19738 Federal Register / Vol. 66, No. 74 / Tuesday, April 17, 2001 / Proposed Rules
Note 1: If the manufacturer publishes AFM DATES: Written comments must be • Information about the commercial temporary or general revisions that include received by June 18, 2001. potential of the variety, such as the the corresponding procedures required by ADDRESSES: Send written comments to: acreage planted and its location or paragraphs (a) through (f) of this AD, those Chief, Regulations Division, Bureau of market studies. revisions may be incorporated into the AFM, Section 4.93 also places certain provided the information in the revisions is Alcohol, Tobacco and Firearms, P.O. identical to that in the Figures of this AD; Box 50221, Washington, DC 20091–0221 eligibility restrictions on the approval of and those Figures may be removed from the (Attn: Notice No. 915). grape variety names. A grape variety AFM. FOR FURTHER INFORMATION CONTACT: name will not be approved: • Jennifer Berry, Bureau of Alcohol, If the name has previously been Alternative Methods of Compliance used for a different grape variety; Tobacco and Firearms, Regulations • (g) An alternative method of compliance or Division, 111 W. Huron Street, Room If the name contains a term or name adjustment of the compliance time that 219, Buffalo, NY 14202–2301; found to be misleading under § 4.39; or provides an acceptable level of safety may be • Telephone (716) 551–4048. If the name of a new grape variety used if approved by the Manager, contains the term ‘‘Riesling.’’ SUPPLEMENTARY INFORMATION: International Branch, ANM–116, Transport The Director reserves the authority to Airplane Directorate, FAA. Operators shall 1. Background disapprove the name of a new grape submit their requests through an appropriate FAA Principal Operations Inspector, who Under 27 CFR 4.23 (b), a wine bottler variety developed in the United States may add comments and then send it to the may use a grape variety name as the if the name contains words of Manager, International Branch, ANM–116. designation of a wine if not less than 75 geographical significance, place names, Note 2: Information concerning the percent of the wine (51 percent in or foreign words which are misleading existence of approved alternative methods of circumstances detailed in § 4.23(c)) is under § 4.39. The Director will not compliance with this AD, if any, may be derived from that grape variety. Under approve the use of a grape variety name obtained from the International Branch, § 4.23(d), a bottler may use two or more that is misleading. ANM–116. grape variety names as the designation 2. Petitions Special Flight Permits of a wine if: • Counoise Petition (h) Special flight permits may be issued in All grapes used to make the wine are the labeled varieties; Tablas Creek Vineyard in Paso Robles, accordance with §§ 21.197 and 21.199 of the • Federal Aviation Regulations (14 CFR 21.197 The percentage of the wine derived California, has petitioned ATF and 21.199) to operate the airplane to a from each grape variety is shown on the proposing the addition of the name location where the requirements of this AD label; and ‘‘Counoise’’ to the list of prime grape • can be accomplished. If labeled with multiple variety names approved for the Note 3: The subject of this AD is addressed appellations, the percentage of the wine designation of American wines. in French airworthiness directive 2000–536– derived from each varietal from each Counoise is a red varietal originally 032(B), dated December 27, 2000. appellation is shown on the label. from the Rhoˆne region of France, where Treasury Decision ATF–370 (61 FR it has traditionally been a component of Issued in Renton, Washington, on April 9, 522), January 8, 1996, adopted a list of 2001. Chaˆteauneuf-du-Pape. grape variety names that ATF has Donald L. Riggin, The petitioner has submitted the determined to be appropriate for use in following published references to Acting Manager, Transport Airplane designating American wines. The list of Directorate, Aircraft Certification Service. Counoise to establish its acceptance as prime grape names and their synonyms a grape and the validity of its name: [FR Doc. 01–9191 Filed 4–16–01; 8:45 am] appears at § 4.91, while additional • Ce´pages et Vignobles de France, BILLING CODE 4910–13–P alternative grape names temporarily Volume II, by Pierre Galet, 1990, pp. authorized for use are listed at § 4.92. ATF has received petitions proposing 106–107. • Catalogue of Selected Wine Grape DEPARTMENT OF THE TREASURY that new grape variety names be listed in § 4.91. Under § 4.93 any interested Varieties and Clones Cultivated in Bureau of Alcohol, Tobacco and person may petition ATF to include France, published by the French Firearms additional grape varieties in the list of Ministry of Agriculture, Fisheries and prime grape names. Information with a Food, 1997, pp. 67 & 216. • Traite´ General de Viticulture 27 CFR Part 4 petition should provide evidence of the Ampelographie, Volume II, by P. Viala following: [Notice No. 915] • Acceptance of the new grape and V. Vermoral, 1991, pp. 78–80. • Guide to Wine Grapes, Oxford RIN: 1512–AC26 variety; • The validity of the name for University Press, 1996, by Jancis Proposed Addition of New Grape identifying the grape variety; Robinson, p. 61. Variety Names for American Wines • That the variety is used or will be The first three references are scientific (2000R–307P) used in winemaking; and articles that discuss the grape’s origin, • That the variety is grown and used cultivation, and ampelography (the AGENCY: Bureau of Alcohol, Tobacco in the United States. study and classification of grapevines). and Firearms, Department of the For the approval of names of new The Guide to Wine Grapes, intended for Treasury. grape varieties, the petition may the general reader, discusses the ACTION: Notice of proposed rulemaking. include: cultivation of Counoise in the Rhoˆne • A reference to the publication of the region and notes that it is ‘‘one of the SUMMARY: The Bureau of Alcohol, name of the variety in a scientific or more rarefied ingredients in red Tobacco and Firearms has received professional journal of horticulture or a Chaˆteauneuf-du-Pape.’’ petitions proposing to add two new published report by a professional, Tablas Creek Vineyard states that it names, ‘‘Counoise’’ and ‘‘St. Laurent,’’ scientific or winegrowers’ organization; imported the Counoise plant into the to the list of prime grape variety names • A reference to a plant patent, if USDA station in Geneva, New York, in for use in designating American wines. patented; and 1990. The plant was declared virus free
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in 1993 and shipped bare-root to Tablas Minnesota, a member of the Minnesota inspection during normal business Creek Vineyard in Paso Robles, Winegrowers Cooperative, planted hours at: ATF Reference Library, Office California in February 1993. The winery about 1⁄4 an acre of St. Laurent in 1995. of Liaison and Public Information, multiplied, grafted and started planting The petitioner has made wine from the Room 6480, 650 Massachusetts Avenue, Counoise in 1996. 1999 crop and is pleased with the NW., Washington, DC 20226. The petitioner states that the results. The grower reports that the How Do I Send Facsimile Comments? Counoise grape is currently grown and grape’s disease-resistance and tendency used in the United States in to ripen early make it suitable for cooler You may submit comments of not winemaking. It reports that in 1999 and climates with a short growing season. more than three pages by facsimile 2000, it shipped several orders for The petitioner reports that St. Laurent transmission to (202) 927–8525. Counoise grafted vines, own-root plants plants are also being grown in the Facsimile comments must: and budwood to vineyards in California, collection of the University of • Be legible. Washington, and Arizona. When ATF Minnesota. This was confirmed by Peter • Reference this notice number. contacted some of these vineyards, they Hemstad, a research viticulturist at the • Be 81⁄2″ × 11″ in size. reported that the plants are doing well University’s Horticulture Research • Contain a legible written signature. and that they plan to produce wine from Center, who reports that he has made a • Be not more than three pages. the resulting grapes. good quality red wine from the We will not acknowledge receipt of In addition, the petitioner states that university’s grapes. Mr. Hemstad states facsimile transmissions. We will treat Counoise has enormous commercial that he expects St. Laurent to become facsimile transmissions as originals. potential in California. The variety is more widely planted in the U.S., How Do I Send Electronic Mail (E-mail) easy to graft and moderately vigorous. It especially in cooler climates. He further Comments? is well adapted to most California states that he would recommend St. regions, ripening fairly late in the cycle, Laurent to growers in cooler climate You may submit comments by e-mail after Grenache but before Mourve`dre states such as Minnesota, Michigan, and by sending the comments to and Cabernet Sauvignon. Tablas Creek New York. [email protected]. You must has had three crops off their 3.5 acre Based on the evidence submitted by follow these instructions. E-mail planting. The winery reports that the the petitioner, ATF proposes to add the comments must: 1998 harvest had a brix of 23.6 with a grape variety ‘‘St. Laurent’’ to the list of • Contain your name, mailing pH of 3.4, while the 1999 harvest had prime grape names in § 4.91. address, and e-mail address. a brix of 26.9 with a pH of 3.4. The • Reference this notice number. 3. Public Participation petitioner further states that the wine is • Be legible when printed on not well-colored and rich, with excellent Who May Comment on This Notice? more than three pages 81⁄2″ × 11″ in size. aromatics and spice. ATF requests comments from all We will not acknowledge receipt of e- mail. We will treat e-mail as originals. St. Laurent Petition interested parties. We will carefully consider all comments we receive on or Mr. Robin Partch of Northern How Do I Send Comments to the ATF before the closing date. We will also Vineyards Winery in Stillwater, Internet Web Site? carefully consider comments we receive Minnesota, has petitioned ATF for the You may also submit comments using after that date if it is practical to do so, addition of the name ‘‘St. Laurent’’ to the comment form provided with the but we cannot assure consideration for the list of prime grape variety names online copy of the proposed rule on the late comments. ATF specifically approved for the designation of ATF Internet web site at http:// requests comments on the clarity of this American wines. St. Laurent is a red www.atf.treas.gov/core/regulations/ proposed rule and how it may be made Vitis vinifera grape originally from rules.htm. easier to understand. France, but now grown mainly in 3. Regulatory Analyses and Notices central Europe, especially Austria. Can I Review Comments Received? The petitioner has submitted several Copies of the petitions and written Does the Paperwork Reduction Act published references to St. Laurent as comments in response to this notice of Apply to This Proposed Rule? evidence of its acceptance and name proposed rulemaking will be available The provisions of the Paperwork validity, including the following: for public inspection during normal Reduction Act of 1995, 44 U.S.C. • The Oxford Companion to Wine, 1st business hours at: ATF Reference Chapter 35, and its implementing edition, edited by Jancis Robinson, Library, Office of Liaison and Public regulations, 5 CFR part 1320, do not 1994, pp. 839–840. Information, Room 6480, 650 apply to this notice because no • Production of Grapes and Wine in Massachusetts Avenue, NW, requirement to collect information is Cool Climates, by David Jackson and Washington, DC 20226. proposed. Danny Schuster, 1994, pp. 105–106. • Vines, Grapes and Wines, by Jancis Will ATF Keep My Comments How Does the Regulatory Flexibility Act Robinson, 1986, p. 221. Confidential? Apply to This Proposed Rule? According to these references, St. ATF cannot recognize any material in It is hereby certified that this Laurent is a deeply colored grape with comments as confidential. All proposed regulation will not have a a thick skin, which makes it disease comments and materials may be significant economic impact on a resistant. It buds early and is thus disclosed to the public. If you consider substantial number of small entities. susceptible to spring frosts, but it also your material to be confidential or This proposed regulation would permit ripens early. inappropriate for disclosure to the the use of the grape varietal names The petitioner has offered the public, you should not include it in the ‘‘Counoise’’ and ‘‘St. Laurent.’’ No following evidence that the St. Laurent comments. We may also disclose the negative impact on small entities is grape is grown and used in the U.S. for name of any person who submits a expected. No new requirements are winemaking. According to the comment. A copy of this notice and all proposed. Accordingly, a regulatory petitioner, one commercial grower in comments will be available for public flexibility analysis is not required.
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Is This a Significant Regulatory Action POSTAL SERVICE Generally, the changes in this as Defined by Executive Order 12866? proposed rule are intended to align mail 39 CFR Part 111 preparation more closely with the way This is not a significant regulatory that the Postal Service transports and action as defined by Executive Order Proposed Domestic Mail Manual processes flat-sized mail. The co-traying 12866. Changes for First-Class Mail, Standard requirements for First-Class Mail flats Mail, and Bound Printed Matter Flats Therefore, a regulatory assessment is and the co-sacking requirements for not required. AGENCY: Postal Service. Standard Mail flats should result in ACTION: fewer less-than-full trays and sacks and 4. Drafting Information Proposed Rule; reopening of comment period. an overall reduction in the number of trays and sacks prepared by mailers and The principal author of this document SUMMARY: The Postal Service is seeking processed by the Postal Service. For is Jennifer Berry, Regulations Division, comments on the following proposed Presorted rate Standard Mail, with sack- Bureau of Alcohol, Tobacco and mail preparation changes to the based rates, this may also result in lower Firearms. Domestic Mail Manual (DMM): Packages postage rates for some mail that will List of Subjects in 27 CFR Part 4 of First-Class Mail Presorted rate flats move to a finer sack presort level. and automation rate flats that are part of Requiring the use of labeling list L001 Advertising, Consumer protection, the same mailing job would be required for sacked carrier route Standard Mail Customs duties and inspections, to be co-trayed according to the and Bound Printed Matter flats also will Imports, Labeling, Packaging and standards in M910; packages of result in fewer sacks prepared by containers, Wine. Standard Mail Presorted rate flats and mailers. For mail on pallets, use of L001 automation rate flats that are part of the should create more 5-digit level pallets, Authority and Issuance same mailing job would be required to resulting in fewer package handlings for Accordingly, 27 CFR part 4, Labeling be co-sacked according to the standards the Postal Service and better service for and Advertising of Wine, is amended as in M910; Standard Mail Enhanced mailers. follows: Carrier Route and 5-digit flats would be The changes proposed are as follows: required to be sacked or palletized using 1. First-Class Mail Paragraph 1. The authority citation the labeling list L001 scheme sort for part 4 continues to read as follows: (including the scheme sorts included in Required Co-Traying Authority: 27 U.S.C. 205. the optional preparation methods in Currently, mailers have the option to M920, M930, and M940); and Bound use M910 to co-tray packages of Para. 2. Section 4.91 is amended by Printed Matter Carrier Route and 5-digit Presorted rate flats and automation rate republishing the introductory text and flats would be required to be sacked or flats that are part of the same mailing by adding the names ‘‘Counoise’’ and palletized using the labeling list L001 job (current M130.1.6 and M820.1.9). ‘‘St. Laurent,’’ in alphabetical order, to scheme sort. This proposal would make the current the list of prime grape names, to read as DATES: Comments must be received on option a requirement. If this proposal is follows: or before May 4, 2001. adopted, any First-Class Mail mailing § 4.91 List of approved prime names. ADDRESSES: Send written comments to job that contains packages of Presorted the Manager, Mail Preparation and rate flats and packages of automation The following grape variety names Standards, US Postal Service, 1735 N rate flats must be co-trayed using have been approved by the Director for Lynn Street, Rm 3025, Arlington, VA M910.1.0. use as type designations for American 22209–6038. Written comments may be wines. When more than one name may submitted via fax at 703–292–4058. 2. Standard Mail be used to identify a single variety of Copies of all written comments are a. Scheme Sort grape, the synonym is shown in available via fax or mail by calling Anne Currently, Standard Mail Enhanced parentheses following the prime name. Emmerth at the number listed below. Carrier Route flats are sorted to two Grape variety names may appear on FOR FURTHER INFORMATION CONTACT: required sack levels and one optional labels of wine in upper or in lower case, Anne Emmerth, 703–292–3641, sort level (required carrier route, and may be spelled with or without the [email protected]. optional 5-digit scheme carrier routes, hyphens or diacritic marks indicated in SUPPLEMENTARY INFORMATION: The Postal and required 5-digit carrier routes under the following list. Service is extending the comment M620.4.0). This proposal would make * * * * * period on proposed changes to the the optional 5-digit scheme carrier Domestic Mail Manual (DMM) that routes sort level (using labeling list Counoise would change mail preparation L001) a required level. If this proposal * * * * * standards for flats. The changes is adopted, all Enhanced Carrier Route themselves are outlined below by class Standard Mail flats would be required to St. Laurent of mail; the proposed DMM language be sorted to all three sack levels. follows at the end of this proposed rule. Current M620.4.0 contains sack Dated: March 16, 2001. The proposed implementation date for preparation requirements for Standard Bradley A. Buckles, these standards is September 1, 2001. Mail Enhanced Carrier Route flats and Director. This proposed rule was published irregular parcels. In order to apply the previously in the Federal Register on L001 scheme sort only to flats, the Approved: March 26, 2001. March 16, 2001 (66 FR 15206); the sacking requirements for flats have been Timothy E. Skud, original comment period ended on April separated into a different section. Deputy Assistant Secretary, (Regulatory, 13, 2001. As of that date, no comments Therefore, the sack preparation Tariff & Trade Enforcement). were received. As a convenience, the requirements for irregular parcels are [FR Doc. 01–9479 Filed 4–16–01; 8:45 am] entire text of the proposed rule is included in this proposed rule only to BILLING CODE 4810–31–P reproduced here. show renumbering and reorganization.
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