T.D. ATF—481; Ref
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Federal Register / Vol. 67, No. 171 / Wednesday, September 4, 2002 / Rules and Regulations 56479 Approach Procedure (SIAP) based on FR 11034; February 26, 1979); and (3) DEPARTMENT OF THE TREASURY the Global Positioning System (GPS) at does not warrant preparation of a Pocono Mountains Municipal Airport Regulatory Evaluation as the anticipated Bureau of Alcohol, Tobacco and (KMPO), Mount Pocono, PA. Sufficient impact is so minimal. Since this is a Firearms controlled airspace is needed to routine matter that will only affect air accommodate the SIAP and for traffic procedures and air navigation it 27 CFR Part 4 Instrument Flight Rules (IFR) operations is certified that this rule will not have [T.D. ATF—481; Ref. Notice No. 934] at the airport. The area would be significant economic impact on a RIN 1512—AC50 depicted on aeronautical charts for pilot substantial number of small entities reference. under the criteria of the Regulatory Addition of Tannat as a Grape Variety EFFECTIVE DATE: 0901 UTC November Flexibility Act. Name for American Wines (2001R– 28, 2002. 207P) FOR FURTHER INFORMATION CONTACT: Mr. List of Subjects in 14 CFR Part 71 Francis Jordan, Airspace Specialist, AGENCY: Bureau of Alcohol, Tobacco Airspace, Incorporation by reference, and Firearms, Treasury. Airspace Branch, AEA–520, Air Traffic Navigation (air). Division, Eastern Region, Federal ACTION: Treasury decision, final rule. Aviation Administration, 1 Aviation Adoption of the Amendment SUMMARY: Plaza, Jamaica, New York 11434–4809, The Bureau of Alcohol, telephone: (718) 553–4521. In consideration of the foregoing, the Tobacco, and Firearms (ATF) is adding the name ‘‘Tannat’’ to the list of prime SUPPLEMENTARY INFORMATION: Federal Aviation Administration amends 14 CFR part 71 as follows: grape variety names approved for use in History designating American wines. On July 17, 2002, a notice proposing PART 71—[AMENDED] EFFECTIVE DATE: Effective November 4, to amend Part 71 of the Federal Aviation 2002. Regulations (14 CFR part 71) by 1. The authority citation for 14 CFR FOR FURTHER INFORMATION CONTACT: establishing Class E airspace extending Part 71 continues to read as follows: Jennifer Berry, Bureau of Alcohol, upward from 700 feet Above Ground Authority: 49 U.S.C. 106(g), 40103, 40113, Tobacco and Firearms, Regulations Level (AGL) at Pocono Mountains 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Division, 111 W. Huron Street, Room Municipal Airport, Mount Pocono, PA, 1963 Comp., p. 389. 219, Buffalo, NY, 14202–2301; was published in the Federal Register telephone (716) 434–8039. (67 FR 46939). Interested parties were § 71.1 [Amended] SUPPLEMENTARY INFORMATION: invited to participate in this rulemaking The incorporation by reference in 14 Background proceeding by submitting written CFR 71.1 of Federal Aviation Under the Federal Alcohol comments on the proposal to the FAA. Administration Order 7400.9J, Airspace Administration Act (FAA Act) (27 No comments to the proposal were Designations and Reporting Points, received. This rule is adopted as U.S.C. 201 et seq.), wine labels must dated August 31, 2001, and effective proposed. provide the consumer ‘‘with adequate The coordinates for this airspace September 16, 2001, is amended as information as to the identity and docket are based on North American follows: quality’’ of the product. The FAA Act Datum 83. Class E airspace areas also requires that the information Paragraph 6005 Class E airspace areas appearing on wine labels not mislead designations for airspace extending extending upward from 700 ft above the upward from the surface are published surface of the earth. the consumer. in paragraph 6005 of FAA Order To help carry out these statutory 7400.9J, dated August 31, 2001 and * * * * * requirements, ATF has issued effective September 16, 2001, which is AEA PA E5 Mount Pocono, PA (Revised) regulations, including those that designate grape varieties. Under 27 CFR incorporated by reference in 14 CFR Pocono Mountains Municipal Airport 4.23(b) and (c), a wine bottler may use 71.1. The Class E airspace designation (lat. 41°08′15″N., long. 75°22′44″W.) listed in this document will be amended a grape variety name as the designation in the order. That airspace extending upward from 700 of a wine if not less than 75 percent of feet above the surface within a 6.4-mile the wine (51 percent in the case of wine The Rule radius of Pocono Mountains Municipal made from Vitis labrusca grapes) is Airport and within 4 miles each side of the This amendment to Part 71 of the ° derived from that grape variety. Under Federal Aviation Regulations (14 CFR 295 bearing from the airport extending from § 4.23(d), a bottler may use two or more Part 71) provides controlled Class E the 6.4-mile radius to 8.6 miles northwest of grape variety names as the designation the airport. airspace extending upward from 700 ft of a wine if all of the grapes used to above the surface for aircraft conducting * * * * * make the wine are of the labeled IFR operations at Pocono Mountains Issued in Jamaica, New York on August 20, varieties, and if the percentage of the Municipal Airport, Mount Pocono, PA. 2002. wine derived from each grape variety is The FAA has determined that this John G. McCartney, shown on the label. regulation only involves an established In Treasury Decision ATF–370 (61 FR body of technical regulations for which Acting Assistant Manager, Air Traffic 522), issued on January 8, 1996, ATF Division, Eastern Region. frequent and routine amendments are adopted a list of grape variety names necessary to keep them operationally [FR Doc. 02–22499 Filed 9–3–02; 8:45 am] determined to be appropriate for use in current. Therefore, this regulation: (1) Is BILLING CODE 4910–3–M designating American wines. The list of not a ‘‘significant regulatory action’’ prime grape names and their synonyms under Executive Order 12866; (2) is not appears at § 4.91, while alternative a ‘‘significant rule’’ under DOT grape names temporarily authorized for Regulatory Policies and Procedures (44 use are listed at § 4.92. We believe the VerDate Aug<30>2002 14:15 Sep 03, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 56480 Federal Register / Vol. 67, No. 171 / Wednesday, September 4, 2002 / Rules and Regulations listing of approved grape variety names Ministry of Agriculture, Fisheries and before Mourve´dre and Cabernet for American wines will help Food, 1997, p.151. Sauvignon. The petitioner reports that it standardize wine label terminology, • ‘‘Traite´ General de Viticulture has had two highly successful crops off provide important information about the Ampelographie, Volume II,’’ by P. Viala its 0.5 acre planting. Its 1999 harvest wine, and prevent consumer confusion. and V. Vermoral, 1991, pp. 80–82. had a brix of 28 and a pH of 3.18, while • ‘‘Guide to Wine Grapes,’’ Oxford the 2000 harvest had a brix of 25 with How May New Varieties Be Added to University Press, 1996, by Jancis a pH of 3.45. The petitioner states that the List of Prime Grape Names? Robinson, p. 182. the wine is rich, with good color, and Under 27 CFR 4.93, any interested The first three references are scientific excellent aromatics and spice. Tablas person may petition ATF to include articles that discuss the grape’s origin, Creek further reports that the wine has additional grape varieties in the list of cultivation, and ampelography (the done well in tastings, resulting in prime grape names. The petitioner study and classification of grapevines). additional orders for Tannat plants from should provide evidence of the The ‘‘Guide to Wine Grapes,’’ intended other vineyards and nurseries. following: for the general reader, contains a general • Acceptance of the grape variety; description of the grape and its uses. Notice No. 934 • According to these references, the The validity of the name for Based on the evidence submitted by Tannat grape produces a deeply colored identifying the grape variety; the petitioners, ATF published Notice • and tannic wine, which is thought to That the variety is used or will be 934 on January 23, 2002, (67 FR 3135) account for its name. They also note its used in winemaking; and proposing to add the name ‘‘Tannat’’ to • use as a major component of the French That the variety is grown and used the list of approved grape names in wine Madiran. in the United States. § 4.91. ATF received five comments in Documentation submitted with the Tablas Creek Vineyard imported the response to the notice. Four of the petition may include: Tannat plant into the USDA station in comments were from wineries, with the • A reference to the publication of the Geneva, New York, in 1992. The plant fifth from the State Enologist for name of the variety in a scientific or was declared virus free and shipped Virginia, Dr. Bruce Zoecklein of Virginia professional journal of horticulture or a bare-root to Tablas Creek Vineyard in Tech University. All of the commenters published report by a professional, Paso Robles, California, in February supported the proposed addition of the scientific, or winegrowers’ organization; 1993. In 1996, the winery multiplied, Tannat grape to the list of approved • A reference to a plant patent, if grafted, and started planting Tannat names. patented; and vines. • Information about the commercial The petitioner stated that the Tannat After reviewing the evidence and potential of the variety, such as the grape is currently grown and used in the comments, ATF determined that the acreage planted or market studies. United States in winemaking. Tablas petitioner provided sufficient evidence Section 4.93 also places certain Creek Vineyard reports that in 2000 and to satisfy the requirements of § 4.93.