[Federal Register Volume 65, Number 241 (Thursday, December 14, 2000)]
[Rules and Regulations]
[Pages 78095-78096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31486]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 4

[T.D. ATF-433; Ref. Notice No. 883]
RIN 1512-AC03


Addition of a New Grape Variety Name for American Wines (99R-
142P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.

ACTION: Treasury decision, final rule.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is adding a 
new name, ``Dornfelder'', to the list of prime grape variety names for 
use in designating American wines. Dornfelder is a red variety, 
developed in Germany in 1955, currently grown commercially in the 
United States.

EFFECTIVE DATE: Effective February 12, 2001.

FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Bureau of Alcohol, 
Tobacco and Firearms, 111 W. Huron Street, Room 219, Buffalo, NY 14202-
2301, (716) 551-4048.

SUPPLEMENTARY INFORMATION:

1. Background on Grape Variety Names

    Under 27 CFR 4.23(b), a wine bottler may use a grape variety name 
as the designation of a wine if not less than 75 percent of the wine 
(51 percent in some circumstances) is derived from that grape variety. 
The wine must also be labeled with an appellation of origin. Under 
Sec. 4.23(d), a bottler may use two or more grape variety names as the 
designation of a wine if all varieties are listed on the brand label 
and the percentage of the wine derived from each grape variety is shown 
on the label.
    Treasury Decision ATF-370 (61 FR 522), January 8, 1996, adopted a 
list of grape variety names that ATF has determined to be appropriate 
for use in designating American wines. The list of prime grape names 
and their synonyms appears at Sec. 4.91, while additional alternative 
grape names temporarily authorized for use are listed at Sec. 4.92.

How May New Varieties Be Added to the List of Prime Grape Names?

    Under Sec. 4.93 any interested person may petition ATF to include 
additional grape varieties in the list of prime grape names. 
Information with a petition should provide evidence of the following:
     Acceptance of the new grape variety;
     The validity of the name for identifying the grape 
variety;
     Information that the variety is used or will be used in 
winemaking; and
     Information that the variety is grown and used in the 
United States.
    For the approval of names of new grape varieties, the petition may 
include:
     A reference to the publication of the name of the variety 
in a scientific or professional journal of horticulture or a published 
report by a professional, scientific or winegrowers' organization;
     A reference to a plant patent, if patented; and
     Information about the commercial potential of the variety 
such as the acreage planted or market studies.
    Section 4.93 also places certain restrictions on grape names that 
will be approved. A name will not be approved:
     If it has previously been used for a different grape 
variety;
     If it contains a term or name found to be misleading under 
Sec. 4.39; or
     If a name of a new grape variety contains the term 
``Riesling.''
    The Director reserves the authority to disapprove the name of a 
grape variety developed in the United States if the name contains words 
of geographical significance, place names, or foreign words that are 
misleading under Sec. 4.39.

2. Dornfelder Rulemaking

Petition
    ATF received a petition proposing to add the name ``Dornfelder'' to 
the list of prime grape variety names approved for the designation of 
American wines. Mr. John Weygandt and Ms. Alice Weygandt of Stargazers 
Vineyard in Coatesville, Pennsylvania, submitted the petition.
    According to information submitted by the petitioners, Dornfelder 
is a red variety, developed in Germany in 1955. It is a crossing of 
Helfenstein (a crossing of Fruhburgunder and Trollinger) and Heroldrebe 
(a crossing of Portugieser and Limberger). According to Jancis 
Robinson's Vines, Grapes and Wines (First American Edition 1986), 
Dornfelder is * * * perhaps Germany's most promising `new' red 
crossing.'' The name ``Dornfelder'' is derived from Imanuel Dornfeld, 
founding father of the Wurttemberg viticultural school during

[[Page 78096]]

the mid-19th century. ``Dornfelder'' was approved as a varietal name 
under German wine regulations in 1980.
    In the United States, the breeders have obtained plant variety 
protection through the Plant Variety Protection Act, 7 U.S.C. Chapter 
57, until 2009. The petitioners planted 600 vines of this variety in 
1997, which will bear a commercial crop in 2000. In addition, three 
other growers in the states of Virginia, Pennsylvania, and Michigan 
have planted this variety. Dornfelder plants have been offered for sale 
by American Nursery, located in California and Virginia, since 1996.

Notice No. 883

    In Notice 883, published March 9, 2000, ATF proposed to add the 
name ``Dornfelder'' to the list of approved prime names in Sec. 4.91. 
No comments were received. Because sufficient evidence was provided to 
satisfy the requirements under Sec. 4.93, ATF is amending Sec. 4.91 to 
include ``Dornfelder'' in the list of approved prime names for grape 
varieties.

3. Regulatory Analyses and Notices

Does the Paperwork Reduction Act Apply to This Final Rule?

    The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35, and its implementing regulations, 5 CFR part 1320, do not 
apply to this notice because no requirement to collect information is 
proposed.

How Does the Regulatory Flexibility Act Apply to This Final Rule?

    It is hereby certified that this regulation will not have a 
significant economic impact on a substantial number of small entities. 
This regulation will permit the use of the grape varietal name 
Dornfelder. No negative impact on small entities is expected. No new 
requirements are proposed. Accordingly, a regulatory flexibility 
analysis is not required.

Is This a Significant Regulatory Action as Defined by Executive Order 
12866?

    This is not a significant regulatory action as defined by Executive 
Order 12866. Therefore, a regulatory assessment is not required.

4. Drafting Information

    The principal author of this document is Jennifer Berry, 
Regulations Division, Bureau of Alcohol, Tobacco, and Firearms.

List of Subjects in 27 CFR Part 4

    Advertising, Consumer Protection, Customs duties and inspections, 
Imports, Labeling, Packaging and containers, and Wine.

Authority and Issuance

    Accordingly, 27 CFR part 4, Labeling and Advertising of Wine, is 
amended as follows:
    Paragraph 1. The authority citation for part 4 continues to read as 
follows:

    Authority: 27 U.S.C. 205.


    Par. 2. Section 4.91 is amended by adding the name ``Dornfelder,'' 
in alphabetical order, to the list of prime grape names, to read as 
follows:


Sec. 4.91  List of approved prime names.

* * * * *

Dornfelder

* * * * *

Bradley A. Buckles,
Director.
    Approved: August 11, 2000.
John P. Simpson,
Deputy Assistant Secretary, (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 00-31486 Filed 12-13-00; 8:45 am]
BILLING CODE 4810-31-P