sign in sign up
<<
Home , Tannat

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 Variety EFFECTIVE DATE: 0901 UTC November Flexibility Act. Name for American (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.), 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 labrusca ) 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 terminology, • ‘‘Traite´ General de 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 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 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 ; 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 imported the response to the notice. Four of the petition may include: Tannat plant into the USDA station in comments were from , 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 , Dr. Bruce Zoecklein of Virginia professional journal of horticulture or a bare-root to in Tech University. All of the commenters published report by a professional, Paso Robles, , in February supported the proposed addition of the scientific, or winegrowers’ organization; 1993. In 1996, the 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. We eligibility restrictions on the approval of 2001, it shipped several orders for are therefore amending the list of prime grape variety names. We will not Tannat plants to vineyards in California, grape names in 27 CFR 4.91 to include approve a name: , and Virginia. Tannat has also the name ‘‘Tannat.’’ • long been grown in the vine collections If it has previously been used for a Regulatory Analyses and Notices different grape variety; of the University of California. At the • If it contains a term or name found request of the petitioner, Richard Does the Paperwork Reduction Act to be misleading under § 4.39; or Hoenisch, Vineyard Manager, Apply to This Final Rule? • If a name of a new grape variety Viticulture and Enology Department, The provisions of the Paperwork contains the term ‘‘.’’ University of California at Davis, Reduction Act of 1995, 44 U.S.C. The Director will not approve the contacted ATF with information about Chapter 35, and its implementing name of a new grape variety developed the history of the Tannat vines in the regulations, 5 CFR part 1320, do not in the United States if the name university’s collection. apply to this rule. This rule does not contains words of geographical According to Mr. Hoenisch, Tannat require winemakers to collect or report significance, place names, or foreign was part of the vine collection begun in any additional information. words that are misleading under § 4.39. the 1890s at the University of California at Berkeley by Professor Eugene Hilgard. How Does the Regulatory Flexibility Act Tannat Petition Founder of the Department of Fruit Apply to This Final Rule? Tablas Creek Vineyard in Paso Robles, Science, Hilgard established several California, petitioned ATF to add the experimental vineyards in California, We certify that this final regulation name ‘‘Tannat’’ to the list of prime grape with sites in Berkeley, Cupertino, Paso will not have a significant economic variety names approved for the Robles, and Jackson. Mr. Hoenisch impact on a substantial number of small designation of American wines. Tannat stated that the vines in the Jackson entities. This regulation will permit the is a red with origins in collection, including Tannat, were use of a new grape varietal name. We do southwestern France and the Pyrenees rediscovered in 1965 by Dr. Austin not expect any negative impact on small Mountains. Goheen and Carl Luhn and repropagated entities. We are not imposing new The petitioner submitted the at UC Davis. The university currently requirements. Accordingly, the Act does following published references to blends its Tannat wine into Cabernet not require a regulatory flexibility Tannat to establish its acceptance as a Sauvignon to increase tannins, acidity, analysis. grape and the validity of its name: and color. • Is This a Significant Regulatory Action ‘‘Ce´pages et Vignobles de France, Tablas Creek states that Tannat is easy as Defined by Executive Order 12866? Volume II,’’ by Pierre Galet, 1990, p. to graft and relatively vigorous, and has 313. great commercial potential in California. This is not a significant regulatory • ‘‘Catalogue of Selected Wine Grape It is well adapted to most California action as defined by Executive Order Varieties and Clones Cultivated in regions, ripening fairly late in the 12866. Therefore, a regulatory France,’’ published by the French growing season, after but assessment is not required.

VerDate Aug<30>2002 14:15 Sep 03, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1 Federal Register / Vol. 67, No. 171 / Wednesday, September 4, 2002 / Rules and Regulations 56481

Drafting Information percent in size. The Bureau of Alcohol, soil, elevation, physical features, etc.) The principal author of this document Tobacco and Firearms believes the use which distinguish the viticultural is Jennifer Berry, Regulations Division, of viticultural area names as features of the proposed area from Bureau of Alcohol, Tobacco and appellations of origin in wine labeling surrounding areas; Firearms. and advertising helps consumers • A description of the specific identify the wines they may purchase. It boundaries of the viticultural area, List of Subjects in 27 CFR Part 4 also allows wineries to better designate based on features which can be found Advertising, Customs duties and the specific grape-growing area in which on United States Geological Survey inspection, Imports, Labeling, Packaging their wine grapes were grown. (U.S.G.S.) maps of the largest applicable and containers, Reporting and EFFECTIVE DATE: Effective November 4, scale; and recordkeeping requirements, Trade 2002. • A copy (or copies) of the practices, Wine. FOR FURTHER INFORMATION CONTACT: appropriate U.S.G.S. map(s) with the Authority and Issuance Nancy Sutton, Specialist, Regulations proposed boundaries prominently Division (San Francisco, CA), Bureau of marked. Accordingly, 27 CFR part 4, Labeling Alcohol, Tobacco and Firearms, 221 and Advertising of Wine, is amended as Main Street, 11th Floor, San Francisco, Lodi Expansion Petition follows: CA 94105; telephone (415) 947–5192. ATF received a petition in 1998 from SUPPLEMENTARY INFORMATION: PART 4—LABELING AND Christopher Lee, an attorney ADVERTISING OF WINE Background on Viticultural Areas representing nine San Joaquin County What is ATF’s Authority to Establish a grape growers, proposing to expand the Paragraph 1. The authority citation Lodi viticultural area, 27 CFR 9.107. for part 4 continues to read as follows: Viticultural Area? ATF published a Notice of Proposed Authority: 27 U.S.C. 205. The Federal Alcohol Administration Rulemaking on February 7, 2000, Act (FAA Act) at 27 U.S.C. 205(e) describing the petition and requesting Par. 2. Section 4.91 is amended by requires that alcohol beverage labels adding the name ‘‘Tannat’’, in comments (Notice No. 891; 65 FR 5828). provide the consumer with adequate Evaluation of the comments, alphabetical order, to the list of prime information regarding a product’s grape names, to read as follows: consideration of alternate boundaries, identity and prohibits the use of and the need for additional § 4.91 List of approved prime names. deceptive information on such labels. documentation delayed our publication The FAA Act also authorizes the Bureau * * * * * of this final rule. Tannat of Alcohol, Tobacco and Firearms (ATF) to issue regulations to carry out the The Lodi viticultural area is located * * * * * Act’s provisions. approximately 70 miles inland from the Signed: July 12, 2002. Regulations in 27 CFR part 4, Labeling Pacific coast between Sacramento and Bradley A. Buckles, and Advertising of Wine, allow the Stockton in northern California. The originally approved Lodi viticultural Director. establishment of definitive viticultural area encompasses approximately Approved: August 9, 2002. areas. The regulations allow the name of 458,000 acres. The expansion areas are Timothy E. Skud, an approved viticultural area to be used as an appellation of origin on wine to the south and west of the original Deputy Assistant Secretary, (Regulatory, viticultural area. The expansion areas Tariff, and Trade Enforcement). labels and in wine advertisements. A list of approved viticultural areas is include 93,500 acres with [FR Doc. 02–22382 Filed 9–3–02; 8:45 am] contained in 27 CFR part 9, American approximately 10,840 acres of planted BILLING CODE 4810–13–P Viticultural Areas. wine grapes. The southern addition totals 66,000 acres, with 5,600 vineyard What is the Definition of an American acres. The Calaveras River, the San DEPARTMENT OF THE TREASURY Viticultural Area? Joaquin-Stanislaus County line, State Bureau of Alcohol, Tobacco and An American viticultural area is a Route 4, and Interstate 5 form the Firearms delimited grape-growing region southern expansion’s boundaries. The distinguishable by geographic features western addition includes 27,500 acres, 27 CFR Part 9 such as soil, climate, elevation, with 5,240 acres planted to vines. topography, etc., which distinguish it Eightmile Road west of Interstate 5, RIN 1512–AC92 from surrounding areas. Bishop Cut, a line drawn through a [T.D. ATF–482; Re: Notice No. 891] What is Required to Establish a series of landmarks through the sloughs Viticultural Area? and islands, and the meandering Expansion of Lodi Viticultural Area Mokelumne River to its intersection (2000R–436P) Any interested person may petition with the original western boundary at ATF to establish a grape-growing region the Sacramento County line form the AGENCY: Bureau of Alcohol, Tobacco as a viticultural area. The petition must western expansion area’s boundaries. and Firearms (ATF), Treasury. include: ACTION: Treasury decision, final rule. • Evidence that the name of the The Clarksburg viticultural area proposed viticultural area is locally borders the expanded Lodi viticultural SUMMARY: This Treasury decision and/or nationally known as referring to area on the northwest, while the large expands the existing Lodi viticultural the area specified in the petition; Sierra Foothills viticultural area lies to area located in Sacramento and San • Historical or current evidence that east of the Lodi viticultural area. The Joaquin counties in California. This the boundaries of the viticultural area Lodi expansion neither creates overlaps decision changes the southern and are as specified in the petition; with other viticultural areas nor western boundaries of the Lodi • Evidence relating to the encompasses any smaller viticultural viticultural area, expanding it 17 geographical characteristics (climate, area.

VerDate Aug<30>2002 19:35 Sep 03, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1