522 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 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. FeÂdeÂration 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'').