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Federal Register/Vol. 81, No. 225/Tuesday, November 22, 2016/Proposed Rules

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Federal Register/Vol. 81, No. 225/Tuesday, November 22, 2016/Proposed Rules 83752 Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Proposed Rules Issued in College Park, Georgia, on obtain copies of the petition and stabilizing, preserving, fermenting, and November 7, 2016. supporting materials. correcting wine and juice. • Ryan W. Almasy, FOR FURTHER INFORMATION CONTACT: Kara Section 5387(a) of the IRC (26 Manager, Operations Support Group, Eastern Fontaine, Regulations and Rulings U.S.C. 5387(a)), which authorizes the Service Center, Air Traffic Organization. Division, Alcohol and Tobacco Tax and production of agricultural wine, classed [FR Doc. 2016–27859 Filed 11–21–16; 8:45 am] Trade Bureau, 1310 G Street NW., Box as ‘‘standard agricultural wine,’’ from BILLING CODE 4910–13–P 12, Washington, DC 20005; phone 202– agricultural products other than the 453–1039, ext. 103. juice of fruit. Such agricultural wine must be made in accordance with good SUPPLEMENTARY INFORMATION: commercial practice as prescribed by DEPARTMENT OF THE TREASURY Background regulation and may be cellar treated in accordance with sections 5382(a) and (c) Alcohol and Tobacco Tax and Trade TTB Authority Bureau of the IRC. Also, section 5387(b) Chapter 51 of the Internal Revenue prohibits the addition of wine spirits, 27 CFR Part 24 Code of 1986, as amended (IRC), 26 coloring material or herbs, or other U.S.C. chapter 51, contains provisions flavoring material (except hops in the [Docket No. TTB–2016–0010; Notice No. concerning the taxation and production case of honey wine) to agricultural 164] of distilled spirits, wines, and beer. The wine, as well as the blending together of RIN 1513–AB61 Alcohol and Tobacco Tax and Trade wines from different agricultural Bureau (TTB) has been delegated commodities. Wine Treating Materials and Related authority to promulgate regulations The regulations promulgated under Regulations pertaining to wine under Chapter 51 of the IRC regarding the production of the IRC. The statutory provisions of the wine are set forth in part 24 of title 27 AGENCY: Alcohol and Tobacco Tax and IRC related to the distilled spirits and of the Code of Federal Regulations (27 Trade Bureau. wine regulations that TTB promulgates CFR part 24) and include, but are not ACTION: Notice of proposed rulemaking. include, but are not limited to, the limited to, the following provisions: • following: 27 CFR 24.10, which contains the SUMMARY: The Alcohol and Tobacco Tax • Section 5002(a)(4) of the IRC (26 definitions of certain terms used in 27 and Trade Bureau (TTB) is proposing to CFR part 24. U.S.C. 5002(a)(4)), which defines the • amend its regulations pertaining to the term ‘‘distiller,’’ in pertinent part, as 27 CFR 24.225, which sets forth production of wine and in particular in including any person who ‘‘(A) rules under which proprietors of a regard to the permissible treatments that produces distilled spirits from any bonded wine premises may withdraw may be applied to wine and to juice source or substance’’ or ‘‘(C) by any and receive spirits without payment of from which wine is made. These process separates alcoholic spirits from tax from the bonded premises of a proposed amendments are in response any fermented substance * * *.’’ distilled spirits plant and add the spirits to natural wine on bonded wine to requests from wine industry members • Section 5171(a) of the IRC (26 premises. to authorize certain wine treating U.S.C. 5171(a)), which requires that • 27 CFR 24.246, which includes a materials and processes not currently operations ‘‘as a distiller’’ only be table that lists the materials authorized authorized by TTB regulations. TTB conducted on the bonded premises of a for the treatment of wine and juice. invites comments on the proposed distilled spirits plant by a person who regulatory changes described in this • 27 CFR 24.247, which includes a is qualified under subchapter B of table that lists materials authorized for document, as well as on other wine chapter 51 of the IRC. treatment issues for which regulatory the treatment of distilling material. • Section 5373 of the IRC (26 U.S.C. • amendments are not proposed in this 27 CFR 24.248, which includes a 5373), which authorizes the document. table that lists processes authorized for promulgation of regulations regarding the treatment of wine, juice, and DATES: Comments must be received by the type of wine spirits that may be used distilling materials. January 23, 2017. in wine production. TTB administers chapter 51 of the IRC ADDRESSES: Please send your comments • Section 5381 of the IRC (26 U.S.C. and its implementing regulations on this document to one of the 5381), which provides that natural wine pursuant to section 1111(d) of the following addresses: is the product of the juice or must of Homeland Security Act of 2002, as • https://www.regulations.gov (via the sound, ripe grapes or other sound, ripe codified at 6 U.S.C. 531(d). The online comment form for this document fruit, made with such cellar treatment as Secretary has delegated various as posted within Docket No. TTB–2016– may be authorized under section 5382. authorities through Treasury 0010 at Regulations.gov, the Federal e- • Section 5382(a) of the IRC (26 Department Order 120–01, dated rulemaking portal); U.S.C. 5382(a)), which provides that December 10, 2013 (superseding • U.S. Mail: Director, Regulations and proper cellar treatment of natural wine Treasury Order 120–01 dated January Rulings Division, Alcohol and Tobacco constitutes those practices and 24, 2003), to the TTB Administrator to Tax and Trade Bureau, 1310 G Street procedures in the United States, of perform the functions and duties in the NW., Box 12, Washington, DC 20005; or using various methods and materials to administration and enforcement of these • Hand delivery/courier in lieu of correct or stabilize the wine, or the fruit laws. mail: Alcohol and Tobacco Tax and juice from which it is made, so as to In addition, TTB consults with the Trade Bureau, 1310 G Street NW., Suite produce a finished product acceptable U.S. Food and Drug Administration 400, Washington, DC 20005. in good commercial practice as (FDA) on whether alcohol beverages are See the Public Participation section of prescribed by regulation. Section adulterated under the Federal Food, this document for specific instructions 5382(c) also authorizes the Drug, and Cosmetic Act (FD&C Act), and requirements for submitting promulgation of regulations setting forth including whether a substance added to comments, and for information on how limitations on the preparation and use an alcohol beverage is an unapproved to request a public hearing or view or of methods and materials for clarifying, food additive. Alcohol beverages are VerDate Sep<11>2014 16:39 Nov 21, 2016 Jkt 241001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\22NOP1.SGM 22NOP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Proposed Rules 83753 considered ‘‘food’’ under the FD&C Act. of ‘‘agricultural wine,’’ ‘‘amelioration,’’ • Yeast nutrients: For the purposes of A substance added to food is a food and ‘‘special natural wine’’ reflect this document, vitamins and minerals additive unless it is otherwise excluded language used in statutory provisions at that aid in the fermentation of juice to from the definition of a food additive sections 5387, 5383, and 5386, wine by acting as food for yeast. under the FD&C Act. For example, the respectively. The definition of ‘‘brix’’ is TTB Administrative Approvals of Wine use of a substance in food that is derived, in part, from statutory and Juice Treatments generally recognized as safe by qualified provisions at sections 5382 and 5393. experts (GRAS) is excluded from the Definitions of industry member and Industry members who wish to definition of a food additive under the yeast nutrients also are provided, experiment with, or commercially use, a FD&C Act. The use of a food additive in although these terms are not specifically treating material or process not food must be authorized by FDA either defined in statutory provisions or specifically authorized in 27 CFR part through a food additive regulation or an elsewhere in the regulations. 24 must file an application with TTB effective food contact notification • Agricultural wine: Wine made from requesting authorization to use the new (FCN). FDA has listed certain GRAS suitable agricultural products other than material or process. TTB may approve uses in its regulations. In addition, FDA the juice of grapes, berries, or other such requests as experiments under 27 has a voluntary notification procedure fruits. CFR 24.249 or allow for the continual by which any person may notify FDA of • Amelioration: The addition to juice use of the new material or process under a conclusion that a use of a substance or natural wine before, during, or after 27 CFR 24.250. Standards regarding approval of the is GRAS. FDA evaluates whether the fermentation, of either water or pure dry experimental use of a new treating notice provides a sufficient basis for a sugar, or a combination of water and material or process are set forth in GRAS conclusion (which results in a sugar to adjust the acid level. § 24.249. The provisions covering ‘‘no questions’’ response) or whether • Brix: The quantity of dissolved FDA believes there is an insufficient applications for commercial use of a solids expressed as grams of sucrose in new material or process are contained in basis for a GRAS conclusion (which 100 grams of solution at 68 degrees F results in an ‘‘insufficient basis’’ § 24.250. Consistent with §§ 24.246 and (20 degrees C.) (Percent by weight of 24.248, TTB may approve the use of response).
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