Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Proposed Rules 3573

Issued in Seattle, Washington, on January copies of this notice, all supporting approved by the TTB Administrator 10, 2011. materials, and any comments TTB may be used as a type designation for Robert Henry, receives about this proposal by an American wine and states that a list Acting Manager, Operations Support Group, appointment at the TTB Information of approved grape variety names Western Service Center. Resource Center, 1310 G Street, NW., appears in subpart J of part 4. [FR Doc. 2011–1082 Filed 1–19–11; 8:45 am] Washington, DC 20220. Please call 202– Within subpart J of part 4, the list of BILLING CODE 4910–13–P 453–2270 to make an appointment. prime grape variety names and their FOR FURTHER INFORMATION CONTACT: synonyms approved for use as type Jennifer Berry, Alcohol and Tobacco designations for American wines DEPARTMENT OF THE TREASURY Tax and Trade Bureau, Regulations and appears in § 4.91 (27 CFR 4.91). Rulings Division, P.O. Box 18152, Alternative grape variety names Alcohol and Tobacco Tax and Trade Roanoke, VA 24014; telephone 540– temporarily authorized for use are listed Bureau 344–9333. in § 4.92 (27 CFR 4.92). Finally, § 4.93 SUPPLEMENTARY INFORMATION: (27 CFR 4.93) sets forth rules for the 27 CFR Part 4 approval of grape variety names. Background [Docket No. TTB–2011–0002; Notice No. Approval of New Grape Variety Names 116] TTB Authority Section 4.93 provides that any RIN 1513–AA42 Section 105(e) of the Federal Alcohol interested person may petition the Administration Act (FAA Act), 27 Administrator for the approval of a Proposed Addition of New Grape U.S.C. 205(e), authorizes the Secretary grape variety name and that the petition Variety Names for American Wines of the Treasury to prescribe regulations should provide evidence of the for the labeling of wine, distilled spirits, following: AGENCY: Alcohol and Tobacco Tax and and malt beverages. The FAA Act • Trade Bureau, Treasury. That the new grape variety is requires that these regulations, among accepted; ACTION: Notice of proposed rulemaking. other things, prohibit consumer • That the name for identifying the deception and the use of misleading SUMMARY: The Alcohol and Tobacco Tax grape variety is valid; statements on labels, and ensure that • That the variety is used or will be and Trade Bureau proposes to amend its labels provide the consumer with regulations by adding a number of new used in winemaking; and adequate information as to the identity • That the variety is grown and used names to the list of grape variety names and quality of the product. The Alcohol approved for use in designating in the United States. and Tobacco Tax and Trade Bureau Section 4.93 further provides that American wines. In addition, TTB (TTB) administers the regulations documentation submitted with the proposes to include separate entries for promulgated under the FAA Act. petition may include: synonyms of existing entries so that • A reference to the publication of the readers can more readily find them and Use of Grape Variety Names on Wine name of the variety in a scientific or to correct one existing entry. Labels professional journal of horticulture or a DATES: TTB must receive written Part 4 of the TTB regulations (27 CFR published report by a professional, comments on or before March 21, 2011. part 4) sets forth the standards scientific, or winegrowers’ organization; ADDRESSES: You may send comments on promulgated under the FAA Act for the • A reference to a plant patent, if this notice to one of the following labeling and advertising of wine. patented; and addresses: Section 4.23 of the TTB regulations (27 • Information pertaining to the • http://www.regulations.gov (via the CFR 4.23) sets forth rules for varietal commercial potential of the variety, online comment form for this notice as (grape type) labeling. Paragraph (a) of such as the acreage planted and its posted within Docket No. TTB–2011– that section sets forth the general rule location or market studies. 0002 at ‘‘Regulations.gov,’’ the Federal e- that the names of one or more grape Section 4.93 also places certain rulemaking portal); varieties may be used as the type eligibility restrictions on the approval of • Director, Regulations and Rulings designation of a grape wine only if the grape variety names. TTB will not Division, Alcohol and Tobacco Tax and wine is labeled with an appellation of approve a name: Trade Bureau, P.O. Box 14412, origin as defined in § 4.25. Under • If it has previously been used for a Washington, DC 20044–4412; or paragraphs (b) and (c), a wine bottler different grape variety; • Hand delivery/courier in lieu of may use the name of a single grape • If it contains a term or name found mail: Alcohol and Tobacco Tax and variety on a label as the type to be misleading under § 4.39 (27 CFR Trade Bureau, 1310 G Street, NW., Suite designation of a wine if not less than 75 4.39); or 200E, Washington, DC 20005. percent of the wine (or 51 percent in • If it contains the term ‘‘Riesling.’’ See the Public Participation section of certain limited circumstances) is Typically, if TTB determines that the this notice for specific instructions and derived from grapes of that variety evidence submitted with a petition requirements for submitting comments, grown in the labeled appellation of supports approval of the new grape and for information on how to request origin area. Under paragraph (d), a variety name, TTB will send a letter of a public hearing. bottler may use two or more grape approval to the petitioner advising the You may view copies of this notice, variety names as the type designation of petitioner that TTB will propose to add selected supporting materials, and any a wine if all the grapes used to make the the grape variety name to the list of comments TTB receives about this wine are of the labeled varieties and if approved grape variety names in § 4.91 proposal within Docket No. TTB–2011– the percentage of the wine derived from at a later date. After one or more 0002 at http://www.regulations.gov. A each grape variety is shown on the label approvals have been issued, a notice of direct link to this docket is posted on (and with additional rules in the case of proposed rulemaking will be prepared the TTB Web site at http://www.ttb.gov/ multicounty and multistate appellations for publication in the Federal Register wine/wine-rulemaking.shtml under of origin). Paragraph (e) of § 4.23 proposing to add the name(s) to the Notice No. 116. You also may view provides that only a grape variety name § 4.91 list, with opportunity for public

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comment. In the event that one or more Biancolella validity and wide use among U.S. comments or other information Avanguardia Wines LLC, Nevada City, consumers. The references included demonstrate the inappropriateness of an California, petitioned TTB to add copies of the 2000 and 2001 California approval action, TTB will determine not ‘‘Biancolella’’ to the list of approved Grape Crush Reports issued by the to add the grape variety name in grape variety names. A white Italian California Department of Food and question to the list and will advise the Vitis vinifera variety, Biancolella is Agriculture that listed the variety as original petitioner that the name is no grown on the islands of Ischia and Capri Blaufra¨nkisch, rather than as Lemberger longer approved. and in the Campania region on the or Limberger. The petitioner also Since the last revision of the list in southern Italian mainland. In Italy, it is submitted entries from the ‘‘Vitis § 4.91, TTB has received and approved an authorized component of Ischia International Variety Catalogue’’ and the a number of petitions for new grape Bianco Superiore (Denominazione di ‘‘European Vitis Database,’’ which both variety names. TTB is proposing in this Origine Controllata (DOC), a category in list Blaufra¨nkisch as the grape variety’s notice to add a number of grape variety Italy’s wine designation system). The prime name and list Limberger and names to the list of names in § 4.91 to petitioner submitted published Lemberger as synonyms. reflect those approvals. The evidence references to Biancolella and The petitioner states that the name that the petitioners submitted in support documented having obtained vines from ‘‘Blaufra¨nkisch’’ will be less misleading of each name—and that formed the basis Foundation Plant Services (FPS) at the and more appealing to U.S. consumers for the TTB approval—is summarized University of California at Davis (UC than the already approved names below. TTB is also requesting comments Davis). The variety is available from FPS ‘‘Limberger’’ and ‘‘Lemberger,’’ which, on three petitioned-for grape names that and at least one commercial nursery in the petitioner contends, the consumer TTB did not approve by letter. The California. Based on the evidence associates with ‘‘the infamous, offensive- petitions for these names—Canaiolo submitted by the petitioner, TTB smelling cheese.’’ TTB notes that even Nero, Moscato Greco, and Princess—are proposes to add Biancolella to the list of though one synonym for the grape also discussed below. In addition, TTB grape variety names in § 4.91. variety has already been approved, the has received a petition requesting that Black Monukka Winegrape Advisory Committee, the two grape variety names currently listed panel of experts whose report was the in § 4.91 as separate varieties—Petite Rotta Winery, Templeton, California, basis for the establishment of §§ 4.91– Sirah and Durif—be recognized as petitioned TTB to add ‘‘Black 4.93, recommended adding up to two synonyms. TTB is requesting comments Monukka,’’ a black Vitis vinifera variety, synonyms for each grape variety where on this petition. This petition is to the list of approved grape variety appropriate. See Notice No. 749, 57 FR discussed below under the listing names. Although the variety is usually 40381, September 3, 1992. The evidence ‘‘Petite Sirah,’’ as that name is more used for table grapes or for raisins, the shows that ‘‘Blaufra¨nkisch’’ is a valid widely used in the United States than petitioner reported having produced a name commonly used in the United ‘‘Durif.’’ dessert wine from Black Monukka States for this grape variety; hence, TTB grapes since 2001. As evidence of the Grape Name Petitions believes the approval of the name is grape’s acceptance and usage in warranted, but welcomes comments on Auxerrois California, the petitioner submitted two the issue. Based on the submitted statistical tables issued by the California evidence, TTB proposes to add Adelsheim Vineyard, Newberg, Department of Food and Agriculture. Blaufra¨nkisch to the list of grape variety Oregon, petitioned TTB to add The first table, from the 2005 California names in § 4.91 as a synonym to ‘‘Auxerrois’’ to the list of approved grape Grape Crush Report, shows that 468.9 Limberger and Lemberger. variety names. Auxerrois is a white Vitis tons of Black Monukka grapes were vinifera grape variety widely grown in crushed in California that year. The Brianna the Alsace region of France. The second table, from the 2005 California petitioner submitted documentation Grape Acreage Report, shows that 253 Acquaviva Winery, Batavia, Illinois, showing that Oregon State University acres were planted to Black Monukka petitioned TTB to add ‘‘Brianna’’ to the imported Auxerrois clones into the grapevines in California in 2004. Based list of approved grape variety names. United States and had them released on this evidence, TTB proposes to add Brianna is a white hybrid grape variety from quarantine in 1977. According to Black Monukka to the list of grape developed by grape breeder Elmer the petitioner, these clones were the variety names in § 4.91. Swenson. According to the petitioner it source for the Auxerrois currently planted 429 Brianna vines in 2006 and planted in Oregon and elsewhere in the Blaufra¨ nkisch produced wine from Brianna grapes in United States. Adelsheim Vineyard Santa Lucia Winery, Inc., Templeton, 2008. According to the petition, this reports having produced a varietal California, petitioned TTB to add the grape variety is available from Auxerrois wine from its 2003 vintage. name ‘‘Blaufra¨nkisch’’ to § 4.91 as a commercial nurseries in New York and TTB is aware of at least one other synonym for the currently listed name Minnesota, and is widely planted across winery producing a varietal Auxerrois ‘‘Limberger’’ and its synonym the Upper Midwest. The petitioner wine. Some of the published references ‘‘Lemberger.’’ According to ‘‘The Oxford notes that wineries in Nebraska and to Auxerrois note that the name is Companion to Wine’’ (Jancis Robinson, Iowa are producing wine made from sometimes used in the Cahors region of ed., Oxford University Press, 2d ed., Brianna grapes. The Web sites of the France as a synonym for the Malbec 1999, p. 82), ‘‘Blaufra¨nkisch is the University of South Dakota, Iowa State variety, but the viticultural experts Austrian name for the middle European University, and the University of whom TTB consulted agreed that the black variety the Germans call Nebraska-Lincoln describe the Brianna name correctly applies only to the white Limberger and growers in Washington grape variety as growing well in their variety described in the petition. State call Lemberger.’’ respective States. Based on this Therefore, based on this evidence, TTB The petitioner submitted numerous evidence, TTB proposes to add Brianna proposes to add Auxerrois to the list of published references to the name, to the list of grape variety names in grape variety names in § 4.91. ‘‘Blaufra¨nkisch,’’ to demonstrate its § 4.91.

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Cabernet Diane ‘‘Canaiolo Nero,’’ are widely used in Crimson Cabernet Lucian Dressel of Davis Viticultural Italy and elsewhere. To support this Lucian Dressel of Davis Viticultural Research, Carrollton, Illinois, petitioned claim, the petitioner submitted several Research, Carrollton, Illinois, petitioned TTB to add ‘‘Cabernet Diane’’ to the list published references to the variety that TTB to add ‘‘Crimson Cabernet’’ to the of approved grape variety names. use both names. Additionally, the list of approved grape variety names. Cabernet Diane is a red variety bred by petitioner noted that both names have Crimson Cabernet is a red variety bred the petitioner from a cross of Cabernet appeared on labels of Italian wines sold by the petitioner from a cross of Sauvignon and Norton made in 2000. in the United States. TTB approved the Cabernet Sauvignon and Norton made Although Cabernet Diane has the same name ‘‘Canaiolo’’ by letter, but did not in 2000. Although Crimson Cabernet has parentage as Crimson Cabernet (see approve ‘‘Canaiolo Nero’’ because there the same parentage as Cabernet Diane below), the petition states that the was not as much evidence for that form (see above), the petition states that the variety ripens later than Crimson of the name. However, TTB welcomes variety ripens earlier than Cabernet Cabernet and that its wine is darker and comments on whether ‘‘Canaiolo Nero’’ Diane and its wine is lighter in color more intense. The petitioner has applied should also be approved for use on and less intense. The petitioner has for a patent for Cabernet Diane. American wine labels. Because the applied for a patent for Crimson According to the petitioner, 7 growers in evidence submitted shows that both Cabernet and has trademarked the 6 States grow about 16 acres of the names are used by and are known to name. According to the petitioner, 16 variety and the Mary Michelle Winery U.S. consumers, TTB proposes to add growers in 11 States grow about 33 acres of Carrollton, Illinois, has made wine Canaiolo and its synonym, Canaiolo of the variety, and the Mary Michelle from Cabernet Diane since 2006. Based Nero, to the list of grape variety names Winery, Carrollton, Illinois, has made on this evidence, TTB proposes to add in § 4.91. wine from Crimson Cabernet since 2006. Cabernet Diane to the list of grape Carignan Based on this evidence, TTB proposes to variety names in § 4.91. add Crimson Cabernet to the list of David Coffaro Winery, Geyserville, grape variety names in § 4.91. Cabernet Dore´ California, petitioned TTB to add the Erbaluce Lucian Dressel of Davis Viticultural name ‘‘Carignan’’ to the list of approved Research, Carrollton, Illinois, also grape variety names as a synonym for Avanguardia Wines, Nevada City, petitioned TTB to add ‘‘Cabernet Dore´’’ the currently approved grape variety California, petitioned TTB to add to the list of approved grape variety name ‘‘Carignane.’’ This red Vitis ‘‘Erbaluce’’ to the list of approved grape names. Cabernet Dore´ is a white variety vinifera variety is widely planted in variety names. Erbaluce is a white Vitis bred by the petitioner from a cross of Southern France under the name vinifera variety grown in the Piedmont Cabernet Sauvignon and Norton made ‘‘Carignan,’’ but when it was brought to region of northwestern Italy. In Italy, it in 2000. The petitioner has applied for California the name acquired a final ‘‘e.’’ is authorized for use in a single varietal a patent for Cabernet Dore´ and also has The petitioner submitted several Erbaluce (DOC). The petitioner trademarked the name. According to the published references that refer to this submitted published references to petitioner, 5 growers in 5 States grow variety by the name ‘‘Carignan’’ and Erbaluce and documented having about 18 acres of the variety and the indicated that the grape is called obtained Erbaluce vines from FPS, UC Mary Michelle Winery has made wine Carignane in California. The evidence Davis. The variety is available from FPS from Cabernet Dore´ grapes since 2006. shows that the name ‘‘Carignan’’ is a and at least one commercial nursery in Based on this evidence, TTB proposes to valid, widely used name for this grape California. Based on the petitioner’s add Cabernet Dore´ to the list of grape variety; hence, TTB proposes to add evidence, TTB proposes to add Erbaluce variety names in § 4.91. Carignan to the list of grape variety to the list of grape variety names in § 4.91. Canaiolo/Canaiolo Nero names in § 4.91. Acorn Winery, Healdsburg, California, Corot noir Favorite petitioned TTB to add ‘‘Canaiolo’’ and Chateau Z Vineyard, Monroe, its synonym, ‘‘Canaiolo Nero,’’ to the list Dr. Bruce Reisch, Professor, Virginia, petitioned TTB to add of approved grape variety names. Department of Horticultural Sciences, ‘‘Favorite’’ to the list of approved grape Canaiolo is a black Vitis vinifera grape New York State Agricultural Experiment variety names. Favorite, a hybrid red variety with origins in central Italy. In Station, Cornell University, petitioned wine variety, was developed in Texas by Italy, it is an authorized component of TTB to add ‘‘Corot noir’’ to the list of John Niederauer around 1938. The Chianti (DOC) and Vino Nobile di approved grape variety names. Corot National Germplasm Repository, located Montepulciano (DOC). noir is a red hybrid variety developed at at the University of California in Davis, According to the petitioner, Canaiolo Cornell from a cross between Seyve maintains this variety in its collection. has been grown in California for years, Villard 18–307 grapes and Steuben According to evidence submitted by the albeit on a small scale. Acorn Winery grapes. According to a Cornell petitioner, the variety is currently grown has grown Canaiolo since 1992 from University bulletin, this variety is and used for winemaking in South budwood obtained from the National moderately winter hardy and produces Carolina and Texas. The winery states Germplasm Repository, located at the wines free of the hybrid aromas typical that it grows Favorite and produced University of California in Davis. The of many other red hybrids. Corot noir wine from it in 2007. Based on the winery has made wine from this variety vines are currently available at petition evidence, TTB proposes to add and has blended it into Sangiovese, as commercial vineyards, and virus-tested Favorite to the list of grape variety is generally done in Italy. The petitioner cuttings may be obtained from FPS, UC names in § 4.91. notes that other California growers of Davis. In addition, TTB is aware of Sangiovese have contacted Acorn wineries in New York and Virginia Forastera Winery and requested Canaiolo making wine from Corot noir. Based on Avanguardia Wines petitioned TTB to budwood. the above evidence, TTB proposes to add ‘‘Forastera’’ to the list of approved The petitioner claims that both add Corot noir to the list of grape variety grape variety names. Forastera is a white proposed names, ‘‘Canaiolo’’ and names in § 4.91. Vitis vinifera variety indigenous to the

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island of Ischia, near Naples, Italy. In Indiana that were successful in growing other California wineries are producing Italy, it is one of the authorized varieties and using the Frontenac grape for wine from the variety. At the time of the for use in Ischia Bianco Superiore winemaking. The variety is also widely petition, the winery planned to bottle (DOC). The petitioner has made wine available for sale at commercial 100 gallons of wine labeled as Garnacha from Forastera grapes grown on vines vineyards. Based on the above evidence, blanca. Based on the submitted obtained from FPS, UC Davis. The TTB proposes to add Frontenac to the evidence, TTB proposes to add the variety is available from FPS and at least list of grape variety names in § 4.91. name Garnacha blanca to the list of one commercial nursery in California. grape variety names in § 4.91 to be Frontenac gris Based on the petitioner’s evidence, TTB identified with its synonym Grenache proposes to add Forastera to the list of Peter Hemstad of the University of blanc. grape variety names in § 4.91. Minnesota also petitioned TTB to add ‘‘Frontenac gris’’ to the list of approved Geneva Red 7 Freedom grape variety names. A naturally Stone House Vineyard, Mooers, New Capello Winery, Manteca, California, occurring gray mutation of the York, petitioned TTB to add ‘‘Geneva petitioned TTB to add ‘‘Freedom’’ to the Frontenac variety described above, Red 7’’ to the list of approved grape list of approved grape variety names. Frontenac gris was found growing in the variety names. Geneva Red 7 is a red The most common commercial use of university’s experimental vineyard in hybrid grape variety developed by the Freedom variety is as a rootstock. 1992. Although it is a new variety, the Cornell University. According to a Other grape varieties are grafted onto its petitioner notes that 11 nurseries in 6 Cornell University bulletin, this variety roots because of its resistance to grape States are licensed to propagate is highly productive and very winter pests, specifically phylloxera and Frontenac gris, and sales of 18,336 vines hardy. The variety is listed on UC rootknot nematodes. Freedom was were reported in 2005. Two Minnesota Davis’s National Grape Registry and is introduced in 1974 from a cross of the vineyards that wrote to TTB in support commercially available from at least 1613 and Dodge Ridge grape varieties. of the petition reported having three nurseries. Geneva Red 7 is also The petitioner notes that while a successfully grown the Frontenac gris known by the name ‘‘GR 7,’’ which is rootstock variety doesn’t usually variety and attested that some listed as the grape variety’s prime name produce grapes, Capello Winery commercial wineries are bottling wine in the National Grape Registry. TTB is harvested 162 tons of Freedom grapes made from the Frontenac gris variety. not proposing to add the name ‘‘GR 7’’ on 100 acres for the vintage year 2001. Based on the above evidence, TTB to its list of approved grape variety The winery fermented these grapes into proposes to add Frontenac gris to the names because TTB does not believe 35,000 gallons of red wine and bottled list of grape variety names in § 4.91. consumers would recognize that name almost 15,000 cases of wine. As as a grape variety name. However, TTB Garnacha evidence of the grape’s acceptance and welcomes comments on this issue. name validity, the petitioner submitted Bokisch Vineyards and Winery, Based on the above evidence, TTB four research articles published by UC Victor, California, petitioned TTB to add proposes to add Geneva Red 7 to the list Davis referencing the Freedom variety. ‘‘Garnacha’’ to the list of approved grape of grape variety names in § 4.91. Freedom and its use as a rootstock are variety names as a synonym for the also mentioned in the ‘‘Oxford currently listed name ‘‘Grenache.’’ Graciano Companion to Wine’’ (Robinson, p. 595). According to ‘‘The Oxford Companion to Bokisch Vineyards and Winery According to the VIVC, 13 viticultural Wine’’ (Robinson, p. 300), ‘‘Garnacha is petitioned TTB to add ‘‘Graciano’’ to the institutions in 9 countries are holding the Spanish, and therefore original, list of approved grape variety names. Freedom in their collections. Freedom is name for the grape known in France and Graciano is a black Vitis vinifera variety a recognized variety, and the petitioner elsewhere as Grenache.’’ The petitioners thought to have originated in the Rioja has produced Freedom wine; state that the U.S. wine industry has region of Spain. The petitioner, who consequently, TTB proposes to add accepted and has used the name submitted a number of published Freedom to the list of grape variety Garnacha. The National Grape Registry references to the variety, states that it names in § 4.91. maintained by UC Davis lists Garnacha and at least three other California as a common synonym for the Grenache wineries are making wine from Graciano Frontenac noir grape. TTB also received a petition grapes. Also, TTB is aware of a Virginia Peter Hemstad, research viticulturalist for the name ‘‘Grenache noir’’ (see winery producing wine from Graciano at the University of Minnesota, discussion below). Based on the grapes. Based on the above evidence, petitioned TTB to add ‘‘Frontenac’’ to submitted evidence, TTB proposes to TTB proposes to add Graciano to the list the list of approved grape variety names. add the name Garnacha to the list of of grape variety names in § 4.91. Frontenac, a red variety developed by grape variety names in § 4.91 to be Grenache blanc the university’s grape breeding program, identified with its synonyms, Grenache is from a cross of the Vitis riparia # 89 and Grenache noir. Tablas Creek Vineyard, Paso Robles, variety and the Landot # 4511 variety. California, petitioned TTB to add According to the petitioner, the variety Garnacha blanca ‘‘Grenache blanc’’ to the list of approved is very cold hardy, productive, disease Bokisch Vineyards and Winery grape variety names. Grenache blanc, a resistant, and thus suitable for cold petitioned TTB to add ‘‘Garnacha white Vitis vinifera grape variety, climates. The petitioner states that blanca’’ to the list of approved grape originated in Spain, but is commonly Frontenac has been extensively planted variety names. Garnacha blanca, a white associated with the Rhoˆne Valley of throughout the upper Midwest, noting Vitis vinifera grape, originated in Spain. France. TTB also received a petition for that a 2000 census conducted by the TTB also received a petition for ‘‘Garnacha blanca,’’ the Spanish name Minnesota Grape Growers Association ‘‘Grenache blanc,’’ the French name for for this grape variety (see discussion found over 10,000 Frontenac vines this grape (see discussion below). The above). A red version of the grape growing in Minnesota. Included with petitioner submitted a number of variety is already listed in § 4.91 as the petition were letters from growers published references to Garnacha ‘‘Grenache.’’ The petitioner submitted and wineries in Minnesota, Iowa, and blanca, and stated that it and several numerous published references to

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books, periodicals, and Internet sites to vines are available from a number of Lagrein to the list of grape variety names establish the acceptance and validity of commercial vineyards in the United in § 4.91. Grenache blanc. Tablas Creek Vineyard States. Based on the above evidence, Louise Swenson imported Grenache blanc into the New TTB proposes to add Gru¨ ner Veltliner to York State Agricultural Experiment the list of grape variety names in § 4.91. The Minnesota Grape Growers Station, Geneva, New York, in 1992. Association petitioned TTB to add After indexing, the variety was declared Interlaken ‘‘Louise Swenson,’’ a white hybrid grape virus free and shipped bare root to the Sue Gorton, Cougar Creek Wine, Fall variety, to the list of approved grape petitioner in February 1995. Tablas City, Washington, petitioned TTB to add variety names. This grape, developed by Creek Vineyard started planting ‘‘Interlaken’’ to the list of approved grape Elmer Swenson, is a cross between E.S. Grenache blanc in 1996, and by the time variety names. Interlaken, a white 2–3–17 grapes and Kay Gray grapes. of the petition had planted 4.73 acres of hybrid grape variety, is most often used Like other grapes that Mr. Swenson the variety. The petitioner reports the for table grapes or for raisins, but is developed, this variety was bred to vineyard has supplied Grenache blanc sometimes used to produce a white withstand the harsh winters of the vines and budwood to four other wine. The petitioner submitted a upper Midwest. The petitioner California growers, including the number of references to the variety from submitted evidence that the variety development vineyard at UC Davis. academic and nursery Web sites as shows little or no winter injury even in Based on the evidence presented by the evidence of the name’s acceptance and temperatures reaching minus 40 degrees petitioner, TTB proposes to add validity. She also noted that, prior to the Fahrenheit. The petitioner further states Grenache blanc to the list of grape establishment of her winery, her that Louise Swenson is grown in several variety names in § 4.91 to be identified Interlaken wine won the Best of Show upper Midwestern States and in New York. Included with the petition were with its synonym Garnacha blanca. award for homemade wines at the letters from four Minnesota growers and Evergreen State Fair in Monroe, Grenache Noir wineries claiming to have successfully Washington. The above evidence The Wine Institute, a trade association grown and/or used Louise Swenson satisfies the provisions of § 4.93, and of California wineries, petitioned TTB to grapes for winemaking. Based on the TTB proposes to add Interlaken to the add the name ‘‘Grenache noir’’ to the list above evidence, TTB proposes to add list of grape variety names in § 4.91. of approved grape variety names as a Louise Swenson to the list of grape synonym for the currently listed La Crescent variety names in § 4.91. ‘‘Grenache.’’ The petitioner submitted Lucie Kuhlmann numerous published references to the Peter Hemstad of the University of name Grenache noir, many of them Minnesota petitioned TTB to add the Chateau Z Vineyard, Monroe, using the name interchangeably with name ‘‘La Crescent’’ to the list of Virginia, petitioned TTB to add ‘‘Lucie Grenache. Those references included approved grape variety names. La Kuhlmann’’ to the list of approved grape nursery catalogs, wine reference books, Crescent is a white hybrid variety that variety names. Lucie Kuhlmann, a and the California Grape Crush Report. the university’s grape breeding program French red wine hybrid, was bred by FPS, UC Davis, identifies the variety as developed. According to the petitioner, Eugene Kuhlmann in Alsace in the early Grenache noir in its list of registered 12 nurseries in 6 States are licensed to 20th century. The National Germplasm grape selections. The National Grape propagate the variety. He further reports Repository, located in Geneva, New Registry maintained by UC Davis lists that 22,678 vines were sold in 2005, or York, maintains this variety in its Grenache noir as the variety’s prime enough for about 35 acres. Two collection and distributes cuttings. The name and lists Garnacha and Grenache Minnesota vineyards wrote to TTB in petitioner, a grower of Lucie Kuhlmann, as common synonyms. If Grenache noir support of the petition, claiming to have reports producing wine from the variety and Garnacha (see above) are approved, successfully grown La Crescent grapes in 2006 and 2007. According to three names for one variety will appear and attesting that some commercial evidence submitted by the petitioner, in § 4.91. TTB believes that the evidence wineries are bottling wine made from the variety is also grown and used for warrants the approval of Grenache noir the variety. Based on this evidence, TTB winemaking in Colorado. Although a and Garnacha, but TTB welcomes proposes to add La Crescent to the list majority of reference sources use the comments on the issue. Based on the of grape variety names in § 4.91. name ‘‘Lucie Kuhlmann’’ for this variety, above evidence, TTB proposes to add Lagrein one source (USDA, ARS, National the name ‘‘Grenache noir’’ to the list of Genetic Resources Program) identifies it grape variety names in § 4.91 to be Piedra Creek Winery, San Luis by the name ‘‘Kuhlmann 149–3.’’ TTB is identified with its synonyms ‘‘Grenacha’’ Obispo, California, petitioned TTB to not proposing to include Kuhlmann and ‘‘Grenache.’’ add ‘‘Lagrein’’ to the list of approved 149–3 in the list of grape variety names grape variety names. Lagrein is a red because it believes that Lucie Kuhlmann Gru¨ ner Veltliner Vitis vinifera variety that originated in is used more frequently; however, TTB Reustle Vineyards & Winery LLC, Italy. As evidence of the variety’s welcomes comments on this issue. Umpqua, Oregon, petitioned TTB to add acceptance and use in California, the Based on the above, TTB proposes to ‘‘Gru¨ ner Veltliner’’ to the list of petitioner submitted a table from the add Lucie Kuhlmann to the list of grape approved grape variety names. Gru¨ ner 2003 Final Grape Crush Report issued variety names in § 4.91. Veltliner is a well-documented, white by the California Department of Food Vitis vinifera variety. Although the most and Agriculture. The table, entitled Mammolo widely grown grape in Austria, it is ‘‘Tons of Grapes Crushed by California Acorn Winery, Healdsburg, California, relatively new to the United States. The Processors,’’ shows that 314.1 tons of petitioned TTB to add ‘‘Mammolo’’ to petitioner, who produced 70 cases of Lagrein grapes were crushed in the list of approved grape variety names. Gru¨ ner Veltliner wine in vintage year California that year. Lagrein vines may Mammolo is a red Vitis vinifera grape 2005, states that other wineries in be obtained from FPS at UC Davis and variety that has long been grown in Oregon and Washington are also from commercial nurseries. Based on central Italy. In Italy, it is an authorized growing the variety. Gru¨ ner Veltliner this evidence, TTB proposes to add component of Chianti (DOC). According

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to the petitioner, Mammolo has been TTB welcomes comments on the issue. to consider them synonymous when grown for decades in California, though Based on the above evidence, TTB applied to California grapes; however, on a small scale. Acorn Winery has proposes to add Monastrell to the list of the name ‘‘Moscato greco’’ could be grown Mammolo since 1992 from grape variety names in § 4.91, to be considered a more specific name that budwood obtained from the National identified with its synonyms Mourve`dre will better identify Muscat grapes for Germplasm Repository, located at the and Mataro. the consumer. She stated that the name University of California in Davis. The ‘‘ ’’ Montepulciano Malvasia bianca should be retained winery has made wine from that variety because it has long been used in and blended it with its Sangiovese wine, Avanguardia Wines petitioned TTB to California to identify this variety. In her as is generally done in Italy. The add ‘‘Montepulciano’’ to the list of opinion, winemakers should therefore petitioner notes that other California approved grape variety names. have the option of using either name. growers of Sangiovese have contacted Montepulciano is a red Vitis vinifera TTB did not approve this petition by Acorn Winery and requested Mammolo variety widely planted in the Abruzzi letter, believing that this was an issue budwood. Based on the above evidence, region of Italy. The petitioner submitted warranting public comment. TTB is TTB proposes to add Mammolo to the published references to the therefore requesting comments on Montepulciano grape and documented list of grape variety names in § 4.91. whether Moscato greco should be listed having obtained the vines of that grape The petitioner also requested the as a synonym for Malvasia bianca from FPS, UC Davis. The variety is also approval of the synonym ‘‘Mammolo because of the long usage of the latter available from at least three commercial Toscano.’’ Toscano refers to the Tuscany name in California, or if the Malvasia nurseries in California. The petitioner region of Italy where the variety is bianca should be changed to ‘‘California reports having made wine from commonly grown. Based on the Malvasia bianca.’’ TTB is also requesting Montepulciano grapes and having submitted evidence, TTB does not comments on whether, alternatively, blended it with Sangiovese wine. Based believe that Mammolo Toscano is in Moscato greco should be listed as a on the above evidence, TTB proposes to common enough usage to warrant its separate variety. approval for the designation of add Montepulciano to the list of grape American wines, but TTB welcomes variety names in § 4.91. Negrara comments on the issue. Moscato greco Avanguardia Wines petitioned TTB to Marquette Edna Valley Vineyard, San Luis add the name ‘‘Negrara’’ to the list of Peter Hemstad of the University of Obispo, California, petitioned TTB to approved grape variety names. Negrara Minnesota petitioned TTB to add the add the name ‘‘Moscato greco’’ to the list is a red Vitis vinifera variety from the name ‘‘Marquette’’ to the list of approved of approved grape variety names as a Veneto region of Italy. In Italy, it is one grape variety names. Marquette, a red synonym for the currently listed of the authorized components for use in hybrid developed by the University of ‘‘Malvasia bianca’’ variety. As evidence, Valpolicella (DOC). The petitioner Minnesota grape breeding program, was the petitioner submitted a letter in submitted published references to introduced in 2006 and has been which Dr. Carole Meredith of the Negrara and documented having granted Patent # 19579. According to Viticulture and Enology Department at obtained the vines for Negrara from FPS, the petitioner, 12 nurseries in 5 States UC Davis discusses DNA research into UC Davis. The petitioner reports making are licensed to propagate the variety. He the identity of Malvasia bianca grown in wine from Negrara grapes and blending further reports that 125,776 vines were California. According to Dr. Meredith, it it with Sangiovese wine. Based on the sold in 2006–8, or enough for roughly has been known for years that the petitioner’s evidence, TTB proposes to 193 acres of vine plantings. Based on Malvasia bianca grown in California is add Negrara to the list of grape variety this evidence, TTB proposes to add not the same as the most common types names in § 4.91. Marquette to the list of grape variety of Malvasia bianca grown in Italy. The Negro Amaro names in § 4.91. DNA profile of Malvasia bianca vines from both FPS and a large commercial Chiarito Vineyard, Ukiah, California, Monastrell California vineyard was analyzed by UC petitioned TTB to add ‘‘Negro Amaro’’ to Bokisch Vineyards and Winery, Davis. The DNA profile of all the the list of approved grape variety names. Victor, California, petitioned TTB to add analyzed vines matched that of Moscato Negro Amaro is a red Vitis vinifera ‘‘Monastrell’’ to the list of approved greco, a rare, Muscat-flavored variety variety that originated in the Apulia grape variety names as a synonym for from the Piedmont region of Italy. That region of Italy. To support the grape’s the currently listed names ‘‘Mourve`dre’’ grape, which according to Dr. Meredith consumer acceptance and use in and ‘‘Mataro.’’ The petitioner submitted has no official correct name in Italy, is California, the petitioner submitted a a number of published references that also commonly called Malvasia greca table from the Final Grape Crush Report note that Monastrell is the Spanish and Malvasia bianca di Piemonte. Dr. for 2003 issued by the California name for this grape variety. The variety, Meredith stated that the variety had a Department of Food and Agriculture. in fact, originated in Spain where it is definite muscat taste. The table shows that 0.6 and 2.4 tons of the second-most-planted red grape. The TTB contacted Dr. Meredith directly Negro Amaro grapes were crushed in National Grape Registry maintained by about this letter and asked if Moscato the State in 2003 and 2002, respectively. UC Davis lists Monastrell as the greco and Malvasia bianca can The petitioner also submitted letters variety’s prime name and lists accurately be called synonyms. She from two viticultural experts attesting Mourve`dre and Mataro as common stated that the names are not that the vines from which Chiarito synonyms. At the time of the petition, synonymous in Italy because there the Vineyard obtained its Negro Amaro the petitioner stated it planned to bottle name ‘‘Malvasia bianca’’ is used for grapes have been determined to be true 120 gallons of 2007 and 2008 Monastrell several different varieties. However, the to type. In addition, the petitioner wine. If Monastrell is approved, three DNA evidence from California vines submitted evidence that at least two names for this variety will appear in indicates that California Malvasia other California wineries are making § 4.91. TTB believes that the evidence bianca is indeed Moscato greco. For this wine from Negro Amaro grapes. Based warrants the approval of Monastrell, but reason, Dr. Meredith stated it is accurate on the petitioner’s evidence, TTB

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proposes to add Negro Amaro to the list American Journal of Enology and Polytechnic Institute and State of grape variety names in § 4.91. Viticulture, vol. 50, no. 3, 1999.) Using University, attesting that Petit Manseng the same DNA analysis, UC Davis is grown in Virginia. In 1998, Chrysalis Nero d’Avola identified grapevines from the Vineyards planted Petit Manseng Chiarito Vineyard also petitioned TTB petitioner’s vineyard as Peloursin. The cuttings obtained from a commercial to add ‘‘Nero d’Avola’’ to the list of petitioner reported having produced nursery in New York and has since approved grape variety names. Nero several wines from Peloursin grapes, bottled and sold wine made from these d’Avola is a red Vitis vinifera variety and would like to label his wine with grapes. The petitioner reports having originally from Sicily, now also grown the Peloursin name. Based on the received numerous requests for Petit in California. As part of the petition, the petitioner’s evidence, TTB proposes to Manseng cuttings from growers in petitioner submitted letters from two add Peloursin to the list of grape variety Virginia and other States. Based on the viticultural experts attesting that they names in § 4.91. petitioner’s submitted evidence, TTB have determined that the vines from proposes to add Petit Manseng to the list Petit Bouschet which Chiarito Vineyard obtained its of grape variety names in § 4.91. grapes are true to type. In addition, the Acorn Winery, Healdsburg, California, petitioner submitted evidence that at petitioned TTB to add ‘‘Petit Bouschet’’ Petite Sirah (Durif) least two other California wineries are to the list of approved grape variety P.S. I Love You, Inc. (PSILY), a self- making wine from Nero d’Avola grapes. names. Petit Bouschet, a red Vitis described Petite Sirah advocacy Based on the above evidence, TTB vinifera variety, was created in France organization based in California, proposes to add Nero d’Avola to the list in 1824 by Louis Bouschet as a cross of petitioned TTB to recognize the grape of grape variety names in § 4.91. Aramon grapes and Teinturier du Cher variety names ‘‘Petite Sirah’’ and ‘‘Durif’’ grapes. The petition included several as synonyms. Both names are currently Noiret pieces of evidence showing listed in § 4.91 as separate grape Dr. Bruce Reisch, Professor, international acceptance of this grape varieties. Department of Horticultural Sciences, and its name. According to historical As evidence that the two names refer New York State Agricultural Experiment references that the petitioner cited, the to the same grape, the petitioner Station, Cornell University, petitioned Petit Bouschet variety has been grown submitted an article concerning DNA to add ‘‘Noiret,’’ a red hybrid variety, to in California since the 1880’s. George research on California Petite Sirah vines the list of approved grape variety names. Husmann, influential in California’s conducted by Dr. Carole Meredith and The Noiret variety was developed at early winegrape industry, wrote in 1895 others (‘‘The Identity and Parentage of Cornell from a cross made in 1973 that Petit Bouschet was ‘‘especially the Variety Known in California as between NY65.0467.08 (NY33277 x cultivated [in California] because it Petite Sirah,’’ Meredith et al.). After Chancellor) grapes and Steuben grapes. contains a great amount of color and comparing California Petite Sirah plants According to a Cornell bulletin, this tannin, which makes it valuable for to French Durif plants, Dr. Meredith variety is moderately winter hardy, and blending’’ (‘‘American Grape Growing concluded that the majority of vines produces wines that have good tannin and Winemaking,’’ 1921, p. 201). The labeled ‘‘Petite Sirah’’ were genetically structure and that are free of the hybrid petitioner states that Petit Bouschet’s identical to Durif. DNA marker analysis aromas typical of many other red hybrid popularity was eclipsed by its progeny, of 13 Petite Sirah vines from the UC grapes. Noiret vines are currently Alicante Bouschet, produced in 1865 as Davis private collection identified 9 of available at commercial vineyards, and a cross of Petit Bouschet grapes and the vines as Durif. DNA testing of 53 virus-tested cuttings may be obtained Grenache grapes. When Alicante commercial Petite Sirah vines from 26 from FPS, UC Davis. In addition, the Bouschet became available in California private vineyards identified 49 of these petitioner stated that wineries in New and demand exceeded supply, nurseries vines as Durif. The testing found the York, Pennsylvania, Indiana, and sold it mixed with Petit Bouschet. As a remaining vines to be Peloursin (see elsewhere are making varietal wines result, California Petit Bouschet is often above), Syrah, or Pinot Noir. Dr. from Noiret grapes. Based on the above found in vineyards mixed with Alicante Meredith attributed the evidence, TTB proposes to add Noiret to Bouschet vines. The petitioner states misidentification of those three grape the list of grape variety names in § 4.91. that while Petit Bouschet is not usually vines to decades-old labeling and bottled as a varietal wine, it continues planting errors. PSILY also submitted a Peloursin to be blended into many California June 3, 2009, letter from Dr. Meredith The David Coffaro Winery petitioned wines. Petit Bouschet vines are also supporting its current petition. TTB to add ‘‘Peloursin’’ to the list of available at FPS, UC Davis, and at To demonstrate that this scientific approved grape variety names. commercial vineyards. Based on the research is widely accepted, the Peloursin is a red Vitis vinifera variety petitioner’s evidence, TTB proposes to petitioner cited a number of nurseries of French origin that has long been add Petit Bouschet to the list of grape that use the names Petite Sirah and grown in California, though often variety names in § 4.91. Durif synonymously. The petitioner also misidentified as Petite Sirah. In a study noted that two wine-related Web sites, conducted by UC Davis in the 1990’s, Petit Manseng Professional Friends of Wine (http:// DNA analysis of commercial vineyards Chrysalis Vineyards, Middleburg, www.winepros.org) and Appellation in California found that some vines Virginia, petitioned TTB to add ‘‘Petit America (http:// labeled as ‘‘Petite Sirah’’ were in fact the Manseng,’’ a white Vitis vinifera grape wine.appellationamerica.com), refer to Peloursin grape variety. (See ‘‘The with origins in southwestern France, to the two names as synonyms. The Identity and Parentage of the Variety the list of approved grape variety names. National Grape Registry maintained by Known in California as Petite Sirah,’’ by As evidence of the acceptance of this UC Davis also lists Petite Sirah and Carole P. Meredith, John E. Bowers, grape and its name, the petitioner Durif as synonyms. Summaira Riaz, Vanessa Handley, submitted numerous published The petitioner also included a letter Elizabeth B. Bandman, and Gerald S. references to the Petit Manseng grape from Dr. Deborah Golino, Director of Dangl, Department of Viticulture and variety. The petitioner also submitted Foundation Plant Services (FPS), UC Enology, University of California, Davis, letters from two professors at Virginia Davis, regarding FPS’ naming

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conventions for Petite Sirah. Because of three other California growers, ‘‘Brut Princess Cruises’’ on a domestic historical confusion about the use of the including the development vineyard at champagne; ‘‘Princess Foch’’ on a red name ‘‘Petite Sirah,’’ FPS uses the name UC Davis. Based on the evidence that wine; ‘‘Princess Peach’’ on a flavored ‘‘Durif’’ to identify and distinguish Petite the petitioner presented and because wine; ‘‘Little Princess’’ on a white wine; Sirah/Durif vines from Peloursin vines both names are used extensively in the and ‘‘The Princess’’ on a domestic that were earlier mistakenly labeled references that the petitioner submitted, champagne. These labels do not also ‘‘Petite Sirah.’’ Because § 4.91 currently TTB proposes to add both Piquepoul contain grape varietal designations. The does not recognize Petite Sirah and Blanc and Picpoul to the list of grape use of a grape variety name in a brand Durif as synonyms, vineyards variety names in § 4.91. name may be misleading and prohibited purchasing vines labeled as ‘‘Durif’’ from under § 4.39. If the name Princess is Prairie Star FPS are unable to market them as ‘‘Petite approved as a grape varietal name, these Sirah,’’ the name more widely The Minnesota Grape Growers labels may be misleading. Because of recognized in the United States. Association petitioned TTB to add this potentially adverse impact on TTB’s predecessor agency, the Bureau ‘‘Prairie Star’’ to the list of approved current labels, TTB believes that the of Alcohol, Tobacco and Firearms grape variety names. Prairie Star, a label holders should be given an (ATF), previously proposed recognizing white hybrid variety, was developed by opportunity to comment on this Petite Sirah and Durif as synonyms in Elmer Swenson as a cross between E.S. proposal prior to any administrative Notice No. 941 published in the Federal 2–7–13 grapes and E.S. 2–8–1 grapes. action that would add the grape variety Register (67 FR 17312) on April 10, The petitioner provided evidence that to the list of approved names in § 4.91. 2002. In support of this proposal, Notice the variety is very winter hardy and No. 941 cited Dr. Carole Meredith’s suffers little damage in all but the Reliance DNA research, discussed above. In harshest winters (minus 40 degrees OOVVDA Winery in Springfield, Notice No. 941, ATF also proposed to Fahrenheit and below). The petitioner Missouri, petitioned TTB to add recognize the names ‘‘Zinfandel’’ and further states that Prairie Star is grown ‘‘Reliance’’ to the list of approved grape ‘‘Primitivo’’ as synonyms, also based on in several upper Midwestern States and variety names. Reliance, a cross of Dr. Meredith’s research. in New York. Additionally, letters from Ontario and Suffolk Red grapes, is a red ATF received one supporting four Minnesota growers and wineries grape developed at the University of comment and one neutral comment in claiming success in growing and/or Arkansas in 1984. The petitioner states response to the Petite Sirah/Durif using Prairie Star in winemaking were that it made and sold Reliance wine in proposal in Notice No. 941. However, included with the petition. Based on the 2005 and 2006. According to UC Davis’s because of the length of time that has above evidence, TTB proposes to add National Grape Registry, this variety is elapsed since publication of Notice No. Prairie Star to the list of grape variety commercially available at four nurseries 941, TTB has determined that further names in § 4.91. in New York and Arkansas. Also, TTB public comment on this proposal would Princess is aware of at least one other winery be appropriate. selling a wine made from Reliance Based on the above-described Clayhouse Vineyard, Paso Robles, grapes. Based on this evidence, TTB evidence, TTB proposes to recognize California, petitioned TTB to add proposes to add Reliance to the list of Petite Sirah and Durif as synonymous ‘‘Princess’’ to the list of approved grape grape variety names in § 4.91. names in § 4.91. variety names. Princess is a white Vitis vinifera grape developed by the USDA Rondinella Piquepoul Blanc (Picpoul) Agricultural Research Service in Fresno, Avanguardia Wines petitioned TTB to Tablas Creek Vineyards petitioned California. Although it was originally add ‘‘Rondinella’’ to the list of approved TTB to add ‘‘Piquepoul Blanc’’ and its named ‘‘Melissa,’’ the name was changed grape variety names. Rondinella is a red synonym ‘‘Picpoul’’ to the list of to Princess because a grocery chain had Vitis vinifera variety grown mainly in approved grape variety names. previously trademarked the name the Veneto region of Italy. In Italy, it is Piquepoul Blanc is a white Vitis vinifera Melissa. The variety is available from a one of the varieties authorized for use in variety associated with the Rhoˆne number of commercial nurseries and, Valpolicella (DOC). The petitioner Valley of France. In France, it is one of according to the 2007 California Grape submitted published references to the the varieties authorized for use in Crush Report, 2,651.7 tons of Princess Rondinella grape and documented Chaˆteauneuf-du-Pape (Appellation grapes were crushed in California in having obtained Rondinella vines from d’origine controˆle´e, (AOC), a category in 2007. Although this grape is most FPS, UC Davis. The petitioner claims France’s wine designation system). As frequently used as a table grape, the having made wine from Rondinella evidence of the grape’s acceptance and petitioner used it to produce about grapes. Based on the above evidence, name validity, the petitioner submitted 1,875 gallons of wine in 2007. TTB proposes to add Rondinella to the numerous published references to the Although TTB believes that the list of grape variety names in § 4.91. names ‘‘Piquepoul Blanc’’ and ‘‘Picpoul’’ petition contains sufficient evidence from books, periodicals, and Internet under § 4.93 for us to approve the name Sabrevois sites. In 1995, Tablas Creek Vineyards ‘‘Princess,’’ TTB opted to propose adding The Minnesota Grape Growers imported Piquepoul Blanc vines into the the name to the list of grape variety Association petitioned TTB to add New York State Agricultural Station, names through rulemaking action rather ‘‘Sabrevois’’ to the list of approved grape Geneva, New York. After indexing, the than to approve it by letter due to variety names. A red hybrid variety, vines were declared virus free and potential conflicts with existing Sabrevois was developed by Elmer shipped bare root to the petitioner in certificates of label approval (COLAs). Swenson as a cross between E.S. 283 February 1998. In 2000, Tablas Creek An electronic search of TTB’s COLAs grapes and E.S. 193 grapes. The started planting Piquepoul Blanc, and online database for the word ‘‘Princess’’ petitioner submitted evidence that the by the time of the petition had planted produced 67 results, and TTB found five variety is very winter hardy and suffers one-half acre of the variety. The current COLAs that use the word little damage in all but the harshest petitioner reports having supplied ‘‘Princess’’ on a wine label as part of a winters (minus 31 degrees Fahrenheit). Piquepoul Blanc budwood and vines to fanciful name. These fanciful names are: The petitioner further states that

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Sabrevois is grown in several upper become a standard grape in Missouri, proposes to add Valvin Muscat to the Midwestern States and in New York. and they submitted evidence showing list of grape variety names in § 4.91. Letters from four Minnesota growers that it is grown and used for Vergennes and wineries claiming success in winemaking in several Midwestern and growing and/or using Sabrevois in Northeastern States. Based on this Arbor Hill Grapery/Winery, Naples, winemaking were included with the evidence, TTB proposes to add St. New York, petitioned TTB to add petition. Based on the above evidence, Vincent to the list of grape variety ‘‘Vergennes’’ to the list of approved TTB proposes to add Sabrevois to the names in § 4.91. grape variety names. Vergennes, a Vitis list of grape variety names in § 4.91. labrusca grape variety, was developed Sauvignon gris in Vergennes, Vermont, in 1874. A red Sagrantino Chimney Rock Winery, Napa, grape, it is used to produce a white Witch Creek Winery, Carlsbad, California, petitioned TTB to add wine. The petitioner documented that California, petitioned TTB to add ‘‘Sauvignon gris’’ to the list of approved the variety has been grown ‘‘Sagrantino’’ to the list of approved grape variety names. Sauvignon gris is commercially in New York for at least grape variety names. Sagrantino is a red a pink-skinned mutation of the 100 years. In addition, the petitioner Vitis vinifera grape from the Umbria Sauvignon blanc grape. The petitioner reports having made and sold Vergennes region of Italy, where it is most submitted a report from FPS, UC Davis, wine for 3 years with good consumer prominently used in Sagrantino di stating that two professors of viticulture acceptance. Based on the petitioner’s Montefalco (DOC). However, a limited have identified three selections of evidence, TTB proposes to add amount of Sagrantino is also grown in Sauvignon gris at FPS. The report also Vergennes to the list of grape variety the U.S. Recent DNA testing by UC states that FPS has sold Sauvignon gris names in § 4.91. Davis found that a vine in the FPS propagation materials to 13 commercial Vermentino collection originally labeled as nurseries and vineyards. Based on the ‘‘Sangiovese’’ is actually Sagrantino. In above evidence, TTB proposes to add Santa Lucia Winery, Inc., petitioned addition, the petitioner states that it and Sauvignon gris to the list of grape TTB to add ‘‘Vermentino’’ to the list of eight other U.S. wineries are growing variety names in § 4.91. approved grape variety names. and/or producing wine from Sagrantino. Vermentino is a white Vitis vinifera Valiant Based on the above evidence, TTB grape commonly associated with Italy, proposes to add Sagrantino to the list of Philip Favreau of Mooers, New York, particularly the island of Sardinia, and grape variety names in § 4.91. petitioned TTB to add ‘‘Valiant’’ to the with the French island of Corsica. As list of approved grape variety names. evidence of the grape’s consumer St. Pepin Valiant, a hybrid variety, was developed acceptance and name validity in the The Minnesota Grape Growers at South Dakota State University. A United States, the petitioner submitted Association petitioned TTB to add ‘‘St. crossing of the Fredonia grape variety numerous published references to Pepin’’ to the list of approved grape and the Wild Montana grape variety, it Vermentino, including retailers’ price variety names. A white hybrid variety, is reportedly cold hardy to temperatures lists, wine reviews, restaurant wine St. Pepin was developed by Elmer of minus 70 degrees Fahrenheit. Valiant lists, magazine articles, and excerpts Swenson as a cross between E.S. 114 vines are available at commercial from wine reference books. As evidence grapes and Seyval grapes. The petitioner nurseries, and wineries in several of the grape’s usage in California, the submitted evidence that the variety can Northern and Midwestern States are petitioners submitted a report published withstand temperatures to minus 25 °F, producing wine from the variety. Based in 2002 by the Paso Robles Vintners and and thus is suitable for use in many on this evidence, TTB proposes to add Growers Association stating that 1.77 northern growing regions. The Valiant to the list of grape variety names acres of Vermentino was being grown in petitioner states that St. Pepin is grown in § 4.91. the Paso Robles area. Santa Lucia in several upper Midwestern States and Winery planted its Vermentino in 1997 Valvin Muscat in New York. Letters from five growers using vines purchased from Tablas and wineries from Minnesota and Iowa Dr. Bruce Reisch, Professor, Creek Vineyard, Paso Robles, and made claiming success in growing and/or Department of Horticultural Sciences, wine from its first harvest in 2001. The using St. Pepin in winemaking were New York State Agricultural Experiment petitioner included a letter from Tablas included with the petition. Based on the Station, Cornell University, petitioned Creek Winery stating that three other above evidence, TTB proposes to add St. TTB to add ‘‘Valvin Muscat’’ to the list California wineries purchased Pepin to the list of grape variety names of approved grape variety names. Valvin Vermentino vines from the winery in § 4.91. Muscat, a white hybrid variety between 2000 and 2002. Based on the developed at Cornell University, above evidence, TTB proposes to add St. Vincent resulted from a crossing made in 1962 Vermentino to the list of grape variety Lucian Dressel of Carrollton, Illinois, between Couderc 299–35 grapes (known names in § 4.91. and Scott Toedebusch of Augusta, as ‘‘Muscat du Moulin’’) and Muscat Missouri, submitted a petition to add Ottonel grapes. A Cornell bulletin states Wine King ‘‘St. Vincent’’ to the list of approved that this variety is more winter hardy Chateau Z Vineyard, Monroe, grape variety names. St. Vincent is a red and disease resistant than muscat grapes Virginia, petitioned TTB to add ‘‘Wine hybrid variety that originated in that are pure Vitis vinifera. Valvin King’’ to the list of approved grape Missouri in the 1970s from what is Muscat vines are currently available at variety names. Wine King, a hybrid red believed to be a chance crossing in Mr. commercial vineyards, and virus-tested wine variety, was developed in Texas in Dressel’s vineyard in Augusta, Missouri. cuttings are available at FPS, UC Davis. 1898 by Thomas Volnay Munson. The The petitioners note that St. Vincent is In addition, the petitioner stated that National Germplasm Repository located winter hardy and produces wine that wineries in New York, Pennsylvania, in Geneva, New York, maintains this resembles Pinot Noir, which they Indiana, and elsewhere are making variety in its collection and distributes believe is one of its parents. The varietal wines from Valvin Muscat. cuttings. The petitioner, a grower of petitioners state that St. Vincent has Based on the above evidence, TTB Wine King, reports producing wine from

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the variety in 2006 and 2007. The are in some way not as valid as grape currently on the list in § 4.91, Petit Sirah winery further states that it has shipped names as the prime names when, in fact, and Durif. TTB also invites comments cuttings of the variety to three other every name in § 4.91, whether a prime on whether it is still necessary to wineries in Virginia and Kentucky. name or a synonym, is equally distinguish between prime names and Based on the petition evidence, TTB acceptable for use as a type designation synonyms for purposes of grape variety proposes to add Wine King to the list of on an American wine label. names for American wine. Finally, TTB grape variety names in § 4.91. Because no distinction should exist invites comment on any other issue between prime names and synonyms for Zinthiana raised by this notice of proposed the purposes of labeling, TTB proposes rulemaking, including, but not limited Lucian Dressel of Davis Viticultural to eliminate the word ‘‘prime’’ from the to, the proposed technical correction of Research, Carrollton, Illinois, petitioned heading of § 4.91, as well as from the the grape variety name ‘‘Agawam’’ and TTB to add ‘‘Zinthiana’’ to the list of second sentence of the introductory text the proposed one year use-up period approved grape variety names. of that section, and list each synonym from the publication of the final rule for Zinthiana is a red variety bred by the as if it were a prime name. As a result, any existing labels that use the name petitioner from a cross of Zinfandel and § 4.91 would simply set forth a list of ‘‘Agwam’’. Please support your comment Norton (Cynthiana) made in 2000. The grape names that have been approved as with specific information about the petitioner has applied for a patent for type designations for American wines, grape varietal name in question, as Zinthiana and has trademarked the followed, in parentheses, by the appropriate. name. According to the petitioner, 5 approved synonyms for that name. growers in 5 States grow about 13 acres Submitting Comments Technical Correction of the variety. The Mary Michelle You may submit comments on this Winery in Carrollton, Illinois, has made Finally, TTB has become aware of a notice by using one of the following wine from Zinthiana since 2006. Two technical error in § 4.91, that is, the three methods: other wineries plan to make wine from grape variety name ‘‘Agawam’’ is • Federal e-Rulemaking Portal: You the variety in 2009, according to the currently misspelled as ‘‘Agwam.’’ TTB may send comments via the online petitioner. Based on this evidence, TTB proposes to correct this error in this comment form linked to this notice in proposes to add Zinthiana to the list of document. TTB also proposes to allow Docket No. TTB–2011–0002 on grape variety names in § 4.91. the use of the spelling ‘‘Agwam’’ for a ‘‘Regulations.gov,’’ the Federal e- Zweigelt period of one year after publication of rulemaking portal, at http:// a final rule so that anyone holding a Mokelumne Glen Vineyards, Lodi, www.regulations.gov. A link to the COLA with the misspelling has docket is available under Notice No. 116 California, petitioned TTB to add sufficient time to obtain new labels. ‘‘Zweigelt’’ to the list of approved grape on the TTB Web site at http:// This allowance appears as a new www.ttb.gov/wine/wine- variety names. Zweigelt was developed paragraph (d) to proposed 27 CFR 4.92. in Austria in 1922 as a cross of St. rulemaking.shtml. Supplemental files If this proposal is adopted as a final may be attached to comments submitted Laurent and Blaufra¨nkisch, and is now rule, at the end of the one year period, Austria’s most widely planted red grape. via Regulations.gov. For information on holders of approved ‘‘Agwam’’ labels how to use Regulations.gov, click on the The petitioner, who obtained its must discontinue their use as their Zweigelt vines from a Virginia nursery, site’s Help or FAQ tabs. certificates of label approval will be • U.S. Mail: You may send comments has grown the variety since 2001. The revoked by operation of the final rule petitioner states it has sold wine made via postal mail to the Director, (see 27 CFR 13.51 and 13.72(a)(2)). TTB Regulations and Rulings Division, from the grape and plans to expand its believes the one year period will use of it. The petitioner reports that a Alcohol and Tobacco Tax and Trade provide such label holders with Bureau, P.O. Box 14412, Washington, local nursery is presently sold out of adequate time to use up their supply of Zweigelt vines and that other American DC 20044–4412. previously approved ‘‘Agwam’’ labels. • vineyards are also growing the variety. Hand Delivery/Courier: You may Based on the above evidence, TTB Public Participation hand-carry your comments or have them hand-carried to the Alcohol and proposes to add Zweigelt to the list of Comments Sought grape variety names in § 4.91. Tobacco Tax and Trade Bureau, 1310 G TTB requests comments from Street, NW., Suite 200E, Washington, Structure of Grape List members of the public, particularly any DC 20005. The § 4.91 list is currently structured person whose use of an approved label Please submit your comments by the as a list of prime grape names. Where might be impacted by final approval of closing date shown above in this notice. a synonym is specified for a grape the grape variety names that are the Your comments must reference Notice varietal, the synonym appears in subject of this proposed rule, for No. 116 and include your name and parenthesis after the prime grape name. example, label holders with brands that mailing address. Your comments also In most cases, the synonym does not include any of these names, such as must be made in English, be legible, and have its own listing. For example, the ‘‘Princess.’’ TTB is interested in be written in language acceptable for name ‘‘Black Malvoisie’’ is only listed in comments that might bring into public disclosure. TTB does not § 4.91 as a synonym after the variety’s question whether an added grape name acknowledge receipt of comments and prime name, ‘‘Cinsaut.’’ If the reader is accurate and appropriate for the considers all comments as originals. does not know that ‘‘Black Malvoisie’’ is designation of American wines. TTB is If you are commenting on behalf of an a synonym for ‘‘Cinsaut,’’ the reader may also interested in comments concerning association, business, or other entity, have difficulty determining if ‘‘Black the grape names discussed above that your comment must include the entity’s Malvoisie’’ is an approved grape variety TTB did not approve by letter: Canaiolo name as well as your name and position name. TTB believes that the current Nero, Mammolo Toscano (as a synonym title. If you comment via structure poses challenges for the reader for Mammolo), Moscato Greco, and Regulations.gov, please include the in identifying approved names. Princess, as well as TTB’s proposal to entity’s name in the ‘‘Organization’’ Moreover, it may suggest that synonyms recognize as synonyms two names blank of the comment form. If you

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comment via postal mail, please submit label, is entirely at the discretion of the Brianna your entity’s comment on letterhead. grower or bottler. This regulation does * * * * * You may also write to the not impose any new reporting, Cabernet Diane Administrator before the comment recordkeeping, or other administrative Cabernet Dore´ closing date to ask for a public hearing. requirements. Accordingly, a regulatory * * * * * The Administrator reserves the right to flexibility analysis is not required. Canaiolo (Canaiolo Nero) determine whether to hold a public Executive Order 12866 Canaiolo Nero (Canaiolo) hearing. This proposed rule is not a significant * * * * * Confidentiality regulatory action as defined by Carignan (Carignane) All submitted comments and Executive Order 12866. Therefore, it Carignane (Carignan) attachments are part of the public record requires no regulatory assessment. * * * * * and subject to disclosure. Do not Corot noir Drafting Information enclose any material in your comments * * * * * that you consider to be confidential or Jennifer Berry of the Regulations and Crimson Cabernet Rulings Division, Alcohol and Tobacco that is inappropriate for public * * * * * disclosure. Tax and Trade Bureau, drafted this Durif (Petite Sirah) document. Public Disclosure * * * * * List of Subjects in 27 CFR Part 4 On the Federal e-rulemaking portal, Erbaluce Regulations.gov, TTB will post, and the Administrative practice and Favorite public may view, copies of this notice, procedure, Advertising, Customs duties * * * * * selected supporting materials, and any and inspection, Imports, Labeling, Forastera electronic or mailed comments received Packaging and containers, Reporting * * * * * about this proposal. A direct link to the and recordkeeping requirements, Trade Freedom Regulations.gov docket containing this practices, Wine. * * * * * notice and the posted comments Proposed Amendments to the French Colombard (Colombard) received on it is available on the TTB Regulations Frontenac Web site at http://www.ttb.gov/wine/ Frontenac gris For the reasons discussed in the wine-rulemaking.shtml under Notice preamble, TTB proposes to amend 27 * * * * * No. 116. You may also reach the docket CFR part 4 as set forth below: Fume´ blanc (Sauvignon blanc) containing this notice and the posted * * * * * comments received on it through the PART 4—LABELING AND Garnacha (Grenache, Grenache noir) Regulations.gov search page at http:// ADVERTISING OF WINE Garnacha blanca (Grenache blanc) www.regulations.gov. All posted comments will display the commenter’s 1. The authority citation for 27 CFR * * * * * Geneva Red 7 name, organization (if any), city, and part 4 continues to read as follows: State, and, in the case of mailed Authority: 27 U.S.C. 205, unless otherwise * * * * * comments, all address information, noted. Graciano including e-mail addresses. TTB may 2. Section 4.91 is amended: * * * * * omit voluminous attachments or a. By removing the word ‘‘prime’’ from Grenache (Garnacha, Grenache noir) material that it considers unsuitable for the section heading and from the second Grenache blanc (Garnacha blanca) posting. sentence of the introductory text; and Grenache noir (Garnacha, Grenache) You and other members of the public b. By adding the word ‘‘variety’’ to the * * * * * may view copies of this notice, all second sentence of the introductory text Gru¨ ner Veltliner after the second use of ‘‘grape,’’ and related petitions, maps and other * * * * * c. In the list of grape variety names supporting materials, and any electronic Interlaken or mailed comments TTB receives about following the introductory text, by removing the entries for ‘‘Agwam,’’ * * * * * this proposal by appointment at the TTB Island Belle (Campbell Early) Information Resource Center, 1310 G ‘‘Carignane,’’ ‘‘Durif,’’ ‘‘Grenache,’’ Street, NW., Washington, DC 20220. ‘‘Limberger (Lemberger),’’ ‘‘Malvasia * * * * * You may also obtain copies for 20 cents bianca,’’ and ‘‘Petite Sirah’’ and by La Crescent per 8.5 x 11-inch page. Contact TTB’s adding new entries in alphabetical order * * * * * information specialist at the above to read as follows: Lagrein address or by telephone at 202–453– § 4.91 List of approved names. * * * * * 2270 to schedule an appointment or to Lemberger (Blaufra¨nkish, Limberger) * * * * * request copies of comments or other Agawam * * * * * materials. ¨ * * * * * Limberger (Blaufrankisch, Lemberger) Regulatory Flexibility Act Auxerrois Louise Swenson Lucie Kuhlmann TTB certifies under the provisions of * * * * * * * * * * the Regulatory Flexibility Act (5 U.S.C. Biancolella Malvasia bianca (Moscato greco) * * * * * 601 et seq.) that this proposed rule will Mammolo not have a significant economic impact Black Malvoisie (Cinsaut) on a substantial number of small Black Monukka * * * * * entities. The decision of a grape grower Black Muscat (Muscat Hamburg) Marquette to petition for a grape variety name * * * * * * * * * * approval, or the decision of a wine Blaufra¨nkish (Lemberger, Limberger) Mataro (Monastrell, Mourve`dre) bottler to use an approved name on a * * * * * * * * * *

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Melon (Melon de Bourgogne) Vermentino DEPARTMENT OF THE TREASURY * * * * * * * * * * Monastrell (Mataro, Mourve`dre) Alcohol and Tobacco Tax and Trade Vignoles (Ravat 51) Bureau * * * * * * * * * * Montepulciano White Riesling (Riesling) 27 CFR Parts 19, 24, 25, 26, 40, 41, and * * * * * 70 Moscato greco (Malvasia bianca) Wine King Mourve`dre (Mataro, Monastrell) [Docket No. TTB–2011–0001; Notice No. * * * * * 115; Re: T.D. TTB–89; T.D. ATF–365; T.D. * * * * * Zinthiana TTB–41; ATF Notice No. 813 and TTB Notice Muscat Canelli (Muscat blanc) No. 56] Zweigelt * * * * * RIN 1513–AB43 Negrara 3. Section 4.92 is amended by adding * * * * * paragraph (d) to read as follows: Time for Payment of Certain Excise Taxes, and Quarterly Excise Tax Negro Amaro § 4.92 Alternative names permitted for Nero d’Avola temporary use. Payments for Small Alcohol Excise Taxpayers * * * * * * * * * * Noiret AGENCY: (d) Wines bottled prior to [date one Alcohol and Tobacco Tax and * * * * * year after publication of the final rule in Trade Bureau, Treasury. Peloursin Federal Register ACTION: Notice of proposed rulemaking. Petit Bouschet the ]. Petit Manseng Alternative Name/Prime Name SUMMARY: Elsewhere in this issue of the Federal Register, the Alcohol and * * * * * Agwam—Agawam Petite Sirah (Durif) Tobacco Tax and Trade Bureau is Signed: October 8, 2010. issuing a temporary rule to implement * * * * * certain changes made to the Internal Picpoul (Piquepoul blanc) John J. Manfreda, Administrator. Revenue Code of 1986 by the Uruguay * * * * * Round Agreement Act of 1994 and by Pinot Grigio (Pinot gris) Approved: December 3, 2010. the 2005 Safe, Accountable, Flexible, * * * * * Timothy E. Skud, Efficient Transportation Equity Act: A Pinot Meunier (Meunier) Deputy Assistant Secretary, Tax, Trade, and Legacy for Users. The temporary rule * * * * * Tariff Policy. updates and reissues regulations Piquepoul blanc (Picpoul) [FR Doc. 2011–1134 Filed 1–19–11; 8:45 am] pertaining to the semimonthly payments Prairie Star BILLING CODE 4810–31–P of excise tax on distilled spirits, wine, * * * * * beer, tobacco products, and cigarette Princess papers and tubes, and also reissues * * * * * DEPARTMENT OF THE TREASURY temporary regulations regarding Refosco (Mondeuse) quarterly payment of excise tax for Alcohol and Tobacco Tax and Trade small alcohol excise taxpayers. The text * * * * * Bureau of the regulations in the temporary rule Reliance published elsewhere in this issue of the * * * * * 27 CFR Parts 5 Federal Register serves as the text of the Rkatsiteli (Rkatziteli) proposed regulations. * * * * * [Docket No. TTB–2010–0008; Notice No. DATES: Comments must be received on Rondinella 111] or before March 21, 2011. * * * * * ADDRESSES: You may send comments on Sabrevois RIN 1513–AB79 this notice to one of the following * * * * * addresses: • Sagrantino Disclosure of Cochineal Extract and http://www.regulations.gov (via the online comment form for this notice as * * * * * Carmine in the Labeling of Wines, posted within Docket No. TTB–2011– St. Pepin Distilled Spirits, and Malt Beverages 0001 at ‘‘Regulations.gov,’’ the Federal e- St. Vincent Correction rulemaking portal); * * * * * • Mail: Director, Regulations and In proposed rule document 2010– Sauvignon gris Rulings Division, Alcohol and Tobacco 27733 beginning on page 67669 in the * * * * * Tax and Trade Bureau, P.O. Box 14412, issue of Wednesday, November 3, 2010, Seyval blanc (Seyval) Washington, DC 20044–4412; or Shiraz (Syrah) make the following correction: • Hand Delivery/Courier in Lieu of * * * * * § 5.32 [Corrected] Mail: Alcohol and Tobacco Tax and Trebbiano (Ugni blanc) Trade Bureau, 1310 G Street, NW., Suite On page 67672, in the third column, * * * * * 200E, Washington, DC 20005. in § 5.32(b)(6), in the eighth line, See the Public Participation section of Valdepen˜ as (Tempranillo) ‘‘February 1, 2011’’ should read [DATE this notice for specific instructions and * * * * * 90 DAYS AFTER DATE FINAL RULE IS requirements for submitting comments, Valiant PUBLISHED IN THE FEDERAL and for information on how to request Valvin Muscat REGISTER]. a public hearing. * * * * * [FR Doc. C1–2010–27733 Filed 1–19–11; 8:45 am] You may view copies of this notice, Vergennes BILLING CODE 1505–01–D any comments received, and the related

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