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

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Federal Register/Vol. 76, No. 13/Thursday, January 20, 2011 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 VerDate Mar<15>2010 18:20 Jan 19, 2011 Jkt 223001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\20JAP1.SGM 20JAP1 emcdonald on DSK2BSOYB1PROD with PROPOSALS 3574 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Proposed Rules 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.
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