 11, 2005, from all interested
persons. TTB received three comments. The first stated concerns with
the proposed ``Niagara Escarpment'' name, and the second constituted a
rebuttal from the petitioner on the first comment about the ``Niagara
Escarpment'' name.
The first commenter, Steve DeBaker, is from a grape-growing region
of Door and Brown counties in northeast Wisconsin that is located on
the Niagara Escarpment. He explained that the escarpment covers a
region substantially larger than the proposed viticultural area in New
York and suggested amending the proposed viticultural area name to
``Niagara Escarpment New York.'' In conjunction with the state
modifier, Mr. DeBaker expressed interest in petitioning for a ``Niagara
Escarpment Wisconsin'' viticultural area.
The second comment, by the petitioner Michael Von Heckler, argued
that the Niagara Escarpment viticultural area, including its name,
should be established as originally proposed. Mr. Von Heckler explained
that a search of literature for the ``Niagara Escarpment Wisconsin''
name resulted in information about flora, fauna, and recreational
opportunities. The search made no mention of wine grape growing within
the Niagara Escarpment geological boundaries in Wisconsin, according to
Mr. Von Heckler. Also, the Wisconsin Agricultural Statistics Service
does not publish grape production information because the amount of
grapes produced is too small to report. Mr. Von Heckler suggested that,
at some future time, Mr. DeBaker could submit a petition to expand the
boundary of the Niagara Escarpment viticultural area after its
establishment.
TTB, after careful consideration of the two comments, believes it
is not necessary to establish the ``Niagara Escarpment'' viticultural
area with the ``New York'' geographical modifier. TTB believes that if
a future petitioner, in another area of the Niagara Escarpment, submits
a new viticultural area petition, then a geographical modifier, such as
Wisconsin, can be added for clarity and to avoid consumer confusion.
TTB also received a third comment on the proposed Niagara
Escarpment viticultural area in New York from
[[Page 53303]]
Vintners Quality Alliance of Ontario, Canada (VQAO) because Canada is
considering designation of a Niagara Escarpment viticultural area in
southern Ontario. The VQAO Executive Director, Laurie Macdonald,
believes the two Niagara Escarpment viticultural areas, one in Canada
and one in the United States, can co-exist without consumer confusion.
As she noted, Canadian producers must include the name Canada as the
country of origin on the wine label, and wine producers and bottlers in
Ontario must also include ``VQA'' in conjunction with the stated
appellation term, such as ``Niagara Escarpment.'' In light of these
comments, we believe that wine produced in the Canadian Niagara
Escarpment viticultural area will not be confused with the ``Niagara
Escarpment'' wine produced in the United States.
TTB Finding
After careful review of the petition, TTB finds that the evidence
submitted supports the establishment of the proposed viticultural area.
Therefore, under the authority of the Federal Alcohol Administration
Act and part 4 of our regulations, we establish the ``Niagara
Escarpment'' viticultural area in Niagara County, New York, effective
30 days from this document's publication date.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Niagara
Escarpment,'' is recognized as a name of viticultural significance.
Consequently, wine bottlers using ``Niagara Escarpment'' in a brand
name, including a trademark, or in another label reference as to the
origin of the wine, must ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
For a wine to be eligible to use as an appellation of origin the
name of a viticultural area specified in part 9 of the TTB regulations,
at least 85 percent of the grapes used to make the wine must have been
grown within the area represented by that name, and the wine must meet
the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not
eligible to use the viticultural area name as an appellation of origin
and that name appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the viticultural area name
appears in another reference on the label in a misleading manner, the
bottler would have to obtain approval of a new label.
Different rules apply if a wine has a brand name containing a
viticultural area name that was used as a brand name on a label
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is the result of a proprietor's efforts and
consumer acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
This rule is not a significant regulatory action as defined by
Executive Order 12866 (58 FR 51735). Therefore, it requires no
regulatory assessment.
Drafting Information
Nancy Sutton of the Regulations and Procedures Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9 as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Amend subpart C by adding Sec. 9.186 to read as follows:
Sec. 9.186 Niagara Escarpment.
(a) Name. The name of the viticultural area described in this
section is ``Niagara Escarpment''. For purposes of part 4 of this
chapter, ``Niagara Escarpment'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the ``Niagara Escarpment'' viticultural area are five
United States Geological Survey 1:250,000 scale topographic maps. They
are titled:
(1) Lewiston, New York--Ontario, 1980;
(2) Ransomville, New York, 1980;
(3) Cambria, New York, 1980;
(4) Lockport, New York, 1980; and
(5) Gasport, New York, 1979.
(c) Boundary. The Niagara Escarpment viticultural area is located
in Niagara County, New York. The boundary of the Niagara Escarpment
viticultural area is as described below:
(1) On the Lewiston map, south of the village of Lewiston within
the Brydges State Artpark, begin on the east bank of the Niagara River
at the mouth of Fish Creek; then
(2) Proceed north along the east bank of the Niagara River about
0.6 mile to the northern boundary of the Brydges State Artpark; then
(3) Proceed east along the northern boundary of the Brydges State
Artpark about 0.8 mile to the park's northeast corner, and continue
east in a straight line a short distance to the Robert Moses Parkway;
then
(4) Proceed north along the Robert Moses Parkway about 0.25 mile to
Ridge Road, and then east on Ridge Road (State Route 104) about 0.15
mile to the road's first intersection with the 400-foot contour line;
then
(5) Continue easterly along the 400-foot contour line, through the
Ransomville map (crossing Model City Road, Dickersonville Road, and
State Route 429) and the Cambria map (crossing Baer Road, Plank Road,
and State Route 93/270), and pass onto the Lockport map to the contour
line's junction with Sunset Drive; then
(6) Proceed north on Sunset Drive 0.3 mile to its intersection with
Stone Road, then east on Stone Road about 1.25 miles (crossing
Eighteenmile Creek) to the intersection of Stone, Purdy, and Old
Niagara Roads, and continue east along Old Niagara Road about 0.4 mile
to its first intersection with the 400-foot contour line; then
(7) Proceed northeasterly along the 400-foot contour line to its
first junction with Slayton Settlement Road, proceed east on Slayton
Settlement Road to Day Road, and then proceed north on Day Road to its
first junction with the 400-foot contour line; then
(8) Proceed easterly along the 400-foot contour line, pass onto the
Gasport map (crossing Humphrey and Orangeport Roads), and continue to
the contour line's junction with Quaker Road; then
(9) Proceed north on Quaker Road about 0.4 mile to its intersection
with State Route 104, and then east on State Route 104 to its
intersection with Johnson Creek (at the village of Johnson Creek); then
[[Page 53304]]
(10) Proceed south along Johnson Creek (crossing the Erie Canal),
to the creek's junction with Mountain Road; then
(11) Proceed west on Mountain Road to its intersection with Gasport
Road, then south on Gasport Road to its intersection with Mill Road,
then west on Mill Road to its intersection with Kayner Road, then north
on Kayner Road 0.65 mile to its junction with the 600-foot contour
line; then
(12) Proceed westerly along the 600-foot contour line (crossing
Cottage Road) to its junction with State Route 31, and continue west on
State Route 31, passing onto the Lockport map and crossing the Erie
Canal within the city of Lockport, to the intersection of State Route
31 and Upper Mountain Road; then
(13) Proceed north-northwesterly on Upper Mountain Road 0.65 mile
and then northerly on Sunset Drive 0.25 mile to the junction of Sunset
Drive and the 600-foot contour line; then
(14) Proceed westerly along the 600-foot contour line, continuing
through the Cambria map (crossing State Route 93/270 and then Blackman
and Baer Roads), through the Ransomville map (crossing State Route 429
just north of Pekin and then crossing Black Nose Spring and Model City
Roads), and, passing onto the Lewiston map, continue westward along the
contour line (through the Escarpment, Ramsey Ridge, and Lewiston
Heights subdivisions), to the contour line's junction with Mountain
View Drive (just east of State Highway 104 near the Niagara Falls
Country Club); then
(15) Proceed west along Mountain View Drive to its intersection
with State Route 104, and then proceed south on State Route 104 to its
junction with Fish Creek; then
(16) Proceed westerly along Fish Creek and return to the beginning
point on the east bank of the Niagara River at the mouth of Fish Creek.
Signed: July 8, 2005.
John J. Manfreda,
Administrator.
Approved: August 12, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-17759 Filed 9-7-05; 8:45 am]
BILLING CODE 4810-31-P
