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Par. 5. In § 602.101, paragraph (c) is designations for American wines bottled FR 13623, March 31, 1982]. According amended by adding entries in numerical prior to January 1, 1997. Alternative to its charter, the Committee was to order to the table to read as follows: names listed at § 4.92(b) may be used as advise the Director of the grape varieties designations for American wines bottled and subvarieties which are used in the § 602.101 OMB Control numbers. prior to January 1, 1999. production of wine, to recommend * * * * * FOR FURTHER INFORMATION CONTACT: appropriate label designations for these (c) * * * Charles N. Bacon, Wine, Beer, and varieties, and to recommend guidelines Spirits Regulations Branch, Bureau of for approval of names suggested for new Current OMB CFR part or section where control num- Alcohol, Tobacco and Forearms, 650 grape varieties. Their recommendations identified and described ber Massachusetts Avenue, NW, were restricted to grape names used in Washington, DC 20226; Telephone (202) the production of American wines. The 927–8230. Committee’s final report, presented to ***** the Director in September 1984, 1.1221±2(d)(2)(iv) ...... 1545±1480 SUPPLEMENTARY INFORMATION: contained their findings regarding use of 1.1221±2(e)(5) ...... 1545±1480 Background the most appropriate names for 1.1221±2(g)(5)(ii) ...... 1545±1480 domestic winegrapes varieties. ATF 1.1221±2(g)(6)(ii) ...... 1545±1480 The Federal Alcohol Administration Act 1.1221±2(g)(6)(iii) ...... 1545±1480 announced that the Committee’s report Section 105(e) of the Federal Alcohol was available to the public in Notice No. ***** Administration Act (FAA Act), 27 548 [49 FR 44049], published on U.S.C. 205(e), vests broad authority in November 1, 1984. the Director, as a delegate of the Margaret Milner Richardson, Notice No. 581 Commissioner of Internal Revenue. Secretary of the Treasury, to prescribe regulations intended to prevent On the basis of the recommendations Approved: December 20, 1995. deception of the consumer, and to contained in the Committee’s final Cynthia G. Beerbower, provide the consumer with adequate report, ATF issued Notice No. 581 on Deputy Assistant Secretary of the Treasury. information as to the identity and February 4, 1986 [51 FR 4392]. This [FR Doc. 96–178 Filed 1–5–96; 8:45 am] quality of the product. Regulations notice proposed the addition of Subpart BILLING CODE 4830±01±U which implement the provisions of J, American Grape Variety Names, to section 105(e) as they relate to wine are Part 4. Within this subpart, § 4.91 set forth in title 27, Code of Federal contained the list of prime grape names Bureau of Alcohol, Tobacco and Regulations, Part 4 (27 CFR part 4). which the Committee had found to be Firearms the most appropriate names for grape Wine Varietal Labeling varieties. Sections 4.92 and 4.93 27 CFR Part 4 Under § 4.34(a), still grape wine may contained alternative names which [T.D. ATF±370; Ref. Notice Nos. 749, 581] be designated by labeling the wine with could be used in conjunction with the the predominant grape(s) from which prime name (§ 4.92), or for five years, in RIN 1512±AA67 the wine is produced. Since 1983, lieu of the prime name (§ 4.93). Section Grape Variety Names for American labeling rules at § 4.23a have provided 4.94 contained guidelines for adding Wines for the use of a grape variety name as new grape variety names to the list of the type designation of the wine if not prime names. AGENCY: Bureau of Alcohol, Tobacco less than 75 percent of the wine is In addition to the recommendations and Firearms, Department of the derived from the labeled grape variety included in the Committee report, Treasury. (less in the case of wine made from Notice No. 581 contained other ACTION: Final rule; Treasury decision. certain Vitis labrusca grapes), and if the proposals. One was to prohibit the wine is labeled with an appellation of modification of grape variety names SUMMARY: The Bureau of Alcohol, origin. Wine may also be labeled with with color or style descriptive terms or Tobacco and Firearms (ATF) is issuing the names of two or more grape varieties with proprietary names. This notice also a final rule containing a list of approved if all of the grapes used to make the proposed to make obsolete certain IRS prime grape variety names which may wine are of the labeled varieties, and the and ATF rulings relating to grape wine be used as the designation for American percentage of wine derived from each designations. The comment period for wines. This rule contains two other lists variety is shown on the label. Notice No. 581 was extended until July of alternative names which may be used In recent years, ATF has noted a trend 7, 1986, by the publication of Notice No. as grape wine designations until January among domestic and foreign wineries to 589, April 8, 1986 [51 FR 11944]. 1, 1997, or January 1, 1999. This rule label wines using a grape variety Written Comments also contains a procedure by which designation. Increasing use of hundreds interested persons may petition the of grape variety names and synonyms ATF received 156 comments from 146 Director for the addition of names to the prompted ATF to examine the different respondents prior to the end of list of prime grape names. correctness of using these names in the comment period on July 7, 1986. ATF believes the listing of approved order to insure that grape variety names Comments were received from: 76 names of grape varieties for American used are truthful, accurate, and not consumers; the American Wine Society; wines will help standardize wine label misleading. 38 American wineries; the Wine terminology and prevent consumer Institute; the Association of American confusion by reducing the large number Winegrape Varietal Names Advisory Vintners; the Washington Wine of synonyms for grape varieties Committee Institute; six grape growers; the currently used for labeling American In 1982, ATF established the California Farm Bureau Federation; the wines. Winegrape Varietal names Advisory California Association of Winegrape DATES: This final rule is effective Committee (‘‘Committee’’) to conduct an Growers; the North Carolina Grape February 7, 1996. Alternative names examination of the hundreds of grape Growers Association; the Oregon listed at § 4.92(a) may be used as variety names and synonyms in use [47 Winegrowers Association; two United Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 523

States Congressmen; the Embassy of viticultural use in the United States 4. Bruce Reisch, Associate Professor, New France; the Embassy of the Federal since publication of the Committee York State Agricultural Experiment Station, Republic of Germany; four foreign wine report. Cornell University at Geneva. producing or exporting companies or 5. R.P. Lane, Associate Professor, Georgia Changes to the List of Prime Names Agricultural Experiment Stations, University associations; the publication Wine East; of Georgia at Griffin. a wine writer; four persons involved in ATF proposed certain changes to the 6. Delegation of the Commission of the academic research or classification of list of prime names, through the European Communities (‘‘EC’’). wine; and four members of the deletion of names which are not the true 7. The Agricultural Counselor, Embassy of Winegrape Varietal Names Advisory names of grape varieties, and through France, Washington, DC. Committee. the addition of certain grape names 8. The Ambassador, Federal Republic of Eleven respondents commented which were previously proposed as Germany, Washington, DC. generally in favor of Notice No. 581, and alternative names. 9. The Counselor for Economic and the proposal to establish a list of wine Commercial Affairs, the Embassy of Spain, grape variety names for domestic use. Approval of New Grape Names Washington, DC. 10. Deutscher Weinfonds, a German quasi- Conversely, a large number of ATF proposed minor changes to the governmental authority (‘‘DW’’). respondents opposed the concept of method of approving new grape names, 11. Verband Deutscher Weinexporteure establishing a list of grape varieties, primarily to provide more flexibility for e.V., and Deutscher Weinbauverband e.V., while many objected to specific grape breeders in naming new varieties. trade associations representing exporters of proposals such as the elimination of German wine, and German wine growers. certain varietal names, and the proposal Gamay Beaujolais 12. Office International de la Vigne et du to prohibit use of color or style No regulatory proposals were made Vin, an international trade association for descriptors in conjunction with grape for Gamay Beaujolais. ATF stated that wine (‘‘OIV’’). variety names. Because of the general 13. Union Interprofessionelle des Vins du Gamy Beaujolais would be the subject of Beaujolais. opposition to the proposals made in future rulemaking. In the interim, 14. Fe´de´ration des Exportateurs de Vins et Notice No. 581, ATF decided to reopen domestic wineries and bottlers could Spiritueux de France, a French trade comment on the subject of grape variety continue to use Gamay Beaujolais on association (‘‘FEVS’’). names. At the same time, ATF modified wine labels. ATF made proposals 15. Institut National des Appellations certain proposals made in that notice. regarding the use of Gamay Beaujolais d’Origine, a French organization concerned with recognition of controlled appellations of Notice No. 749 in Notice No. 793 [59 FR 15878, April 5, 1994]. origin (‘‘INAO’’). Background 16. American Vintners Association, a trade Color and Style Descriptors association representing bonded wineries ATF issued Notice No. 749 on (‘‘AVA’’). September 3, 1992 [57 FR 40380]. ATF eliminated the proposal to 17. National Association of Beverage Although the comment period for this prohibit the use of descriptive or Importers, a trade association representing notice was to have closed on October 5, proprietary terms with grape variety importers of alcoholic beverages (‘‘NABI’’). 1992, several respondents requested its names. 18. Wine Institute, a trade association extension. Notice No. 762, October 26, representing California wineries. Type Designations of Varietal 19. Washington Wine Commission, a trade 1992 [57 FR 48487], reopened the Significance comment period until December 28, association representing Washington 1992. The proposals in Notice No. 749 Notice No. 749 proposed a new type wineries and winegrape growers. 20. Oregon Winegrower’s Association, a differed from those made in Notice No. designation for American wines. These names would designate wines which trade association representing Oregon 581 in the following respects. winegrape growers. have some varietal basis, but are not One List of Alternative Names 21. California Association of Winegrape composed of a specified grape variety Growers, a trade association representing ATF reduced the two lists of such as Muscatel which could be California winegrape growers. alternative grape variety names to a produced using any Muscat grapes. 22. Richard Mansfield, Umpqua Valley single list. This list proposed at § 4.92 Chapter, Oregon Winegrowers Association, a contained grape names which would be Respondents to Notice No. 749 trade association. phased out by January 1, 1997. A few ATF received 55 written comments 23. The U.S. Small Business alternative grape names listed in Notice from 43 respondents. The following is a Administration, Washington, DC. No. 581 were proposed as prime grape list of respondents, their general interest 24. Chicago Wine School, Chicago, IL. 25. Raymond Kelly, a consumer, names, or as synonyms for prime names. in the proposals in the notice, and, Alexandria, Virginia. when appropriate, an abbreviation or Synonyms for Prime Names 26. H. Sichel So¨hne, Inc., a wine import acronym. For the purpose of brevity, company. The proposed list of prime names of these abbreviations or acronyms are 27. Eagle Ridge Winery, a California grape varieties contained synonyms for used throughout this document to winery. some prime names. These synonyms, identify respondents. Following the list 28. Lockwood, a California wine producer. such as ‘‘Fume´ blanc’’ (a synonym for of respondents are organizations and 29. Mt. Palomar Winery, a California Sauvignon blanc), would be acceptable terms which are also used in this winery. designations for wine as long as they document. Abbreviations and acronyms 30. Cain Cellars, a California winery. 31. Wine World Estates, owner of four appeared in direct conjunction with an accompany these names as well. appellation of origin on a wine label. California wineries. 1. H.P. Olmo, Professor Emeritus, 32. Stimson Lane Wine & Spirits, Ltd., Additional Grape Variety Names University of California at Davis, and owner of wineries in Washington State and Committee member. California (‘‘Stimson Lane’’). ATF proposed additional grape names 2. William F. Doering, a Committee 33. Daniel Gehrs Wines, a California wine for inclusion on the list of prime names. member. producer (‘‘Gehrs’’). These names represent newly developed 3. Carole P. Meredith, Associate Professor, 34. Millbrook Winery, a New York winery. varieties as well as some European Department of Viticulture and Ecology, 35. Robert Mondavi Winery, a California vinifera grapes introduced into University of California at Davis. winery (‘‘Mondavi’’). 524 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

36. Long Vineyards, a California wine awareness, while Mondavi stated their Daniel Gehrs Wines commented that producer. overall support of improving labeling California has many acres of grapes 37. Martin Brothers Winery, a California terminology and preventing consumer historically identified as ‘‘Pinot blanc.’’ winery. Wine made from these grapes has been 38. Amity Vineyards, an Oregon winery. deception and confusion. 39. Guenoc Winery, a California winery. marketed as Pinot blanc wine. Gehrs Conclusion: Issuance of a Final Rule on noted that wine produced from these 40. Brown-Forman Corporation, a wine and Grape Variety Names distilled spirits producer and importer grapes does not resemble wine made (‘‘Brown-Forman’’). Based on the overall favorable from Pinot blanc grapes; thus, this wine 41. Heublein Inc., a wine and distilled comments to the proposals made in receives poor consumer recognition due spirits producer and importer. Notice 749, ATF is issuing these final to consumers’ expectation of a white 42. General Vineyard Services, a California regulations on grape variety names. burgundy-type wine. winegrape grower. These regulations are intended to Recent ampelographic identification 43. San Lucas Vineyards, a California winegrape grower. provide specific and accurate labeling of of these so-called Pinot blanc grapes has grape wines labeled with grape variety revealed them to be the variety Melon. Organizations and References names. They are intended to prevent In the interest of accurately identifying A. Winegrape Varietal Names Advisory consumer deception by eliminating their wines, winemakers are now faced Committee (‘‘Committee’’). misnamed grape variety names, and by with the task of marketing wine made B. Foundation Plant Materials Service eliminating the use of many synonyms from these so-called Pinot blanc grapes (‘‘FPMS’’), a service of the University of for prime grape names. They are as Melon wine. Gehrs, the Wine California at Davis which lists registered expected to aid in the identification of Institute, and General Vineyard Services grape selections. The November 1, 1993, grape wines by consumers and to make objected to using the variety name California Grape Register is used as reference. Melon to label a grape wine. They noted C. A Practical Ampelography, Grapevine labels easier to understand through the Identification, by Pierre Galet, c. 1979, use of more meaningful labeling terms. that consumers are not familiar with the Cornell University Press (‘‘Galet’’). Finally, ATF believes these regulations name Melon, and that consumers do not D. Vines, Grapes and Wines, by Jancis will enable consumers to be better associate this term with a grape wine; Robinson, c. 1986, Alfred A. Knopf informed about wines and the grape rather consumers equate the word (‘‘Robinson’’). varieties used to produce them. Melon with a fruit. These respondents requested that Muscadet be listed as a General Comments to Notice No. 749 There are changes made in this final rule from the regulations proposed in synonym for Melon. They stated that Sixteen respondents specifically Notice No. 749 and from those first Melon is the grape of the Loire region stated their support for the proposals proposed in Notice No. 581. The used to produce Muscadet wines and made in Notice No. 749. Other changes are a result of comments made that millions of cases of Melon wine are respondents commented on specific by respondents over a lengthy period of sold each year under the Muscadet proposals by requesting changes to time. These changes recognize certain designation. Thus, there would be better particular aspects of the proposals. No marketing realities, and take into consumer understanding of wine made respondents generally opposed the consideration past and present with Melon grapes if it were labeled proposed regulations. recognition of names used and known Muscadet since consumers are familiar NABI stated their support of ATF’s with the type of wine now labeled intentions to prevent consumer by consumers and industry. Following is a summary of the proposals, written Muscadet. Gehrs stated that Muscadet confusion by reducing the number of used as a variety name would convey synonyms for grape varieties currently comments, and changes made as a result of those comments. useful information to consumers about used in labeling American wines. The the style and taste of the wine while EC likewise concurred with ATF’s Prime Names and Synonyms listed in Melon would not. decision to standardize wine grape § 4.91 Furthermore, Gehrs noted that names and to eliminate incorrect or California wineries must redesignate General misnamed varieties. The Embassy of their existing ‘‘Pinot blanc’’ grapes, a France expressed their support of ATF’s Notice No. 749 contained a list of process which will impose an economic objective to prevent confusion or prime grape names and synonyms listed burden on producers. By authorizing misunderstanding for consumers by in alphabetical order in § 4.91. Either Muscadet as a synonym for Melon, it reducing the number of synonyms for the prime name or a synonym listed would be easier for them to phase out grape variety names, and for requiring could be used standing alone on a label the name Pinot blanc and switch to the accurate use of those names. NABI as the designation for a wine. ATF Muscadet. The Wine Institute noted that favored ATF’s stated goal that grape received many comments concerning Muscadet is unlike other similar- variety names used by domestic the listing of prime grape names in sounding designations such as Muscatel wineries be truthful, accurate, and not § 4.91. Comments requesting that new or or Muscadine, that Muscadet does not misleading. additional names be added to the list are resemble these wines, and that Wine Institute supported ATF’s discussed under the ‘‘New grape variety Muscadet is not likely to be sold under attempt to issue regulations which strike names’’ section of the preamble. the same circumstances as these other a balance between ampelography (the Comments addressing the use of wines. Thus, consumer confusion study and classification of grape vines), synonyms for the prime names listed in among these names would be minimal. scientific terms, and consumer § 4.91 are discussed below. ATF finds that Galet uses the names understanding. The Oregon Melon and Muscadet interchangeably in Winegrower’s Association stated they Melon/Muscadet his Practical Ampelography, and that were supportive of ATF’s approach to Three respondents requested that other ampelographic sources list them regulation of varietal names and Muscadet be listed as a synonym for the as synonyms. However, ATF can find no acknowledged the problems of prime name Melon. A fourth respondent evidence of use of the name Muscadet regulating such names for the first time. requested that the full name ‘‘Melon de to designate wine made from this grape Stimson Lane cited ATF’s concern for Bourgogne’’ be listed as the prime name in the United States. While its use might ampelographic accuracy and consumer for this grape variety. avoid some of the problems inherent Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 525 with a wine designated Melon, ATF is listing Fume´ blanc as a synonym Texas winery which requested the historical past usage does not support for the prime name Sauvignon blanc in addition of ‘‘Primitivo de Gioia’’ to the the name Muscadet for domestic wines. § 4.91. list. ATF proposed Primitivo rather than Thus, ATF is not listing Muscadet as a Each of these respondents requested a name incorporating one of the many synonym for Melon in § 4.91. that ATF prohibit the term ‘‘Fume´’’ from clones or regional names for this grape In their comment, Eagle Ridge Winery being used with any other grape variety in order not to introduce foreign place requested that the full name ‘‘Melon de name. The AVA stated that Fume´ blanc names as part of a grape variety name Bourgogne’’ be listed as the prime name has gained wide consumer acceptance, used in the United States. for this grape variety. ATF finds that but that allowing ‘‘Fume´’’ to be used Information available to ATF at the Melon de Bourgogne is the actual name with other grape varieties would lead to time Notice No. 749 was published of this variety which reflects the origin unintended consumer confusion with indicated that Primitivo and Zinfandel of this grape in Burgundy. Although Fume´ blanc. They stated this action were separate grape varieties rather than modern wine labeling seldom would hurt wineries that have invested different names for the same grape incorporates the full name of this grape, time and money establishing consumer although ATF sought additional it is entirely accurate to use the full recognition for Fume´ blanc. Mondavi information on this issue. Five name. Furthermore, ATF believes that concurred that permitting ‘‘Fume´’’ to be respondents commented on the consumers are less likely to associate a used with other grape varieties would relationship between these two grape wine labeled as Melon de Bourgogne lead to consumer confusion. They stated names. with the fruit melon. Although this that Fume´ blanc must be viewed as a Carol P. Meredith, of the Department variety incorporates the geographic whole, indivisible term meaning of Viticulture and Enology at the place name ‘‘Bourgogne,’’ the required Sauvignon blanc. Mondavi cited its University of California at Davis, use of an appellation of origin with a financial commitment in building the commented that DNA examination of grape variety name would serve to success of Fume´ blanc wines, and stated these two varieties showed them to have dispel any erroneous impression about that introduction of other varieties the identical ‘‘fingerprint.’’ This the true origin of the wine which might labeled with the term ‘‘Fume´’’ would technique is currently being utilized as otherwise arise, provided the destroy the level of consumer an aid in identifying grapes since each ´ appellation of origin is in strict recognition of the name Fume blanc and grape variety reveals a unique DNA compliance with the requirements of impose significant financial harm on ‘‘fingerprint.’’ She commented that UC § 4.34(b). Mondavi and other wineries. Davis research on Primitivo is limited to Thus, subject to the condition that the ATF agrees in part. ‘‘Fume´’’ is a two accessions of Primitivo grapes from requirements of § 4.34(b) are strictly descriptive term which, through Italy, and that these may not represent complied with, ATF is listing the name industry use and consumer acceptance the full range of Primitivo cultivars. Melon de Bourgogne as the prime name of the product, has acquired a particular Furthermore, she commented that for this grape variety in the list of prime meaning. We agree that certain uses of Primitivo may be a generic term which names in § 4.91. Melon is listed as a the term Fume´ have potential to be actually includes more than one grape synonym which may also be used for confusing to consumers. Specifically, cultivar in Italy; i.e., the Italian designating domestic wines. we believe that use of the term ‘‘Fume´’’ in conjunction with another grape Primitivo may encompass grapes which ´ Sauvignon Blanc/Fume Blanc variety name containing the term are not identical to Zinfandel. Fume´ blanc and Blanc Fume´ were ‘‘blanc,’’ or with another grape variety Eagle Ridge Winery and William F. both proposed as synonyms for name to which the descriptive term Doering both commented that Primitivo Sauvignon blanc in Notice No. 581. On ‘‘blanc’’ is being used, could be and Zinfandel are the same variety but the basis of written comments, ATF confusing to consumers and possibly that Zinfandel is the name used for this concluded that Fume´ blanc was a valid misleading. Thus, ATF will not approve grape in California for more than 150 synonym for Sauvignon blanc; however, any certificates of label approval years. there was no support expressed for the (COLA’s) for a domestic wine (other Wine World Estates and the California name Blanc Fume´. Comments also than ‘‘Fume´ blanc’’) which contain both Association of Winegrape Growers indicated that ‘‘Fume´’’ is a descriptive the terms ‘‘Fume´’’ and ‘‘blanc;’’ e.g., commented that there is no conclusive term meaning smoky, and is used to COLA’s will not be approved for a wine evidence that Primitivo and Zinfandel describe the smoky or ‘‘flinty’’ flavor of designated as ‘‘Pinot blanc Fume´,’’ are the same grape. Wine World Estates Sauvignon blanc wines produced in the ‘‘Fume´ Seyval blanc,’’ and so forth. further stated that Primitivo is used in Loire region and labeled with the However, ATF is not convinced that Europe to identify a number of grape French appellation of origin ‘‘Blanc the use of ‘‘Fume´’’ in every other varieties and thus, a grape called Fume´ de Pouilly.’’ instance would be misleading or Primitivo may not be identical to Based on these comments, ATF confusing; e.g., wine designated ‘‘Fume´ Zinfandel. ATF notes that the FPMS proposed Fume´ blanc (but not Blanc Chardonnay’’ is unlikely to be confused lists Primitivo as a distinct grape variety Fume´) as a synonym for the prime name with Sauvignon blanc or Fume´ blanc. and not as a synonym for Zinfandel. Sauvignon blanc in Notice No. 749. ATF Thus, ATF will examine on a case by ATF concludes that the comments also noted that Fume´ could be used as case basis any application for a COLA support listing Primitivo and Zinfandel a descriptive term with any grape which contains a grape variety name as separate grape varieties. Although it variety name. and the term ‘‘Fume´’’ to see if the is possible that Zinfandel may be Three respondents favored listing overall name is potentially misleading. identical to some Primitivo grapes, it Fume´ blanc as a synonym for Sauvignon appears that the term Primitivo may blanc. Wine World Estates, Mondavi, Zinfandel/Primitivo represent other grape cultivars as well; and the AVA favored it because of the Notice No. 749 proposed Zinfandel consequently, the two terms cannot be widespread use of Fume´ blanc and its and Primitivo as separate grape varieties used interchangeably. Thus, Primitivo recognition by industry and consumers in § 4.91. Primitivo, an Italian grape, and Zinfandel are listed as prime grape as a synonym for Sauvignon blanc. was added to the list of prime names at names in § 4.91 and are not listed as Based on these favorable comments, the request of Cypress Valley Winery, a synonyms for each other. 526 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Cabernet/Cabernet Sauvignon In the interest of providing accurate ATF finds few wines are designated ATF Ruling 74–25, 1974 ATF C.B. 48, grape variety identification, ATF is not with either name although this grape permits the labeling of wine as listing ‘‘Cabernet’’ as a synonym for has been extensively used in producing ‘‘Cabernet’’ if 75 percent of its volume Cabernet Sauvignon. However, due to non-varietal wines and blends. (51 percent prior to January 1, 1983) is its past use, ATF is listing ‘‘Cabernet’’ However, we note that the purpose of derived from Cabernet Sauvignon as an alternative name in § 4.92(b) for the list of grape names in § 4.91 is to grapes. This ruling was intended to use until January 1, 1999. Concurrently, provide accurate identification of grape prevent consumer deception through ATF Ruling 74–25 is declared obsolete varieties used in producing wine. The the use of less expensive grapes such as as of the effective date of this final rule. listing of a grape name there does not denote ‘‘quality’’; it merely reflects Ruby Cabernet in a wine labeled Durif/Petite Sirah recognition of the grape variety name. ‘‘Cabernet.’’ Notice No. 581 proposed to make this These names were proposed as Since ATF finds that both names are ruling obsolete which would preclude synonyms in Notice No. 749. Three equally valid for this grape variety, both Thompson Seedless and Sultanina are the labeling of Cabernet Sauvignon or respondents commented on this listed as prime grape names and as any other wine as ‘‘Cabernet.’’ Notice proposal. synonyms. No. 749 proposed listing ‘‘Cabernet’’ as The OIV commented that the a synonym for Cabernet Sauvignon. officially recognized OIV name for this Pinot Gris/Pinot Grigio grape is Durif, and not Petite Sirah. Five respondents commented. World ATF proposed Pinot gris as a prime Wide Estates supported the proposal to Wine World Estates concurred with the proposal to list ‘‘Duriff’’ as a synonym name in § 4.91 and Rula¨nder as an permit ‘‘Cabernet’’ to be used as a alternative name in § 4.91 be phased out synonym for Cabernet Sauvignon. The for Petite Sirah unless evidence is presented to the contrary. by 1996. Pinot Grigio was not proposed OIV noted that ‘‘Cabernet’’ does not in either section. correspond to the actual grape variety Carole P. Meredith, the University of Long Vineyards and Martin Brothers name, and the name ‘‘Cabernet’’ is not California, Agricultural Experiment Winery both requested that Pinot Grigio specific as to the actual grape variety it Station at Davis, stated that the be listed as a synonym for Pinot gris. indicates. University’s examination of Petite Sirah Long Vineyards stated they are Eagle Ridge Winery and Brown- and Durif holdings show their Petite disadvantaged when selling their Pinot Forman objected to listing ‘‘Cabernet’’ as Sirah vines to be two or more different gris versus Italian wines labeled as Pinot a synonym. Eagle Ridge stated that other grape varieties. Furthermore, the Grigio. Furthermore, they stated that variety names contain the word Experimental Station’s recent DNA due to worldwide sales of the Italian Cabernet and it is incorrect to assume research shows that the grape called wine, consumers are more familiar with that the label term ‘‘Cabernet’’ by itself Petite Sirah and the Durif grape have the varietal designation Pinot Grigio would not confuse consumers. Brown- different DNA ‘‘fingerprints,’’ and are than they are with the name Pinot gris Forman commented that permitting therefore probably different cultivars or Rula¨nder. Martin Brothers also cited ‘‘Cabernet’’ to stand only for Cabernet rather than the same grape. the popularity of Italian Pinot Grigio Sauvignon is prejudicial to producers of Consequently, ATF is listing both Durif wines in requesting this name be made other varieties such as Cabernet Franc or and Petite Sirah as prime names in a synonym for Pinot gris. Cabernet Pfeiffer. They stated that there § 4.91 and not as synonyms. We will Based on the evidence that some is absolutely no consumer confusion if continue to seek evidence regarding the United States wineries are labeling their each of the three Cabernet grapes is true identity of the grape called Petite Pinot gris as Pinot Grigio, and the fact labeled with its full name. Sirah. that this term has gained consumer Cain Cellars commented that ATF has Thompson Seedless/Sultanina acceptance due to the large number of permitted the term ‘‘Cabernet’’ to Italian Pinot Grigio imported into the include Cabernet Franc, but offered no This grape variety is one of two the United States, ATF is listing Pinot evidence of such use. They further Committee recognized as having Grigio as a synonym for the prime name suggested that this term should be synonyms which could be equally Pinot gris in § 4.91. ATF notes that this permitted to refer to the entire family of accepted as the prime name. grape is known by many names Cabernet varieties including Cabernet Consequently ATF proposed the use of throughout winegrowing regions of the Sauvignon, Cabernet Franc, Merlot, both names as prime names, with either world, but that Pinot gris and Pinot Malbec, and Petit Verdot. Accordingly, name permitted without qualification. Grigio appears to be the most commonly ‘‘Cabernet’’ would become a designation In doing so, ATF noted that neither used names for this grape in the United of varietal significance to include any of name is commonly used in wine States. these grape varieties. labeling although Thompson Seedless is ATF agrees with the respondents who well known to consumers as a table Colombard/French Colombard oppose use of ‘‘Cabernet’’ as a synonym grape. On the basis of strong support for for Cabernet Sauvignon. As noted by the Brown-Forman commented these continued use of the name French OIV, ‘‘Cabernet’’ does not correspond to names should not be used Colombard, this name was proposed in an actual grape variety name, nor is this interchangeably. They argued that Notice No. 749 as a synonym for the term specific as to the grape variety to Thompson Seedless is an inferior grape prime name Colombard. which it refers. While ‘‘Cabernet’’ has which makes poor quality wine, and Three respondents commented on the been used for some years to label that use of the name Sultanina would use of French Colombard as a synonym. Cabernet Sauvignon wines, other mislead consumers. The EC commented Wine World Estates supported the ‘‘Cabernet’’ grapes exist, and consumers that Sultanina is used for table grapes proposal to list it as a synonym. William could be confused as the actual grape and raisins, but rarely used in wine F. Doering supported this proposal variety intended. Conversely, there can production. They argued that its use for because of the economic and marketing be no consumer confusion as to the designating wine would be misleading importance of French Colombard. Eagle grape variety if the actual variety name and that ATF should phase out use of Ridge Winery commented that appears on the label. this name. consumers would not be misled if the Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 527 word ‘‘French’’ was deleted as part of they are indeed the same grape variety. grape is the Tempranillo, a Vitis vinifera the name. Consequently, ATF is listing them as native to Spain and used in producing Based on historical usage and synonyms in the list of prime grape Rioja wines. While well known and consumer recognition of this term, ATF names in § 4.91. Due to the long- cultivated in Spain, Portugal, France, is listing French Colombard as a standing use of both names, their and Argentina as Tempranillo, this synonym for the prime name consumer recognition, and the grape is known as Valdepen˜ as only in Colombard, provided that an impossible task of ascribing ‘‘one prime California. ATF notes that the FAMS appellation of origin appears in direct name’’ to this grape, each name is listed listing of registered grape selections conjunction with French Colombard, in alphabetically in this section with the shows Tempranillo as a synonym for strict compliance with the requirement other name following in parentheses as Valdepen˜ as. of § 4.34(b). a synonym. In the interest of correctly identifying Mourve`dre/Mataro ATF notes that other synonyms exist grape varieties, ATF is listing for this grape variety and that Norton Tempranillo as the prime name of this ` ATF proposed the name Mourvedre as Seedling and Virginia Seedling are grape variety in § 4.91. Valdepen˜ as is a synonym for Mataro due to use of this listed as alternative names for Norton in listed as a synonym for Tempranillo in name in labeling domestic wines. Wine § 4.92. this section. ATF will give future World Estates supported this proposal consideration to phasing out the name while EC commented that Mataro is a Vignoles/Ravat 51 Valdepen˜ as. geographic name in Spain and should ATF proposed Vignoles as a synonym be phased out in favor of Monstrell. for the prime name Ravat 51 in Notice Miscellaneous Synonyms ATF finds that ampelographers such No. 749. Bruce Reisch, Cornell Lemberger was proposed as an as Galet list Mataro and Mourve`dre as University Department of Horticultural alternative spelling for Limberger in synonyms. It is difficult to establish one Science at Geneva, and William F. proposed § 4.91. William F. Doering prime name since these different names Doering supported this proposal, and it noted that the name Lemberger has reflect the Spanish and the French name is adopted. long-recognized viticultural and for this grape. However, ATF finds that ATF notes that Ravat 51 is the prime commercial usage, and he concurred Mourve`dre enjoys greater use in labeling name for this grape but that other with the proposal to list it as a spelling wine in the United States. For this numbered Ravat hybrids exist. variation for the prime name Limberger. reason, ATF is listing Mourve`dre as the Consequently, ATF will not approve Because of its commercial use in the prime name in § 4.91. As stated in labels showing only ‘‘Ravat’’ as the United States, ATF is listing Lemberger Notice No. 749, ATF does not believe grape variety; labels must specify the as a synonym for the prime grape name there is any reason to deny use of a Ravat hybrid number or use an Limberger. grape variety name to United States approved synonym. winemakers simply because that name Eagle Ridge Winery commented that bears a resemblance to a foreign name Campbell Early/Island Belle Green Hungarian is actually Sylvaner, of geographic significance. Thus, Mataro Island Belle was proposed as an and that the term Green Hungarian is is retained as a synonym for the grape alternative grape name to be phased out not used except by a few domestic variety Mourve`dre in § 4.91, provided by 1996 in favor of the prime name producers. No evidence was submitted that when Mataro is used to indicate the Campbell Early. While no comments in support of this comment. grape variety, an appellation of origin were submitted regarding the use of While the origin or identification of appears in direct conjunction with either name, ATF has received Green Hungarian remains uncertain, Mataro in strict compliance with the additional information concerning this ATF has no information which supports requirements of § 4.34(b). grape. The Island Belle grape was Eagle Ridge Winery’s comment that developed about 1898 by Adam Eckert Green Hungarian is actually Sylvaner; Cynthiana/Norton in western Washington State. This grape therefore, this comment is not adopted. Bruce Reisch, Cornell University is believed to be either a clone of The OIV commented that several Department of Horticultural Science at Campbell Early or a hybrid derived from prime names in § 4.91 are not the Geneva, submitted evidence that these a Concord. The Island Belle grape is official OIV names. Names identified by grapes are the same variety. Reisch currently used in winemaking in the OIV include Black Malvoisie which indicated that his examination of Washington State and the wine enjoys a they list as Cinsaut, Burger which they cultivars of Cynthiana and Norton vines, degree of consumer recognition. list as Monbadon, and Charbono which taken from wineries and nursery stock Due to the current use of the name they list as Corbeau. in Arkansas and Missouri, revealed Island Belle in winemaking, and the fact ATF acknowledges that although them to be identical based on isozyme that the true identity of this grape is these grapes are known by the names and ampelographic characteristics. He uncertain, ATF is retaining the name by suggested by the OIV, the names further stated that these grapes are of listing Island Belle as a synonym for the proposed in § 4.91 are more commonly Vitis aestivalis ancestry, but that vines prime name Campbell Early in § 4.91. employed in winemaking in the United were introduced using different names ATF would take action to list Island States. Therefore, ATF is not changing in Virginia and Arkansas in the last Belle as a prime name in this section these names as requested. In the case of century. Reisch also cited an 1891 should future research indicate that it is Black Malvoisie and Cinsaut, both are report to the Missouri State a distinct variety rather than a clone of listed in § 4.91, with Cinsaut listed as Horticultural Society indicating that Campbell Early. the prime name and Black Malvoisie as these varieties were actually the same a synonym. grape. ATF notes that horticulturists Valdepen˜ as and Tempranillo Wine World Estates commented have debated this question for more Valdepen˜ as was proposed as a prime favorably on the proposed listing of than a century. name in § 4.91. While there were no Gewu¨ rztraminer and Traminer as Based on Reisch’s comment and the comments addressed to this name in separate prime names in § 4.91. Eagle evidence contained in the isozyme of response to Notice No. 749, ATF has Ridge Winery commented that these two cultivars, ATF concludes that received information indicating that this Gewu¨ rztraminer is a spicy version of 528 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Traminer and that only Gewu¨ rztraminer some older European grape varieties intent to standardize grape variety should be listed. which were known by local or regional names. NABI favored the original Evidence is mixed on whether names, and which have received a proposal to permit alternative names to Gewu¨ rztraminer and Traminer are degree of consumer acceptance. The be used only in conjunction with the distinct grape varieties. The FPMS lists Committee noted that these alternative prime name on the label, and favored them as separate registered grape names, due to regulatory precedent and phasing out these alternative names selections while the OIV lists these commercial history, should be the after a period of time. names as synonyms. Because the exception to the general finding that, We are adopting the list of alternative evidence is inconclusive, ATF is listing whenever possible, synonyms should be names proposed at § 4.92. While ATF each as a prime name in § 4.91 and not eliminated in the shortest practical time. wishes to reduce the number of as synonyms for the same grape. No time period was given for phasing alternative names and synonyms, we Eagle Ridge Winery commented that out these synonyms. find it is impossible to phase out use of Kleinberger is actually Ebling and is The Committee report also noted that these names immediately. Many of them known by that name in Germany. ATF some grape varieties are misnamed or have been used for decades in labeling concurs with this comment but finds incorrectly identified, but that these wines and consumers are familiar with that this grape is well known by the names have received a degree of them. Wineries have large investments name Kleinberger as well as by other consumer acceptance. In order to in labels, packaging material, and synonyms. In view of the limited use of prevent economic hardship to growers advertising which utilize these names. the name Ebling in the United States, and winemakers, the Committee Wineries also have substantial ATF is not authorizing it as a synonym recommended these names be phased ‘‘goodwill’’ associated with some of for this Kleinberger. out over a five-year period. This second these variety names. list contained 52 alternative names. With respect to Wine World Estate’s Orther Synonyms comment that the January 1, 1996, date Notice No. 581 ATF received no comments regarding is too short a transition period, ATF the following prime names and ATF proposed two lists of alternative notes that it first proposed phasing out synonyms proposed in § 4.91: Muscat grape variety names, one containing most of these names in Notice No 581, Hamburg/Black Muscat; Meunier/Pinot names to be used only in conjunction published in 1986. That proposal would Meunier; Rkatziteli/Rkatsiteli; Seyval/ with the prime name and one have terminated use of most of these Seyval blanc; Shiraz/Syrah; Ugni blanc/ containing names to be phased out at a names within five years. We believe that Trebbiano. Therefore, these names are future date. Respondents submitted the wine industry has been given ample adopted as prime names and synonyms. many written comments on this issue, notice that these names would be and as a result, ATF modified this phased out. However, because of the Prime Names and Synonyms proposal. delay in publishing this final rule, ATF ATF has reorganized § 4.91 by listing Notice No. 749 is adopting January 1, 1997 as the only one prime name for each grape termination date for all names proposed variety. ATF has drawn the distinction In this notice ATF proposed only one for inclusion in § 4.92(a) by Notice No. between prime names and synonyms list of alternative names. ATF proposed 749. primarily on the basis of the final phasing out these 54 names, appearing In this final rule, ATF is adding new Committee report but with some at § 4.92, as of January 1, 1996. Other names to the list of alternative names. exceptions Synonyms and authorized names were removed from the list of In order to provide an adequate spelling variants appear in parentheses alternative names and proposed as transition period for phasing out these following the prime name, but have no synonyms to prime names in § 4.91; i.e., new names, ATF is permitting their use separate alphabetical listing except in they could stand alone on a label as a until January 1, 1999. the case of Thompson Seedless and designation and would not be phased out in the future. Specific Comments on Alternative Sultanina, and Cynthiana and Norton. Names In the Case of the Riesling grape, General Comments on Alternative Several respondents commented that Riesling is listed as the prime name and Names White Riesling appears as a synonym. specific alternative names be made ATF received only three comments Synonyms and spelling variants may be synonyms for prime grape names in addressing the issue of permitting used, standing alone, as the designation order to prevent them from being alternative names. William F. Doering of a wine. phased out. concurred with the proposal for a single Alternative Names for Grape Varieties, list of alternative names to be phased Gutedel § 4.92 out in the future. Wine World Estates Gutedel was proposed as an agreed with the concept to phase out alternative name for Chasselas Dore´. Background these alternative names over time, but Eagle Ridge Winery commented that The final Committee report due to the economic consequences, Gutedel is the correct name in its acknowledged that many grape varieties stated that the proposed date of January homeland of Germany, that Chasselas are known by more than one name, 1, 1996, did not allow a long enough Dore´ is not as commonly used, and some by several names. As part of its transition period. requested that Gutedel be listed as a deliberations, the Committee selected a NABI opposed the proposal. They synonym in § 4.91. preferred ‘‘prime name’’ for each variety supported the Committee According to the OIV listing of grape and considered alternative names and recommendation to eliminate synonyms variety names, Gutedel is the name synonyms. It then recommended two in labeling and to use only the prime commonly used in Germany and lists of alternatives names. The first name as a designation. NABI stated that Switzerland, while Chasselas Dore´ is contained synonyms which, if used on permitting alternative names would lead listed as the primary name in Canada, a label, would be required to appear in to consumer confusion due to the large Chile, France, Romania, and Italy direct conjunction with the prime name. number of synonyms and alternative (Chasselas Dorato). The FPMS lists These alternative names referred to names, and would be contrary to ATF’s Chasselas Dore´ but not Gutedel as a Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 529 registered grape selection, while the Refosco recommendations regarding the use of State of Oregon authorizes Chasselas Refosco was proposed as an other grape variety names which Dore´ as the only varietal designation for alternative name for Mondeuse. Four incorporate the term Riesling. wine made from this grape. respondents requested that Refosco be Riesling as a Prime Name made the prime name of this grape. Based on this evidence, ATF finds ATF proposed White Riesling and ´ Lockwood, a California company which that the name Chasselas Dore is more Johannisberg Riesling as prime names in produces a varietal Refosco wine, stated commonly used in the United States. Notice Nos. 581 and 749, but did not that this wine is nationally recognized Thus, ATF is not adopting this comment propose to permit use of the name as Refosco, and that to eliminate this to list Gutedel as a synonym for Riesling. Notice No. 749 stated that this name would cause them economic Chasselas Dore´. Gutedel remains listed proposal was intended to create a clear hardship. Wine Institute noted that the in § 4.92(a) as an alternative name to be distinction between those grapes which California grape crush report uses phased out by January 1, 1997. in the past were labeled as ‘‘Riesling’’ Refosco and Mondeuse as synonyms. but which were not the true Riesling Pineau de la Loire They further stated that several wineries grape and the true White Riseling grape. are releasing a varietal Refosco wine and This name was proposed as an Accordingly, the term ‘‘Riesling’’ would that consumers understand this term. alternative name for Chenin blanc. no longer be used to label grapes made San Lucas Vineyards stated they have Three respondents, the Embassy of from Emerald Riesling or other so-called sold Refosco grapes for years to several France, Brown-Forman and Wine World Riesling grapes. wineries. They also cited Refosco as a ATF received comments from 19 Estates, supported this proposal citing more pleasant and marketable name the fact that a grape should not contain respondents regarding Riesling issues. than Mondeuse. Wine World Estates Sixteen of them favored permitting the a ‘‘Pinot’’ or ‘‘Pineau’’ designation noted that the FPMS lists Refosco rather unless it is a true Pinot grape. Since term ‘‘Riesling’’ (with or without than Mondeuse as the name of their synonyms) as a prime name, or as a type Chenin blanc is not a true Pinot grape, registered grape selections. ATF is continuing to list Pineau de la designation of varietal significance. The difference between these names Thirteen respondents stated that Loire as an alternative name in § 4.92(a) is attributable to place of cultivation, to be phased out as of January 1, 1997. Riesling is the true name of this grape, with Refosco being the Italian name and and that ATF should not prohibit Pinot Chardonnay Mondeuse being the French name for American winemakers from using it to this grape. ATF finds no prejudice label their wines. Respondents This name was proposed as an toward use of either name, and both supported this position by stating that it alternative name for Chardonnay. have received a degree of consumer is unacceptable for the United States to William F. Doering and Wine World recognition in the United States. ATF is, deny American winemakers use of the Estates both supported this proposal therefore, adopting these comments by accepted world-wide name for the because this grape is not a true Pinot listing Refosco as a synonym for Riesling grape and cited the fact that grape. ATF continues to list Pinot Mondeuse in § 4.91. German wines are labeled simply Chardonnay as an alternative name in Other Alternative Names Riesling. The Federal Republic of § 4.92(a) to be phased out by January 1, Germany commented that consumers 1997. Other names proposed in § 4.92 are would be confused or misled if other retained as alternative names except as names are used to designate a Riesling Muscadelle noted above. Names appearing at wine. The Oregon Winegrowers § 4.92(a) may be used for wine Association commented that without Notice No. 749 listed Muscadelle as designations until January 1, 1997. See an alternative name for the prime grape use of the term Riesling, U.S. also the preamble discussion of names winemakers would be at a competitive name Sauvignon vert. In their comment, similar to appellations of origin for the OIV noted that the official OIV disadvantage against German wines. comments on Saint Emilion, and the Amity Vineyards stated that consumers recognized name for this grape is preamble section entitled ‘‘Riesling Muscadelle. Wine Institute commented might think that German Riesling is a issues’’ for a discussion of Franken wine different from an American that California uses Muscadelle as the Riesling. prime name for this grape in its annual Riesling. The increasing acceptance of grape crush report. Riesling Issues American wines in the international wine community was cited by H. Sichel The FPMS lists both Sauvignon vert Background So¨hne as an important reason to allow and Muscadelle (du Bordelais) as The final report of the Winegrape the designation Riesling to be used on registered grape selections while Oregon Varietal Names Advisory Committee American wines. only permits Muscadelle to be used for focused extensively on Riesling issues. The Washington Wine Commission varietal labeling of this wine. It noted that Johannisberg Riesling has stated that consumers identify strongly Furthermore, examination of wine long been recognized as an American with the Riesling name and that literature indicates that the grape which term in order to distinguish the White wineries have worked hard to cultivate is called Sauvignon vert in California is Riesling from other grape varieties a positive image for Riesling among actually the Muscadelle grape. which are not true Rieslings. The consumers. Moreover, the prohibition of Based on this evidence and the Committee recommended that White Riesling as a prime name would exclude comments received on this issue, ATF is Riesling and Johannisberg Riesling be the ability to market a ‘‘Dry Riesling’’ or listing Muscadelle as the prime name permitted as equal synonyms for this ‘‘Blush Riesling’’ wine, a position also for this grape in § 4.91. Concurrently, grape. Furthermore, it recommended endorsed by Stimson Lane, and by the we are removing Sauvignon vert from that the term Riesling not be permitted Oregon Winegrowers Association. This that list and according it alternative to stand alone as the name of an association cited Oregon law which name status. It is added to the new American grape variety, but gave no prohibits use of Johannisberg Riesling listing of names in § 4.92(b) which may explanation for this position. The final on a wine label, thus requiring Oregon be used until January 1, 1999. Committee report made wineries to market either a Riesling or 530 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

White Riesling wine. They stated that wines composed of a number of so- for American Riesling wine. H. Sichel denial of the ability to market a Riesling called Riesling grapes. This would be a So¨hne favored retaining White Riesling wine would cause Oregon wineries misleading use of the name since as an alternative name. NABI supported severe economic hardship. Other Riesling is accepted world-wide, as well Riesling as the prime name but favored respondents favoring listing Riesling as as within the United States, as permitting White Riesling as an a prime name included the EC, the OIV, representing a specific, identified grape alternative. Brown-Forman supported the DW, NABI, the AVA, Eagle Ridge variety. Due to the enormous the proposal to list White Riesling and Winery, and Umpqua Valley Chapter, preponderance of wines labeled Riesling Johannisberg Riesling as prime names, Oregon Winegrowers Association. and made from the White Riesling and to prohibit the term Riesling from Three respondents including Wine grape, ATF believes it would be standing alone. Wine World Estates Institute, Heublein, and Wine World deceptive to permit wines made from commented in favor of permitting both Estates favored listing Riesling in § 4.28 Emerald Riesling, Grey Riesling, or White Riesling and Johannisberg as a type designation of varietal other so-called Riesling grapes to be Riesling as synonyms. significance rather than as a grape labeled simply ‘‘Riesling.’’ Thus, ATF is variety name. According to Wine not adopting the comment to list Conclusion Institute, ATF has permitted Riesling as a type designation of varietal winemakers to use the term ‘‘Riesling’’ significance, and is instead listing ATF finds the term White Riesling is to designate a wine which derives 75 Riesling as a grape variety name. well known to consumers. This term is percent of its volume from any Riesling is added to the list of prime used internationally as a designation for combination of White Riesling or grape names in § 4.91. As of the this wine. White Riesling is also the Emerald Riesling grapes. They stated effective date of this final rule, any botanical name of this grape (a that consumers have come to associate American wine labeled ‘‘Riesling’’ must translation of ‘‘Weisser Riesling’’). ATF the term Riesling as a descriptive term be made from a minimum of 75 percent is, therefore, listing White Riesling as a used by a specific producer rather than Riesling (White Riesling) grapes. Wines synonym for Riesling in § 4.91. as a specific varietal designation. Thus, now made from Emerald Riesling or Although the term Johannisberg Wine Institute argued that Riesling other so-called Riesling grapes will need Riesling has long been used in the should be a general term which shows to be relabeled to show the actual grape United States to distinguish true [White] merely use of various Riesling grapes varieties used. Riesling wine from wine made with rather than designating the White Discussion of White Riesling and other so-called Riesling grapes, the Riesling grape. They further commented Johannisberg Riesling evidence is clear that Johannisberg that to eliminate this practice would Riesling is not the correct name of this require wineries to label wines with the The Winegrape Varietal Names grape variety. Moreover, as noted by actual percentage of various grape Advisory Committee recognized White varieties, action which would be costly Riesling (the literal translation of several respondents, ‘‘Johannisberg’’ is a and would confuse consumers. Wine ‘‘Weisser Riesling,’’ the botanical name German geographic term, and the name World Estates and Heublein supported of the grape) as the prime grape name. of a specific winegrowing region within making Riesling a type designation of The Committee also recommended Germany. varietal significance, similar to the listing Johannisberg Riesling as a Since this final rule authorizes use of proposed designations for Muscatel, synonym since they found this name the name Riesling, standing by itself, as Muscadine, and Scuppernong. had been in use for many years in the the prime name for wine made from this Brown-Forman supported the United States, and that it was used to grape, ATF finds that there is no longer proposal to list White Riesling and distinguish the White Riesling grape the necessity to distinguish wine made Johannisberg Riesling as prime names, from other so-called Riesling grapes. from the true Riesling grape by use of and to prohibit the term ‘‘Riesling’’ from Many comments addressed the listing of the term ‘‘Johannisberg Riesling.’’ Based standing alone. The Verband Deutscher both names in § 4.91. on this fact, and in the interest of Weinexporteure and the Deutscher Many respondents objected to implementing the Committee’s charter Weinbauverband commented that White permitting ‘‘Johannisberg Riesling’’ as a to provide accurate and correct grape Riesling should be the only designation synonym for the Riesling grape. variety names, ATF has concluded that for American Riesling wine, and that Respondents stated that ‘‘Johannisberg’’ the name Johannisberg Riesling should Riesling should not be used as a prime is a geographic term and a registered no longer be permitted as a grape variety name for American wines. trademark; thus, under German law, designation. Accordingly, Johannisberg only wine from Schloss Johannisberg in Conclusion Riesling is removed as a synonym for Germany is entitled to the designation Riesling in § 4.92 and made an All comments clearly indicate that the Johannisberg Riesling. alternative name. Owing to its current worldwide name for this grape is ATF received fewer comments use and the necessity to prepare new Riesling. ATF particularly notes two addressed to use of White Riesling as a packaging and marketing materials, quotations from the Statement of synonym. The DW commented that Johannisberg Riesling is listed in Principles in the Committee report: while this is the scientific term, White § 4.92(b) which permits its use in ‘‘Accuracy has been the Committee’s Riesling is never used to label German primary objective’’ and ‘‘the key wines. The Oregon Winegrowers labeling wines prior to January 1, 1999. question has in every case been ‘What Association commented in favor of Other Riesling Names is correct?’ ’’ On the basis of all allowing Riesling as the prime name, evidence, ATF finds no valid reason to but noted that the State of Oregon Several other grape variety names exclude Riesling from the list of prime permits either Riesling or White contain the word ‘‘Riesling,’’ but are not names in § 4.91. Riesling to be used in labeling. the true Riesling grape. Grey Riesling, ATF rejects the position advanced by The Verband Deutscher Emerald Riesling, Missouri Riesling, three respondents to make Riesling a Weinexporteure and the Deutscher and Wa¨lschriesling (and synonym type designation of varietal significance, Weinbauverband favored authorizing Welschriesling) were proposed as prime and thus permit its use for designating White Riesling as the only designation names in Notice Nos. 581 and 749. Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 531

General Comments European grape variety name with no This grape was developed by consumer recognition. Professor H. P. Olmo at the University Fourteen respondents favored the ATF finds the evidence for removal of of California, Davis in 1948, and is removal of these Riesling names from Grey Riesling from the list of prime identified as ‘‘Emerald Riesling (Olmo the list of prime names. The consensus names to be very strong. This grape is 1948).’’ It is a cross between the Riesling was that none of these grape varieties not related to the Riesling, but has been grape and Muscadelle (Sauvignon vert). are the true Riesling grape, and that any positively identified as Trousseau gris. Eight respondents commented on this use of a Riesling name to identify non- The FPMS lists ‘‘Trousseau’’ as a proposal. Seven noted that Emerald Riesling grapes is misleading and synonym for Grey Riesling. Moreover, as Riesling is not a true Riesling grape and confuses the public. The Oregon noted by the Oregon Winegrowers this name should be listed as an Winegrowers Association noted that Association, the use of the name Grey alternative name and phased out in the United States wineries’ varietal labeling Riesling for labeling varietal wines is future. These respondents suggested of these misnamed ‘‘Riesling’’ varieties declining. ATF is, therefore, removing that this grape be named ‘‘Olmo’’ in is declining. All of these respondents Grey Riesling from the list of prime honor of its developer, ‘‘Emerald’’ or requested that ATF take action to phase names in § 4.91, and is listing Trousseau ‘‘Emerald Grape,’’ or be given a new out the use of Grey Riesling, Emerald gris as the prime grape name. In order commercial name. Wine World Estates Riesling, Missouri Riesling, and to give American wineries sufficient supported retaining Emerald Riesling as Wa¨lschriesling over a period of time. time to make the name change to a prime grape name. Grey Riesling/Trousseau Gris Trousseau gris, ATF is listing Grey ATF is listing Emerald Riesling as a Riesling as an alternative name in prime grape name for two reasons. First, The final Committee report stated that § 4.92(b) which may be used until there is no other known name which the Grey Riesling grape had not been January 1, 1999. has been used; it is known to industry conclusively identified but that it was Missouri Riesling and consumers only as Emerald not a true Riesling. It recommended that Riesling. ATF also retains this name This grape has been cultivated in the ATF replace the incorrect name Grey because, unlike other misnamed United States for over a century, always Riesling with the correct grape variety Riesling varieties, this grape is directly as Missouri Riesling. It is not a Riesling, name when positive ampelographic related to the Riesling. Thus, ATF is but is a native American grape, probably identification of this grape was made. listing Emerald Riesling as a prime a cross of Vitis ripara and Vitis labrusca. Grey Riesling was proposed as the name for this grape in § 4.91. prime name in Notice No. 581 since no Historical evidence indicates this grape definitive identification of this grape was developed by Nicholas Grein in Wa¨ lschriesling and Welschriesling Hermann, Missouri in 1870. Due to the had been made. However, when Notice On the basis of the final Committee lack of any alternative name, the No. 749 was published in September report, both names were proposed as Committee report recommended 1992, this grape had been identified as prime names and synonyms in Notices Missouri Riesling be included in the list Trousseau gris which was proposed as Nos. 581 and 749. of prime names. It was proposed as a a synonym for Grey Riesling. Nine respondents commented on this. The Federal Republic of Germany prime name in Notice Nos. 581 and 749. ATF received eight comments Eight agreed that this grape is not a true comment confirmed this ampelographic addressing Missouri Riesling. All Riesling, and that the prime name finding. Their comment stated that respondents requested that since it is should be changed. The German Federal findings of the German Federal Institute not a true Riesling, and because it Republic noted that the naming of this for Cultivation Research in Vintage contains a place name, ATF remove it grape is primarily a European problem Culture and Horticulture, Institute for from the list of prime grape names. since it is widely cultivated in Grapevine Breeding Geilweilerhof, Respondents suggested that the name be Southeastern Europe under various supports the recent ampelographic replaced either with ‘‘Grein’’ or ‘‘Grein names including ‘‘Laski Rizling,’’ study showing Grey Riesling to be the Grape’’ in honor of Nicholas Grein who ‘‘Olasz Rizling,’’ ‘‘Rakusky Rizling,’’ and variety Trousseau gris. developed the grape, or with ‘‘Missouri ‘‘Rizling Vlassky.’’ One respondent Twelve respondents commented that Grape,’’ and that Missouri Riesling be suggested that the name should be ATF should phase out the name Grey listed as an alternative name for a short standardized as Welschriesling while Riesling in favor of the correct name period of time. five others suggested using the Trousseau gris. Respondents included ATF acknowledges that the Missouri European name Welsch Rizling. both European and international Riesling is not a true Riesling grape. ATF is not aware that this grape has interests, one Committee member, and Nevertheless, it has been used as a wine been used in the United States to make American wineries and grape growers. designation for a long period of time. a varietal wine designated as Only one respondent, Wine World Since there is no evidence which Wa¨lschriesling or Welschriesling; thus Estates, commented in favor of retaining indicates that this grape has any other consumers are unfamiliar with either Grey Riesling as a prime name, although known name, ATF is retaining the name. ATF is thus adopting the as a synonym for Trousseau gris. ATF prime name Missouri Riesling in § 4.91. suggestion to use the name for this grape notes that five respondents favored commonly used in Europe, Welsch retaining Grey Riesling as a prime name Emerald Riesling Rizling. We believe this action will help in their comments to Notice No. 581, The Committee report noted that this avoid consumer confusion since prior to positive identification of the grape is widely planted, but that it is a consumers will be unlikely to confuse grape. Reasons advanced at that time crossbred variety and not the true wine labeled Welsch Rizling with wine included the fact that this variety had Riesling grape. In the absence of an made from the White Riesling grape. been grown in California for over 100 accepted alternative name, the Thus, ATF is listing Welsch Rizling as years and had received wide public Committee recommended its continued a prime name in § 4.91. Wa¨lschriesling acceptance as Grey Riesling. Other use as a prime name. Emerald Riesling and Welschriesling are listed in § 4.92(a) respondents noted that the name Grey was proposed as a prime name in Notice as alternative names to be phased out by Riesling was preferable to an unknown Nos. 581 and 749. January 1, 1997. This short phase out 532 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations period is provided due to lack of use of Estates and the California Association of notice stated that ATF had insufficient either name at the present time. Winegrape Growers commented that information either to propose Napa Gamay should be retained as a eliminating use of the term Gamay Other Riesling Names synonym for Valdiguie´ due to its Beaujolais or to authorize its continued The final Committee report noted that historical use and consumer use on a permanent basis. a few other grape varieties include the recognition. The Embassy of France and Wine World Estates favored the name Riesling. Since none of these are the INAO favored the phase out of Napa decision to defer action on use of the the true Riesling grape, it recommended Gamay as a prime name in favor of the term Gamay Beaujolais. The California these other names be eliminated, and correct name Valdiguie´. The OIV Association of Winegrape Growers specified Okanagon Riesling and commented in favor of phasing out the supported ATF’s current policy to Siegfried Riesling as misleading names term Napa Gamay in order to remove a permit wine to be designated Gamay for grapes which are not Rieslings. ATF geographic term from a grape variety Beaujolais if it is derived from not less notes that Siegfried Riesling was name. Amity Vineyards pointed out that than 75 percent Pinot noir or Valdiguie´ released in 1958 under the name the Napa Gamay grape is unrelated to (Napa Gamay) grapes. Several other Siegfried which is included in the list Gamay noir, and thus, ‘‘imposters’’ gain respondents requested that ATF specify of prime grape names. We are not aware a marketing advantage over persons a date by which use of the term Gamay of any other name by which Okanagon selling true varietal Gamay noir wine. Beaujolais would be phased out in favor Riesling has been called. Based on the comments and the of labeling these wines with the actual ATF did not propose Okanagon recent identification of this grape grape variety. These respondents Riesling, Siegfried Riesling, or any other variety, ATF has decided to phase out included the Agricultural Counselor, grape variety names which includes the the name Napa Gamay. ATF finds that Embassy of France, the Union term ‘‘Riesling’’ as a prime grape name Napa Gamay is seldom used for labeling Interprofessionnelle des Vins du in Notice Nos. 581 or 749. Franken a varietal wine; more often it is used in Beaujolais, the FEVS, the INAO, and Riesling was proposed as an alternative producing Gamay Beaujolais and other NABI. name for Sylvaner, to be phased out by non-varietal wines. Moreover, it is not a ATF has made Gamay Beaujolais the January 1, 1997. Gamay grape; thus any use of the name subject of a separate rulemaking Twelve respondents commented on ‘‘Gamay’’ for this grape is incorrect. This proceeding. See Notice No. 793, 59 FR the use of other so-called Riesling grape now has been positively identified 15878, April 5, 1994. In the interim, names. These respondents unanimously as Valdiguie´, although it is not widely ATF will permit domestic wineries to supported excluding any other Riesling known by this name. In the interests of use Gamay Beaujolais as a designation. grape names from the list of prime accuracy in labeling, ATF is adopting Such wine must derive at least 75 names in § 4.91, and supported ATF’s Valdiguie´ as the prime name in § 4.91, percent of its volume from Pinot noir, proposal to phase out Franken Riesling and Napa Gamay as an alternative name from Valdiguie´ (Napa Gamay), or from in favor of Sylvaner by January 1, 1997. in § 4.92(b) which may be used for a mixture of these grapes. These proposals are adopted. labeling wine until January 1, 1999. New Grape Variety Names Gamay Issues Gamay Noir General Napa Gamay The Committee recommended that the grape variety Gamay be included as a Five respondents requested the This grape has a long history of prime name in anticipation that wine inclusion of additional grape variety cultivation in California but its origin is from the true Gamay grape would be names to the list of prime names in unclear. During the 1960’s, the produced in the United States in the § 4.91. Two of them are newly- University of California at Davis future. Gamay was proposed as a prime developed grape varieties; others are determined that this grape was the name in Notice No. 581. On the basis of European vinifera grapes which have French Gamay grape (Gamay noir). More a comment submitted by the Oregon been introduced into viticultural use in recent ampelographic studies have Winegrowers Association, ATF the United States. In Notice No. 749, disclosed that the grape called Napa proposed Gamay noir, a shortened form ATF also solicited information on a Gamay grape is not related to the French of the name Gamay noir a` jus blanc, as number of grape varieties which were Gamay. its prime name in Notice No. 749. In not proposed as prime names. The Committee report recommended that notice, ATF stated that use of Chardonel that Napa Gamay be proposed as an Gamay noir would help distinguish alternative name to be phased out when wine made from the true Gamay grape Bruce Reisch, Department of the grape’s true identity was from other wines which were labeled Horticultural Sciences, The New York established. Notice No. 581 proposed ‘‘Gamay’’ in the past. State Agricultural Experiment Station, Napa Gamay as a prime grape name, but ATF received no comments addressed Cornell University at Geneva, requested noted that work was underway to to the name Gamay noir, and it is that Chardonel be added to the list of establish its true identity. Recent included in the list of prime grape prime names. He stated that Chardonel ampelographic study has identified this names. ATF further notes that we will is a cross between Seyval and grape as Valdiguie´, a French grape. Due no longer approve American wine labels Chardonnay first made in 1953 at to the long-standing use of the name, which show only ‘‘Gamay’’ as a Geneva. It was propagated in 1960 as ATF proposed Napa Gamay as a designation. Future labels must show ‘‘NY 45010’’ and later renamed ‘‘Geneva synonym for Valdiguie´ in Notice No. Gamay noir if produced from the true White 9.’’ The grape was named 749. ATF solicited comments on Gamay grape, or Napa Gamay if Chardonel by Cornell University in whether Napa Gamay should be produced from Valdiguie´ and bottled 1990, and has received U.S. Plant Patent retained as a synonym for Valdiguie´, or prior to January 1, 1999. No. 7860, dated May 5, 1992. whether the name Napa Gamay should According to Reisch, growers in be phased out in the future. Gamay Beaujolais Maryland, New Jersey, Pennsylvania Respondents submitted mixed ATF did not address the term Gamay and Missouri have expressed comments on this issue. Wine World Beaujolais in Notice No. 749. That satisfaction with the viticultural and Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 533 winemaking characteristics of ‘‘Roussanne,’’ ‘‘Teroldego,’’ ‘‘Tocai United States and its use in making Chardonel. Wine was first made from Friulano,’’ and ‘‘Verdelho.’’ wine, ATF is adding Freisa to the list of this grape in 1966. Currently, the grape Arneis is a white wine grape native to prime names in § 4.91. is cultivated in Pennsylvania, Michigan, Italy’s Piedmont region. According to Gros Verdot is another red wine and Arkansas, and vines are available the OIV, it has no synonyms in general variety native to Bordeaux. It is not from the New York State Fruit Testing use. ATF has granted label approval to currently listed as an FPMS registered Cooperative Association, Geneva, and at least one California winery for a grape selection although Guenoc Winery from commercial nurseries. ATF has varietal Arneis wine. Due to its stated they are growing this grape. ATF given certificates of label approval to introduction in the United States and believes that this grape will be used in wineries in several States for a use in making wine, ATF is listing producing varietal wines. Consequently, Chardonel wine. Accordingly, ATF is Arneis as a prime grape name in § 4.91. ATF is listing Gros Verdot as a prime adding Chardonel to the list of prime Carmene`re is a red wine variety grape name in § 4.91. grape names in § 4.91. native to Bordeaux. The OIV lists no Roussanne is a white wine variety synonyms in general use. It is listed as native to the Rhoˆne. The OIV lists use Golden Isles a grape variety name for use under the of the synonym ‘‘Bergeron’’ in France. R.H. Lane, Associate Professor of rules of the Oregon Liquor Commission. Roussanne is not listed as an FPMS Horticulture, the University of Georgia, Carmene`re is a Bordeaux grape which is registered grape selection, although it Agricultural Experiment Station, also used in Bordeaux-style blends has been used to produce wine in requested that Golden Isles, another produced in the United States. Due to California where plantings are as yet newly-developed grape variety, be its use in winemaking, ATF is listing limited. ATF has granted a certificate of included on the list of prime names. Carmene`re as a prime grape name in label approval to a California winery for Golden Isles is a bronze Muscadine § 4.91. their Roussanne wine. Due to its (Muscadinia rotundifolia) grape Cortese is a white wine variety grown introduction in the United States and developed at the University of Georgia in the Piedmont region of Italy. The OIV use in making wine, ATF is listing Agricultural Experiment Station, and is lists no synonyms which are in Roussanne as a prime name in § 4.91. a cross between Fry and Georgia 19–6 worldwide use. Mt. Palomar Vineyards Teroldego is a red wine variety made in 1969. According to the commented they currently grow two indigenous to Italy’s northeast Trento- literature, Golden Isles produces a high acres of Cortese in their vineyard in Alto Adige region where it is grown quality wine with less pronounced Temecula, CA, and will produce varietal almost exclusively on the Campo Muscadine flavor than other bronze wine in the future. Due to its Rotaliano plain north of Trento. The Muscadine wines. Golden Isles vines are introduction in the United States and OIV lists no synonyms in general use. commercially available. use in making wine, ATF is adding Teroldego is not listed as an FPMS ATF is adopting this comment and Cortese to the list of prime grape names registered grape selection, although adding Golden Isles to the list of prime in § 4.91. there are small plantings in the United names in § 4.91. Corvina, a red wine grape, is native to States. the Ventio region of Italy where it is a Millbrook Winery has stated that they Sereksiya common element in Bardolino and are producing a wine using Teroldego ATF requested information about the Valpolicella wines. In Italy this grape is grapes. Based on this evidence of usage, variety ‘‘Sereksia.’’ This grape, a Vitis also known as ‘‘Corvina Veronese.’’ ATF is adding Teroldego to the list of vinifera, is a native of Russia, but has Corvina Veronese is a FPMS registered prime names in § 4.91. been introduced into the United States grape selection, and is available for Tocai Friulano as its name implies is for viticultural use. commercial use in the United States. a white wine grape native to the Friuli- Bruce Reisch commented that Based on the use of this grape in Venezia Giulia region of extreme Sereksiya Chernaya is a blue grape from winemaking in the United States, ATF northwest Italy. The OIV lists several the Soviet Union. He noted that it has is listing Corvina as a prime name in synonyms including ‘‘Tokai,’’ ‘‘Tokay,’’ many old world synonyms (Bobyaska § 4.91, but without the geographic term and ‘‘Sauvignonasse.’’ Tocai Friulano is Nyagra, Cheryi Redkii, Koldaursha, ‘‘Veronese’’ which refers to the region in listed as an FPMS registered grape Sassar, Stropatyi, Tsotlyar), but that the Italy where the Corvina grape is selection and there are small plantings correct name is ‘‘Sereksiya.’’ This grape commonly grown. in the United States. At least one winery has been used by at least one New York Ferna˜ o Pires is a white grape native to has been given a certificate of label winery to make a varietal wine. Based Portugal, but also grown in South approval for a varietal Tocai Friulano on this evidence, ATF is adding Africa. It is listed as a FPMS registered wine. Sereksiya to the list of prime grape grape selection. According to Millbrook Due to its cultivation in the United names in § 4.91. Winery, a small amount of Ferna˜o Pires States and its use in winemaking, ATF has been planted in the United States. is including Tocai Friulano in the list of Other Grape Varieties ATF believes this grape variety is being prime grape names in § 4.91. Three respondents sought the used in producing wine in the United Verdelho is a white wine grape native inclusion of other grape varieties on the States, or will be used in the near future. to Portugal which is widely used in list of prime names. These varieties are Thus, ATF is listing Ferna˜o Pires as a producing Port and Maderia wines. It is Vitis vinifera grapes which have been prime grape name in § 4.91. also grown in Australia where it is used introduced into viticultural use in the Freisa is an Italian black grape. in producing table wines. Verdelho is United States in recent years and which According to the OIV, there are no listed as a registered grape selection by are now being used to make varietal synonyms in worldwide usage. Freisa is the FPMS and is commercially available wines. The Millbrook Winery, Mount listed as a FPMS registered grape at nurseries in the United States. Based Palomar Winery, and Guenoc Winery selection. Millbrook Winery commented on this evidence, ATF is adding requested inclusion of the following that a small amount of Freisa has been Verdelho to the list of prime grape vinifera varieties: ‘‘Arneis,’’ planted in at least two vineyards, and names in § 4.91. ‘‘Carmene`re,’’ ‘‘Cortese,’’ ‘‘Corvina,’’ they have produced wine from these Pinotage, a red grape variety, is a Ferna˜o Pires,’’ ‘‘Freisa,’’ ‘‘Gros Verdot,’’ grapes. Due to its availability in the cross between Pinot noir and Cinsaut. 534 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

This grape is widely planted in South Appellation of Origin which do not contain geographic terms Africa and in recent years small Wine Grape Variety (Nation) and which they believe would be less amounts have been planted in the likely to confuse consumers. United States. It is listed as a registered Muscat Pantelleria ... Moscato di Pantelleria Discussion grape variety by the FPMS, and is (Italy). Rosette ...... Rosette (France). ATF set forth its position concerning commercially available. Pinotage is Pinot Saint George .. Saint-Georges Saint- currently used to make wine and ATF the use of grape variety names which Emilion (France). may be similar to foreign appellations of has granted certificates of label approval St. Croix ...... Ste.-Croix Du-Mont for varietal Pinotage wines. Although no (France). origin in Notice No. 749. ATF stated respondents requested the inclusion of Saint Macaire ...... Cotes de Bordeaux that there is no reason to deny use of a Pinotage in the list of prime grape Saint-Macaire grape variety name to American names, ATF is adding this grape to the (France). winemakers simply because that name list based on its current use. Tinta Madeira ...... Madeira (Portugal). bears a resemblance to a foreign name Early Muscat. Early Muscat is a ValdepenÄas ...... ValdepenÄas (Spain). of geographic significance. ATF believes Vivant ...... Romanee Saint-Vivant the requirement to use an appellation of vinifera grape grown on the west coast (France) primarily as a table grape. Although origin in direct conjunction with a grape seldom employed in winemaking, a variety name will prevent confusion These respondents objected to the between an American varietal wine and number of wineries have produced a proposal to list these as prime grape varietal Early Muscat wine over the last a wine labeled with a foreign variety names on the basis that their use appellation of origin. ATF believes this several years. The State of Oregon lists on American wine labels would: (1) be Early Muscat as a permitted grape requirement makes foreign wines confusing and misleading to consumers distinctive from American wines variety designation, and this grape is since the wines would not be produced available through commercial nurseries. bearing a grape variety name. We further in the designated areas and would not stated that any questions concerning the Although no written comments were meet the appellation of origin received regarding variety, ATF is potential for consumer confusion as to requirements; (2) comprise an erosion of the identity of wine which may arise including Early Muscat in the list of the foreign appellation of origin name; prime grape names in § 4.91 on the when a foreign geographic term is and (3) be in violation of the exchange similar or identical to a varietal name basis of its use in winemaking. of letters between the EC and United Fredonia is an older Vitis labrusca would be resolved by ATF on a case-by- States of July 26, 1983, which were case basis. grape. It has fallen out of favor in intended to prevent erosion of non- producing a varietal wine in recent ATF’s position on this matter has not generic designations of geographic changed. Thus, ATF is not removing years, but still enjoys use in significance. Several respondents winemaking. ATF notes that it has any grape variety names from the lists rejected ATF’s argument made in Notice in §§ 4.91 and 4.92 merely because they granted label approval recently to No. 749 that use of these names was not wineries producing varietal Fredonia are similar to foreign appellations of likely to result in consumer confusion origin or contain geographic terms. The wine. Although no respondents to since the grape variety name would Notice No. 749 requested its inclusion, following names proposed in § 4.91 are always appear in direct conjunction adopted: Alicante Bouschet, Aligote´, ATF is including Fredonia in the list of with an appellation of origin on a wine prime grape names in § 4.91. Carignane, Early Burgundy, Flame label. Spain commented that the Tokay, Fume´ blanc, French Colombard, Grape Variety Names Identical or authorization of three grape variety Green Hungarian, Mataro, Muscat of Similar to Appellations of Origin or names, ‘‘Alicante Bouschet,’’ Alexandria, Muscat Canelli, Naples, Foreign Geographic Terms ‘‘Carignane,’’ and ‘‘Valdepen˜ as,’’ would Rosette, St. Croix, Saint Macaire, Tinta hinder future ATF recognition of well Madeira, Valdepen˜ as, and Vivant. Backgound established appellations of origin, and Included in proposed § 4.91 were 13 would negatively impact the sale of Specific Actions grape variety names which six Spanish wines in the U.S. market. The EC, France, FEVS, and the INAO respondents identified as being similar The EC, France, and the INAO did not supported the proposal to eliminate use or identical to recognized appellations object to the use of Aligote´ as a grape of the name Saint Emilion, and to phase of origin within the European variety name provided ATF prohibited out use of the names Franken Riesling, Community. These respondents winemakers from using the terms Pineau de la Loire, and Muscat including the EC, the Embassy of Spain Aligote´ and Burgundy (a semigeneric Frontignan. (Spain), the Embassy of the Republic of designation under § 4.24(b)) together on In Notice No. 749 ATF noted that the France (France), the OIV, the FEVS, and American wine labels. These name Saint Emilion is not in INAO identified the following proposed respondents believed this labeling could widespread use in the United States and grape variety names as being identical be confused with the French appellation that this grape is well known by other or similar to recognized appellations of of origin ‘‘Bourgogne Aligote´.’’ names. Thus, Saint Emilion is not origin within Europe. The EC and OIV further noted that included in the lists of grape names in some grape variety names in § 4.91 §§ 4.91 or 4.92. Trebbiano is listed in contain geographic terms which could Wine Grape Variety Appellation of Origin § 4.91 as the prime name and Ugni blanc (Nation) be confusing to consumers as to the as a synonym for this grape in § 4.92. origin of wines. These names were in The alternative names Pineau de la Alicante Bouschet .... Alicante (Spain). addition to those cited as resembling   Loire and Franken Riesling remain in Aligote ...... Bourgogne Aligote approved appellations of origin, and (France). the list at § 4.92(a) to be phased out by Carignane ...... CarinÄena (Spain). included the following: Early Burgundy, 1997 in favor of the names Chenin blanc Fume blanc ...... Blanc Fume de Pouilly Flame Tokay, Green Hungarian, Muscat and Sylvaner. (France). of Alexandria, Muscat Canelli, Mataro, ATF proposed Muscat blanc as a Johannisberg Ries- Johannisberg (Ger- Napa Gamay, and Naples. The OIV prime name in § 4.91 while Muscat ling. many). suggested synonyms for these grapes Frontignan was proposed as an Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 535 alternative name to be phased out in wine, type designations of varietal to indicate a Muscat grape source but 1996. Heublein commented that their significance. These designations apply not a specific Muscat grape variety. Beaulieu Vineyard facility has produced to wines which are composed of a ATF is amending § 4.28 to include Muscat Frontignan since 1920 and mixture of specific grape varieties, but Muscat and Moscato as type stated that it was important to the which do not contain enough of a single designations of varietal significance to company to retain this designation. variety to qualify for a varietal designate a wine which derives 75 Wine World Estates also commented in designation (75 percent). Nevertheless, percent of its volume from any Muscat favor of retaining Muscat Frontignan as these wines demonstrate characteristics grape source. Wines designated Muscat a grape variety name. of the grape varieties used to produce or Moscato under this section are not ATF agrees that this name has been them and their names imply some grape required to meet the additional used in labeling wines for decades in variety source. For example, under requirements imposed on Muscatel the United States, and it has received a proposed § 4.28, a wine labeled wines by § 4.21(a)(3). An appellation of degree of consumer recognition. Muscatel is required to derive at least 75 origin must appear in direct conjunction Nevertheless, ATF finds that the name percent of its volume from any Muscat with the designation Muscat or Moscato. Muscat Canelli is in far more grape source and otherwise conform to widespread use at the present time for the definition for Muscatel at Proprietary Names and Descriptive labeling domestic wines. Moreover, one § 4.21(a)(3). Wine designations in § 4.28 Terms goal of this rulemaking is to reduce the may stand alone on a label as the class Notice No. 581 large number of synonyms in use. Thus, and type designation of a grape wine. In its final report, the Committee ATF is phasing out the name Muscat ATF also proposed amending § 4.34 to noted that certain wines, which to the Frontignan as proposed in Notice No. require that an appellation of origin uninformed would appear to be varietal 749. However, in view of its appear in direct conjunction with these longstanding use and the time required type designations. wines, are in fact, labeled with to change labels and advertising to Three designations were proposed. In registered proprietary names. The Muscat blanc or Muscat Canelli, ATF addition to Muscatel, Scuppernong was Committee suggested that ATF should has decided to permit the use of Muscat proposed as an American wine deriving decline to approve such labels in the Frontignan as a grape variety not less than 75 percent of its volume future, and should phase out existing designation for an additional period of from bronze Muscadinia rotundifolia approvals of these labels. This time. Thus, Muscat Frontignan is added grapes, and Muscadine was proposed as suggestion was incorporated into Notice to the list of alternative names an American wine deriving at least 75 No. 581 which proposed that only the appearing at § 4.92(b). It may be used as percent of its volume from any approved grape variety name could be a designation until January 1, 1999. Muscadinia rotundifolia grape source. used as a varietal designation, without On review of the comments and William F. Doering and Wine World modification. Accordingly, proprietary literature concerning the proposed Estates commented in favor of these names and color descriptors would need prime grape name Pinot St. George, ATF proposals. Since there were no other to be shown separately on the label. finds that a more accurate name for this comments, ATF is adopting § 4.28 This proposal would have prohibited grape is Ne´grette. Moreover, this grape containing these designations. the use of a designation such as ‘‘White is not a Pinot although it was once Several respondents requested that Zinfandel,’’ but would have permitted a misidentified as Pinot noir. Riesling be added to this category to label reading ‘‘Zinfandel’’ on one line Consequently, ATF finds that Pinot St. designate a wine made with any with the description ‘‘A White Wine George is an incorrect name for this ‘‘Riesling’’ grapes. ATF is not adopting Made From Zinfandel Grapes’’ on a grape. As a result, we are removing this this comment. See the discussion under separate line. ‘‘Riesling issues.’’ name from § 4.91 and replacing it with Written Comments the prime name Ne´grette. Pinot St. The EC commented that ATF should George is listed in § 4.92(b) as an not permit variety names for Muscat This proposal was the most alternative name to be phased out by grapes which incorporate foreign controversial issue raised in Notice No. January 1, 1999. geographic terms. Specifically, they 581. Ninety-five respondents objected to On examination of the proposed requested that ATF not list the names it and in doing so, most respondents prime grape name Muscat Pantelleria, Muscat Canelli, Muscat du Moulin, objected to Notice No. 581 in its ATF finds no evidence that this is a Muscat Hamburg, Muscat of Alexandria, entirety. distinct grape variety. Instead, all Muscat Pantelleria, and Muscat Ottonel. Consumers and wineries alike evidence indicates this is a Muscat wine In lieu of these grape variety names, the commented that the use of color or style associated with the island of Pantelleria EC requested that the full name of the descriptors is a significant aid to off of Sicily and well known as grape ‘‘Muscat blanc a` petit grains’’ be consumers in selecting wines. Qualifiers ‘‘Moscato di Pantelleria.’’ The grape used, or that the general label term such as ‘‘white,’’ ‘‘blush,’’ ‘‘blanc,’’ from which Moscato di Pantelleria ‘‘Muscat’’ be permitted. ‘‘noir,’’ ‘‘nouveau,’’ or ‘‘rose´’’ describe wines are made is actually the Zibibbo This final rule authorizes Muscat the style of wine and enable consumers or Muscat of Alexandria grape. variety names which incorporate foreign to differentiate between wines of the Therefore, Muscat Pantelleria is geographic terms since we find these same varietal origin but produced in removed from the list of prime grape names are recognized as distinct grape different styles. Wineries cited the names in § 4.91 and added to § 4.92(b) varieties. ATF is, however, responding economic importance of ‘‘blush wines.’’ as an alternative name for Muscat of to the EC request by permitting use of Some respondents stated that adoption Alexandria to be phased out by January the term ‘‘Muscat’’ or ‘‘Moscato’’ as a of this proposal would severely damage 1, 1999. labeling designation. ATF believes these the market for Zinfandel grapes. As a terms have widespread consumer consequence, respondents claimed the Type Designations of Varietal recognition as a wine derived from proposal would have a far reaching and Significance Muscat grapes. We further find that devastating impact on grapegrowers, In Notice No. 749, ATF proposed a many domestic wine labels exist which wineries and consumers. A few new category for designating American use the designations Muscat or Moscato respondents cited the lack of need or 536 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations justification for this proposal, and the is not aware of any consumer confusion under § 4.39, or if they contain the word lack of consumer confusion over use of or deception resulting from the use of ‘‘Riesling.’’ such terms. descriptive terms with grape variety Paragraph (d) gives the Director the Similarly, respondents objected to the names on labels, and ATF does not authority to make a case-by-case proposal to prohibit the use of strictly believe that consumers need to be determination whether a requested proprietary terms with grape variety protected from such labeling. grape variety name would be names. Proprietary names, unlike Thus, ATF will continue to permit the misleading. Under this paragraph, the descriptive terms, consist of a registered use of descriptive and proprietary Director has authority to make a name used to differentiate a names on labels in conjunction with determination whether grape variety winemaker’s varietal wine from similar grape variety names. ATF will, however, names containing words of geographic wines made by other winemakers. examine labels to ensure that such terms significance, place names, or foreign are not used in a manner that is Notice No. 749 words are misleading under § 4.39. deceptive or misleading. Variety names found to be misleading In view of the preponderance of would not be approved by the Director. comments opposing a prohibition on the Approval of Future Variety Names This section does not prohibit use of use of proprietary and descriptive terms One part of the Committee’s charter such terms in grape variety names if in conjunction with varietal was to recommend guidelines for the their use is found by the Director not to designations, ATF did not include this wine industry and ATF to follow in be misleading. proposal in Notice No. 749. ATF stated determining the appropriateness of that we would take the position that names suggested in the future for new ATF notes that it is not the intent of label designations which incorporate grape varieties. The Committee’s § 4.93(d) to prohibit the use of proprietary or descriptive terms are recommended guidelines were established grape variety names which misleading if their use results in incorporated into Notice No. 581. may contain terms of geographic consumer deception. As proposed, a letterhead application significance, place names, or foreign to the Director would be sufficient to words, but rather to discourage the use Comments to Notice No. 749 request approval of a new grape variety of these kinds of terms in naming new Only six respondents commented on name. Evidence regarding the name, its grape varieties. This paragraph applies the use of proprietary and descriptive use in winemaking, and its cultivation to grape varieties developed in the terms with grape variety names. The in the United States would be submitted United States, but does not apply to Wine Institute, NABI, Wine World as part of the application. Supporting existing grape varieties growing in Estates, and Cain Cellars fully supported evidence such as a plant patent, acreage foreign countries and which are ATF’s position not to prohibit their use. information, and scientific references introduced into viticultural use in the William F. Doering stated that the would also be required. United States. proposal is sensible, but that some In addition to outlining the procedure Paragraph (e) provides that the existing proprietary names are for applying for a grape variety name, Director will publish the list of misleading and that ATF should deal the Committee made recommendations approved names annually in the Federal with these names on a case-by-case regarding suitability of new names. As Register. This publication will inform basis. The Wine Institute requested that proposed in Notice No. 581, a new grape consumers and wineries of periodic ATF seek to secure acceptance of some variety name could not contain words of changes to the list of approved names of these terms, such as White Zinfandel, geographical significance; could not without formally amending §§ 4.91 or on a worldwide basis to assist the have been previously used for another 4.92 every time a name is added. From international sales of American wines. variety; could not contain foreign time to time, ATF will incorporate This aspect of their comment is beyond words; could not contain misleading published changes to the list into the scope of this rulemaking. names; and could not contain §§ 4.91 or 4.92. ATF will not use Professor H.P. Olmo, The University ‘‘Riesling’’ as part of the name. Federal Register publication as a means of California, Davis, and a Committee On the basis on comments made to to avoid rulemaking on names which member, objected to the proposal to Notice No. 581, ATF made certain may be controversial. permit use of descriptive terms with changes in the procedures for approval variety names. He stated that to allow of new grape variety names. These were Text of Regulations such use would nullify the concept of incorporated in proposed § 4.93 in List of Prime Names, § 4.91 grape variety classification, and would Notice No. 749. Since there were no confuse grape variety names with a comments directed to this section, it is Section 4.91 contains the list of wine type. He further stated that to adopted as proposed. approved prime grape variety names. permit them would cause the Paragraph (a) gives the procedure These names may be used as the label multiplication and falsification of grape used to petition the Director for designation of American wines. Only variety names and cause the mistrust of approval of a grape variety name. This the prime grape name appears in the grape variety names. procedure applies in the case of newly- alphabetical listing while approved developed grape varieties as well as for synonyms and spelling variants appear Conclusion existing varieties which come into use in parentheses following the prime Respondents to this notice as well as for wine production in the United name of the grape. Synonyms and to Notice No. 581 have demonstrated States. spelling variants may, however, be used the value of proprietary names and Paragraph (b) sets forth evidence standing alone on a label as the descriptive terms in providing the necessary to document a newly- designation for American grape wines. consumer with useful information. ATF developed grape variety. For example, ‘‘Riesling’’ is a listed as a further acknowledges the economic Paragraph (c) sets forth standards for prime name, with the synonym ‘‘White importance that wines labeled with the approval of any grape name. Names Riesling’’ following in parentheses. descriptive terms such as ‘‘blush’’ or will not be approved if they have Either name may be used as a label ‘‘White Zinfandel’’ have to the previously been used for a different designation for wine made from White American wine industry. Finally, ATF grape variety, if they are misleading Riesling grapes. Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 537

Section 4.23 stated that ATF’s certification under the authorized synonyms for some grape Notice No. 749 contained the full text Regulatory Flexibility Act, 5 U.S.C. varieties because these names are of a new § 4.23, Varietal (grape type) § 605, did not contain a succinct widely used by domestic wineries and labeling. This text was included because statement explaining the reasons for the have received a degree of consumer ATF is removing existing § 4.23 which certification as required by the Act. His acceptance. does not apply after December 31, 1982, second comment expressed concerns ATF has provided a lengthy period for and replacing it with a new section the SBA found with the proposed rule, phasing out the use of alternative grape applicable after that date. This new and he stated that adoption of a final variety names. ATF first proposed their section formerly appeared at § 4.23a. rule could be disadvantageous to small elimination in Notice No. 581, The only significant change between wineries. published in September 1986. These existing § 4.23a and the new § 4.23 is Kerester noted that phasing out of names are phased out in 1996. Names the incorporation of a reference to new some alternative grape variety names newly added to the list of alternative § 4.28, Type designations of varietal would prohibit their continued use by names may be used until 1999. Thus, significance. The use on a label of a type small wineries. However, some of these ATF has provided ample time for the designation of varietal significance will names are available for use by conversion of labeling and advertising require an appellation of origin to winemakers in other nations. Hence, he to the prime grape variety names listed appear in direct conjunction with it stated that consumers accustomed to in § 4.91. ATF is aware that domestic wineries such as ‘‘Georgia Scuppernong’’ or use of these names would seek imported compete against foreign wineries and ‘‘California Muscatel.’’ wines bearing the familiar names, to the detriment of large and small domestic that grape variety names used in Section 4.34, Class and Type wine producers. labeling are a factor in such This section is amended to permit a Next, he stated that some wineries competition. In this final rule, ATF lists type designation of varietal significance may be forced to make operational Riesling as a prime grape name. This listed in § 4.28 to be used as a class and changes in response to the proposals. action is made in part because nearly all type designation for American wine. For some small wineries, he stated this imported wines are labeled simply would require a $300,000 to $500,000 Riesling rather than Johannisberg Spelling, Capitalization and investment and require three to five Riesling or White Riesling. By listing Punctuation years time. This would disadvantage Riesling as a prime name, ATF is The Chicago Wine School submitted a small wineries which have invested in placing domestic wineries on an equal comment correcting certain diacritical certain grape varieties, while larger footing with foreign wineries in the marks as they appeared in the list of wineries could more easily adapt to the labeling of this important worldwide prime names in § 4.91. Based on this changes. varietal wine. ATF has also authorized comment, ATF has corrected the Finally, Kerester requested that ATF a few other synonyms such as Pinot diacritical marks for Alvarelha˜o and consider the extent to which the Grigio which is the name used in Mourve`dre in § 4.91. changes would inhibit creativity and labeling certain wines produced in With the effective date of this final innovation, and whether the restricting foreign nations and which compete rule, bottlers are required to spell grape of names would constitute a precedent directly against American wines made variety names as they appear in the lists which could be detrimental to small from the same grapes. in §§ 4.91 and 4.92 since this producers. As a result of these concerns, As a result of these actions, ATF does rulemaking is intended to standardize Kerester suggested that ATF prepare a not believe that large or small domestic grape variety names to the maximum regulatory flexibility analysis before wineries will lose sales of varietal wines extent possible. When a variant spelling issuing the final regulations. to foreign wineries simply because is recognized, that spelling appears in ATF does not believe that consumers certain names are not available for use parentheses following the prime name. will be driven to the purchase of in labeling. Other variant spellings will not be imported wines simply because certain No other respondents to Notice No. permitted unless approved by the grape variety names are not available to 749 commented that small wineries Director. domestic wineries. There are thousands would need to make any operational Wine World Estates supported ATF’s of grape variety names used in changes in response to those proposals, proposal not to require upper or lower producing wines worldwide. The nor did any other respondents allege case type for grape variety names. This current OIV list contains 71 pages of that small wineries would bear position is reflected in this section grape names and synonyms which are exorbitant costs associated with the which permits wine variety names to in use in 27 winemaking nations. ATF phase out of certain grape variety appear either capitalized or in lower believes it would be hopelessly names. In conjunction with one case, and to appear in any style or type confusing to consumers to permit proposal made in Notice No. 581, which is conspicuous and meets the domestic winemakers to use all numerous respondents stated they minimum type size requirements. Grape available synonyms for labeling wines. would incur large costs and suffer variety names may be spelled with or Through the Committee’s work and this market share loss due to the proposed without diacritical marks (umlauts, rulemaking effort, ATF has selected the prohibition on use of descriptive or accent marks, hyphens, or tildes). ATF most appropriate prime name for each proprietary terms with grape variety believes these policies, incorporated in specific grape used in winemaking; the names. ATF removed this proposal from the text of § 4.91, will afford bottlers majority of other names are to be phased Notice No. 749. maximum flexibility when designing out. For the most part, the names being Respondents to Notice No. 749 cited labels. phased out are little used by domestic only one issue as raising Regulatory wineries and have limited consumer Flexibility Act concerns. ATF, however, Regulatory Flexibility Act Issues recognition. Some alternative names does not believe that issue is a result of Thomas P. Kerester, Chief Counsel for apply to American grape varieties for the proposals concerning grape variety Advocacy of the Small Business which there is no imported competition. names. As documented elsewhere, Administration (‘‘SBA’’), submitted two Furthermore, due to written comments growers in California have long grown a comments to Notice No. 749. The first in response to both notices, we have grape identified as ‘‘Pinot blanc.’’ 538 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Recent ampelographic evidence reveals wines both by large and small wineries, In response to Notice No. 749, no that this grape is actually the variety but is not projected to have a substantial comments regarding the proposed Melon. Thus, these grapes are economic impact on small wineries. information collection requirement were improperly identified; moreover, the use This final rule will not: (1) impose, or received either by the Chief, Information of the name Pinot blanc for Melon otherwise cause, a significant increase Programs Branch, Bureau of Alcohol, grapes is misleading to consumers since in the reporting, recordkeeping, or other Tobacco and Firearms, or by the OMB the true Pinot blanc grape is now grown compliance burdens on a substantial Desk Officer for the Bureau of Alcohol, in the United States and is used to label number of small entities, or (2) have Tobacco and Firearms. varietal wines. To provide accurate significant secondary or incidental Comments concerning the accuracy of identification of wine for consumers, effects on a substantial number of small this burden estimate should be directed ‘‘Pinot blanc’’ grapes in California must entities. Accordingly, a regulatory to the Chief, Information Programs be redesignated with their proper name, flexibility analysis is not required. Branch, Room 3400, Bureau of Alcohol, Melon or Melon de Bourgogne. Executive Order 12866 Tobacco and Firearms, 650 Redesignation of these grapes is an Massachusetts Avenue, NW, enforcement issue and not a result of It has been determined that this rule Washington, DC 20226, and to the this rulemaking. While there are costs is not a significant regulatory action, Office of Information and Regulatory associated with redesignating these because (1) It will not have an annual Affairs, Office of Management and grapes, ATF does not believe that these effect on the economy of $100 million Budget, Washington, D.C. 20503; costs are a result of this final rule. or more or adversely affect in a material Attention: Desk Officer for the Bureau of ATF does not agree with the SBA way the economy, a sector of the Alcohol, Tobacco and Firearms. comment that the changes in this notice economy, productivity, competition, would restrict creativity and innovation jobs, the environment, public health or Drafting Information in labeling wines, to the extent such safety, or state, local, or tribal The principal author of this document labeling is truthful and accurate. As governments or communities; (2) Create is Charles N. Bacon, Wine, Beer, and noted elsewhere, ATF is not restricting a serious inconsistency or otherwise Spirits Regulations Branch, Regulatory or prohibiting use of descriptive or interfere with an action taken or Enforcement, Bureau of Alcohol, proprietary terms in conjunction with planned by another agency; (3) Tobacco and Firearms. grape variety names. ATF believes use Materially alter the budgetary impact of of these terms is a primary method of entitlements, grants, user fees, or loan List of Subjects in 27 CFR Part 4 innovative labeling of grape variety programs or the rights and obligations of Advertising, Consumer protection, names. recipients thereof; or (4) Raise novel Customs duties and inspections, For the reasons elaborated above, ATF legal or policy issues arising out of legal Imports, Labeling, Packaging and does not believe this final rule will have mandates, the President’s priorities, or containers, Wine. a substantial economic effect on small the principles set forth in Executive Authority and Issuance entities. Thus, ATF is not preparing an Order 12866. initial or final Regulatory Flexibility Paperwork Reduction Act Accordingly, 27 CFR Part 4, Labeling Analysis. and Advertising of Wine, is amended as The collection of information follows: Effective Dates contained in this final rule has been Paragraph 1. The authority citation With the effective date of this final reviewed and approved by the Office of for Part 4 continues to read as follows: rule, the name of a grape variety may Management and Budget (OMB) in Authority: 27 U.S.C. 205. not be used as a type designation for an accordance with the requirements of the American wine unless it is approved by Paperwork Reduction Act of 1980 (44 Par. 2. Section 4.23 is revised to read the Director and listed in §§ 4.91 or U.S.C. 3504(h)) under control number as follows: 1512–0513. The estimated annual 4.92, or listed in an annual Federal § 4.23 Varietal (grape type) labeling. Register listing of grape variety names. reporting and/or recordkeeping burden Grape variety names appearing on the is 4 hours. Estimated total annual (a) General. The names of one or more list of alternative names at § 4.92(a) may burden per record-keeper is 2 hours. grape varieties may be used as the type be only used as the type designations for The estimated number of respondents is designation of a grape wine only if the American wines bottled before January two. The estimated annual frequency of wine is also labeled with an appellation 1, 1997. Grape variety names appearing responses is one. of origin as defined in § 4.25a. at § 4.92(b) may only be used as type This final rule creates a new (b) One variety. Except as provided in designations for American wines bottled letterhead notice to be used by paragraph (c) of this section, the name before January 1, 1999. respondents in petitioning ATF to add of a single grape variety may be used as The procedure at § 4.93 for petitioning grape variety names to the list of the type designation if not less than 75 the Director to approve additional grape approved prime grape names in § 4.91. percent of the wine is derived from variety names is effective 30 days after The collection of information in this grapes of that variety, the entire 75 publication of this final rule. regulation is in the following section: 27 percent of which was grown in the CFR 4.93. This information is used by labeled appellation of origin area. Regulatory Flexibility Act ATF in order to verify that the grape (c) Exceptions. (1) Wine made from It is hereby certified that this variety name petitioned for is the name any Vitis labrusca variety (exclusive of regulation will not have a significant of the identified grape, that the grape is hybrids with Vitis labrusca parentage) economic impact on a substantial a available for viticultural use in the may be labeled with the variety name if: number of small entities. As discussed United States, and that the name to be (i) Not less than 51 percent of the elsewhere in this preamble, this final used will not be misleading or wine is derived from grapes of the rule will not impose recordkeeping or deceptive. The likely respondents are named variety; reporting burdens on small entities. The businesses and other for-profit (ii) The statement ‘‘contains not less standardization of grape variety names institutions, non-profit institutions, and than 51 percent (name of variety)’’ is will affect labeling and marketing of small businesses or organizations. shown on the brand label, back label, or Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 539 a separate strip label, (except that this (b) Muscatel. An American wine Arneis statement need not appear if 75 percent which derives its predominant taste, Aurore or more of the wine is derived from aroma, characteristics and at least 75 Bacchus grapes of the named variety); and percent of its volume from any Muscat Baco blanc (iii) The entire qualifying percentage grape source, and which meets the Baco noir of the named variety was grown in the requirements of § 4.21(a)(3). Barbera labeled appellation of origin area. (c) Muscat or Moscato. An American Beacon (2) Wine made from any variety of any wine which derives at least 75 percent Beclan species found by the Director upon of its volume from any Muscat grape Bellandais appropriate application to be too source. Beta strongly flavored at 75 percent (d) Scuppernong. An American wine Black Pearl minimum varietal content may be which derives at least 75 percent of its Blanc Du Bois labeled with the varietal name if: volume from bronze Muscadinia Blue Eye (i) Not less than 51 percent of the rotundifolia grapes. Bonarda wine is derived from grapes of that Par. 5. Section 4.34 is amended by Bountiful variety; revising the second sentence of Burdin 4672 (ii) The statement ‘‘contains not less paragraph (a); by revising paragraph Burdin 5201 than 51 percent (name of variety)’’ is (b)(1); by redesignating paragraphs (b) Burdin 11042 shown on the brand label, back label, or (2), (3), and (4), as paragraphs (b) (3), (4), Burgaw a separate strip label (except that this and (5), respectively; and by adding a Burger statement need not appear if 75 percent new paragraph (b)(2), to read as follows: Cabernet franc or more of the wine is derived from Cabernet Pfeffer grapes of the named variety); and § 4.34 Class and type. Cabernet Sauvignon (iii) The entire qualifying percentage (a) * * * In the case of still grape Calzin of the named variety was grown in the wine there may appear, in lieu of the Campbell Early (Island Belle) labeled appellation of origin area. class designation, any varietal (grape Canada Muscat (d) Two or more varieties. The names type) designation, type designation of Captivator of two or more grape varieties may be varietal significance, semigeneric Carignane used as the type designation if: geographic type designation, or Carlos (1) All of the grapes used to make the geographic distinctive designation, to Carmene`re wine are of the labeled varieties; which the wine may be entitled. * ** Carmine (2) The percentage of the wine (b) * * * Carnelian derived from each variety is shown on (1) A varietal (grape type) designation Cascade the label (with a tolerance of plus or is used under the provisions of § 4.23; Castel 19–637 minus 2 percent); and (2) A type designation of varietal Catawba (3)(i) If labeled with a multicounty significance is used under the Cayuga White appellation of origin, the percentage of provisions of § 4.28; Centurion the wine derived from each variety from * * * * * Chambourcin each county is shown on the label; or Par. 6. Subpart J is added to read as Chancellor (ii) If labeled with a multistate follows: Charbono Chardonel appellation of origin, the percentage of Subpart JÐAmerican Grape Variety Names the wine derived from each variety from Chardonnay Sec. each state is shown on the label. Chasselas dore´ 4.91 List of approved prime names. Chelois (e) List of approved variety names. 4.92 Alternative names permitted for Effective February 7, 1996, the name of Chenin blanc temporary use. Chief a grape variety may be used as a type 4.93 Approval of grape variety names. designation for an American wine only Chowan if that name has been approved by the Subpart JÐAmerican Grape Variety Cinsaut (Black Malvoisie) Director. A list of approved grape Names Clairette blanche variety names appears in Subpart J of Clinton § 4.91 List of approved prime names. this part. Colombard (French Colombard) The following grape variety names Colobel § 4.23a [Removed] have been approved by the Director for Cortese Par. 3. Section 4.23a is removed. use as type designations for American Corvina Par. 4. Subpart C is amended by wines. When more than one name may Concord adding § 4.28 to read as follows: be used to identify a single variety of Conquistador grape, the synonym is shown in Couderc noir § 4.28 Type designations of varietal parentheses following the prime grape Cowart significance. names. Grape variety names may appear Creek The following are type designations of on labels of wine in upper or in lower Cynthiana (Norton) varietal significance for American wine. case, and may be spelled with or Dearing These names may be used as type without the hyphens or diacritic marks De Chaunac designations for American wines only if indicated in the following list. Delaware the wine is labeled with an appellation Agwam Diamond of origin as defined in § 4.25a. Albemarle Dixie (a) Muscadine. An American wine Aleatico Dolcetto which derives at least 75 percent of its Alicante Bouschet Doreen volume from Muscadinia rotundifolia Aligote´ Dulcet grapes. Alvarelha˜ o Durif 540 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Dutchess Mission Steuben Early Burgundy Missouri Riesling Stover Early Muscat Mondeuse (Refosco) Sugargate Edelweiss Montefiore Sultanina (Thomspon Seedless) Eden Moore Early Summit Ehrenfelser Morio-Muskat Suwannee Ellen Scott Mourve`dre (Mataro) Sylvaner Elvira Mu¨ ller-Thurgau Symphony Emerald Riesling Mu¨ nch Syrah (Shiraz) Feher Szagos Muscadelle Swenson Red Ferna˜ o Pires Muscat blanc (Muscat Canelli) Tarheel Fern Munson Muscat du Moulin Taylor Flame Tokay Muscat Hamburg (Black Muscat) Tempranillo (Valdepen˜ as) Flora Muscat of Alexandria Teroldego Florental Muscat Ottonel Thomas Folle blanche Naples Thompson Seedless (Sultanina) Fredonia Nebbiolo Tinta Madeira Freisa Ne´grette Tinto ca˜ o Fry New York Muscat Tocai Friulano Furmint Niagara Topsail Gamay noir Noah Touriga Garronet Noble Traminer Gewu¨ rztraminer Norton (Cynthiana) Trousseau Gladwin 113 Ontario Trousseau gris Glennel Orange Muscat Ugni blanc (Trebbiano) Gold Palomino Valdiguie´ Golden Isles Pamlico Valerien Golden Muscat Pedro Ximenes Van Buren Grand Noir Petit Verdot Veeblanc Green Hungarian Petite Sirah Veltliner Grenache Peverella Ventura Grignolino Pinotage Verdelet Grillo Pinot blanc Verdelho Gros Verdot Pinot gris (Pinot Grigio) Vidal blanc Helena Pinot noir Villard blanc Herbemont Precoce de Malingre Villard noir Higgins Pride Vincent Horizon Primitivo Viognier Hunt Rayon d’Or Vivant Iona Ravat 34 Welsch Rizling Isabella Ravat 51 (Vignoles) Watergate Ives Ravat noir Welder James Redgate Yuga Jewell Regale Zinfandel Joannes Seyve 12–428 Riesling (White Riesling) Joannes Seyve 23–416 Rkatziteli (Rkatsiteli) § 4.92 Alternative names permitted for Kerner Roanoke temporary use. Kay Gray Rosette The following alternative names Kleinberger Roucaneuf shown in the left column may be used LaCrosse Rougeon as the type designation for American Lake Emerald Roussanne wine in lieu of the prime name of the Lambrusco Royalty grape variety shown in the right Landal Rubired column. Alternative names listed in the Landot noir Ruby Cabernet left column may only be used for wine Lenoir St. Croix bottled prior to the date indicated. Le´on Millot Saint Macaire (a) Wines bottled prior to January 1, Limberger (Lemberger) Salem 1997. Madeline Angevine Salvador Alternative Name/Prime Name Magnolia Sangiovese Magoon Sauvignon blanc (Fume´ blanc) Baco 1—Baco noir Malbec Scarlet Baco 22A—Baco blanc Malvasia bianca Scheurebe Bastardo—Trousseau Mare´chal Foch Se´millon Black Spanish—Lenoir Marsanne Sereksiya Burdin 7705—Florental Melody Seyval (Seyval blanc) Cayuga—Cayuga White Melon de Bourgogne (Melon) Siegerrebe Chancellor noir—Chancellor Merlot Siegfried Chasselas—Chasselas dore´ Meunier (Pinot Meunier) Southland Chevrier—Se´millon Mish Souza˜ o Chelois noir—Chelois Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 541

Couderc 71–20—Couderc noir (b) For the approval of names of new are consistent with the statutory Couderc 299–35—Muscat du Moulin grape varieties, documentation authority on which they are based, and Foch—Mare´chal Foch submitted with the petition to establish to promote the safer, more efficient, and Franken Riesling—Sylvaner the items in paragraph (a) of this section more secure operation of the Pentagon Gutedel—Chasselas dore´ may include— Reservation. Ives Seedling—Ives (1) reference to the publication of the Jacquez—Lenoir name of the variety in a scientific or DATES: This rule is effective January 8, Joannes Seyve 26–205—Chambourcin professional journal of horticulture or a 1996. Comments are requested by March Landot 244—Landal published report by a professional, 8, 1996. Landot 4511—Landot noir scientific or winegrowers’ organization, ADDRESSES: Forward comments to Millot—Leon Millot (2) reference to a plant patent, if so Moore’s Diamond—Diamond Washington Headquarters Services, patented, and Office of General Counsel, 1155 Defense Norton Seedling—Norton (3) information pertaining to the Pfeffer Cabernet—Cabernet Pfeffer Pentagon Room 1D197, Washington, DC commercial potential of the variety, 20301–1155. Pineau de la Loire—Chenin blanc such as the acreage planted and its Pinot Chardonnay—Chardonnay location or market studies. FOR FURTHER INFORMATION CONTACT: Ravat 262—Ravat noir (c) The Director will not approve a Rula¨ nder—Pinot gris Thomas R. Brooke, (703) 693–7374. grape variety name if: Seibel 128—Salvador (1) The name has previously been SUPPLEMENTARY INFORMATION: The Seibel 1000—Rosette used for a different grape variety; current regulations governing conduct Seibel 4986—Rayon d’Or (2) The name contains a term or name on the Pentagon Reservation were Seibel 5279—Aurore promulgated following the transfer of Seibel 5898—Rougeon found to be misleading under § 4.39; or control of the Pentagon Reservation Seibel 7053—Chancellor (3) The name of a new grape variety Seibel 8357—Colobel contains the term ‘‘Riesling.’’ from the General Services Seibel 9110—Verdelet (d) For new grape varieties developed Administration to the Department of Seibel 9549—De Chaunac in the United States, the Director may Defense. Based on enforcement Seibel 10878—Chelois determine if the use of names which experience gained since that time, the Seibel 13053—Cascade contain words of geographical Department of Defense now seeks to Seibel 14596—Bellandais significance, place names, or foreign revise those regulations to ensure their Seyve-Villard 5–276—Seyval words are misleading under § 4.39. The consistency with the statutory authority Seyve-Villard 12–309—Roucaneuf Director will not approve the use of a on which they are based, and to Seyve-Villard 12–375—Villard blanc grape variety name found to be promote the safer, more efficient, and Seyve-Villard 18–283—Garronet misleading. more secure operation of the Pentagon Seyve-Villard 18–315—Villard noir (e) The Director shall publish the list Reservation. Seyve-Villard 23–410—Valerien of approved grape variety names at least Sweetwater—Chasselas dore´ annually in the Federal Register. Executive Order 12866, ‘‘Regulatory Planning and Review’’ Verdelet blanc—Verdelet (Approved by the Office of Management and Vidal 256—Vidal blanc Budget under Control Number 1512–0513) This rule is not a significant rule as Virginia Seedling—Norton Signed: January 5, 1995. Wa¨ lschriesling—Welsch Rizling defined under section 3(f)(1) through Welschriesling—Welsch Rizling Daniel R. Black, 3(f)(4) of Executive Order 12866. Acting Director. (b) Wines bottled prior to January 1, Public Law 96–354, ‘‘Regulatory Approved: November 24, 1995. 1999. Flexibility Act’’ (5 U.S.C. 601) John P. Simpson, Alternative Name/Prime Name Deputy Assistant Secretary (Regulatory, Tariff This rule will not have a significant Cabernet—Cabernet Sauvignon & Trade Enforcement). economic impact on a substantial Grey Riesling—Trousseau gris Editorial Note: This document was number of small entities because it Johannisberg Riesling—Riesling received at the Office of the Federal Register affects only those entities and persons Muscat Frontignan—Muscat blanc on January 2, 1996. who are on the Pentagon Reservation. Muscat Pantelleria—Muscat of Alexandria [FR Doc. 96–148 Filed 1–5–96; 8:45 am] Public Law 96–511, ‘‘Paperwork Napa Gamay—Valdiquie´ BILLING CODE 4810±31±M Reduction Act’’ (44 U.S.C. Ch. 44) Pinot Saint George—Ne´grette Sauvignon vert—Muscadelle It has been certified that this rule does DEPARTMENT OF DEFENSE not impose any reporting or § 4.93 Approval of grape variety names. recordkeeping requirements under the (a) Any interested person may Office of the Secretary Paperwork Reduction Act of 1980. petition the Director for the approval of List of Subjects in 32 CFR Parts 40b and a grape variety name. The petition may 32 CFR Parts 40b and 234 234 be in the form of a letter and should Conduct on the Pentagon Reservation provide evidence of the following— Alcohol abuse, Drug testing; Federal (1) acceptance of the new grape AGENCY: Office of the Secretary, DoD. buildings and facilities, Security variety, ACTION: Interim final rule with request measures, Traffic regulations. (2) the validity of the name for for comments. identifying the grape variety, Accordingly, chapter I of title 32 of (3) that the variety is used or will be SUMMARY: This document revises DoD the Code of Federal Regulations, under used in winemaking, and policy concerning conduct on the the authority of 10 U.S.C. 301, is (4) that the variety is grown and used Pentagon Reservation. The revisions are amended by removing part 40b and in the United States. intended to ensure that DoD regulations adding part 234 to read as follows: