[Federal Register Volume 66, Number 74 (Tuesday, April 17, 2001)]
[Proposed Rules]
[Pages 19738-19740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9479]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 4

[Notice No. 915]
RIN: 1512-AC26


Proposed Addition of New Grape Variety Names for American Wines 
(2000R-307P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms, Department of the 
Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms has received 
petitions proposing to add two new names, ``Counoise'' and ``St. 
Laurent,'' to the list of prime grape variety names for use in 
designating American wines.

DATES: Written comments must be received by June 18, 2001.

ADDRESSES: Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC 
20091-0221 (Attn: Notice No. 915).

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

SUPPLEMENTARY INFORMATION:

1. Background

    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 circumstances detailed in Sec. 4.23(c)) is derived from 
that grape variety. Under Sec. 4.23(d), a bottler may use two or more 
grape variety names as the designation of a wine if:
     All grapes used to make the wine are the labeled 
varieties;
     The percentage of the wine derived from each grape variety 
is shown on the label; and
     If labeled with multiple appellations, the percentage of 
the wine derived from each varietal from each appellation 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.
    ATF has received petitions proposing that new grape variety names 
be listed in Sec. 4.91. 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;
     That the variety is used or will be used in winemaking; 
and
     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 and its location or market studies.
    Section 4.93 also places certain eligibility restrictions on the 
approval of grape variety names. A grape variety name will not be 
approved:
     If the name has previously been used for a different grape 
variety;
     If the name contains a term or name found to be misleading 
under Sec. 4.39; or
     If the name of a new grape variety contains the term 
``Riesling.''
    The Director reserves the authority to disapprove the name of a new 
grape variety developed in the United States if the name contains words 
of geographical significance, place names, or foreign words which are 
misleading under Sec. 4.39. The Director will not approve the use of a 
grape variety name that is misleading.

2. Petitions

Counoise Petition

    Tablas Creek Vineyard in Paso Robles, California, has petitioned 
ATF proposing the addition of the name ``Counoise'' to the list of 
prime grape variety names approved for the designation of American 
wines. Counoise is a red varietal originally from the Rhone region of 
France, where it has traditionally been a component of Chateauneuf-du-
Pape.
    The petitioner has submitted the following published references to 
Counoise to establish its acceptance as a grape and the validity of its 
name:

     Cepages et Vignobles de France, Volume II, by Pierre 
Galet, 1990, pp. 106-107.
     Catalogue of Selected Wine Grape Varieties and Clones 
Cultivated in France, published by the French Ministry of Agriculture, 
Fisheries and Food, 1997, pp. 67 & 216.
     Traite General de Viticulture Ampelographie, Volume II, by 
P. Viala and V. Vermoral, 1991, pp. 78-80.
     Guide to Wine Grapes, Oxford University Press, 1996, by 
Jancis Robinson, p. 61.
    The first three references are scientific articles that discuss the 
grape's origin, cultivation, and ampelography (the study and 
classification of grapevines). The Guide to Wine Grapes, intended for 
the general reader, discusses the cultivation of Counoise in the Rhone 
region and notes that it is ``one of the more rarefied ingredients in 
red Chateauneuf-du-Pape.''
    Tablas Creek Vineyard states that it imported the Counoise plant 
into the USDA station in Geneva, New York, in 1990. The plant was 
declared virus free

[[Page 19739]]

in 1993 and shipped bare-root to Tablas Creek Vineyard in Paso Robles, 
California in February 1993. The winery multiplied, grafted and started 
planting Counoise in 1996.
    The petitioner states that the Counoise grape is currently grown 
and used in the United States in winemaking. It reports that in 1999 
and 2000, it shipped several orders for Counoise grafted vines, own-
root plants and budwood to vineyards in California, Washington, and 
Arizona. When ATF contacted some of these vineyards, they reported that 
the plants are doing well and that they plan to produce wine from the 
resulting grapes.
    In addition, the petitioner states that Counoise has enormous 
commercial potential in California. The variety is easy to graft and 
moderately vigorous. It is well adapted to most California regions, 
ripening fairly late in the cycle, after Grenache but before Mourvedre 
and Cabernet Sauvignon. Tablas Creek has had three crops off their 3.5 
acre planting. The winery reports that the 1998 harvest had a brix of 
23.6 with a pH of 3.4, while the 1999 harvest had a brix of 26.9 with a 
pH of 3.4. The petitioner further states that the wine is well-colored 
and rich, with excellent aromatics and spice.

St. Laurent Petition

    Mr. Robin Partch of Northern Vineyards Winery in Stillwater, 
Minnesota, has petitioned ATF for the addition of the name ``St. 
Laurent'' to the list of prime grape variety names approved for the 
designation of American wines. St. Laurent is a red Vitis vinifera 
grape originally from France, but now grown mainly in central Europe, 
especially Austria.
    The petitioner has submitted several published references to St. 
Laurent as evidence of its acceptance and name validity, including the 
following:

 The Oxford Companion to Wine, 1st edition, edited by Jancis 
Robinson, 1994, pp. 839-840.
 Production of Grapes and Wine in Cool Climates, by David 
Jackson and Danny Schuster, 1994, pp. 105-106.
 Vines, Grapes and Wines, by Jancis Robinson, 1986, p. 221.

    According to these references, St. Laurent is a deeply colored 
grape with a thick skin, which makes it disease resistant. It buds 
early and is thus susceptible to spring frosts, but it also ripens 
early.
    The petitioner has offered the following evidence that the St. 
Laurent grape is grown and used in the U.S. for winemaking. According 
to the petitioner, one commercial grower in Minnesota, a member of the 
Minnesota Winegrowers Cooperative, planted about \1/4\ an acre of St. 
Laurent in 1995. The petitioner has made wine from the 1999 crop and is 
pleased with the results. The grower reports that the grape's disease-
resistance and tendency to ripen early make it suitable for cooler 
climates with a short growing season.
    The petitioner reports that St. Laurent plants are also being grown 
in the collection of the University of Minnesota. This was confirmed by 
Peter Hemstad, a research viticulturist at the University's 
Horticulture Research Center, who reports that he has made a good 
quality red wine from the university's grapes. Mr. Hemstad states that 
he expects St. Laurent to become more widely planted in the U.S., 
especially in cooler climates. He further states that he would 
recommend St. Laurent to growers in cooler climate states such as 
Minnesota, Michigan, and New York.
    Based on the evidence submitted by the petitioner, ATF proposes to 
add the grape variety ``St. Laurent'' to the list of prime grape names 
in Sec. 4.91.

3. Public Participation

Who May Comment on This Notice?

    ATF requests comments from all interested parties. We will 
carefully consider all comments we receive on or before the closing 
date. We will also carefully consider comments we receive after that 
date if it is practical to do so, but we cannot assure consideration 
for late comments. ATF specifically requests comments on the clarity of 
this proposed rule and how it may be made easier to understand.

Can I Review Comments Received?

    Copies of the petitions and written comments in response to this 
notice of proposed rulemaking will be available for public inspection 
during normal business hours at: ATF Reference Library, Office of 
Liaison and Public Information, Room 6480, 650 Massachusetts Avenue, 
NW, Washington, DC 20226.

Will ATF Keep My Comments Confidential?

    ATF cannot recognize any material in comments as confidential. All 
comments and materials may be disclosed to the public. If you consider 
your material to be confidential or inappropriate for disclosure to the 
public, you should not include it in the comments. We may also disclose 
the name of any person who submits a comment. A copy of this notice and 
all comments will be available for public inspection during normal 
business hours at: ATF Reference Library, Office of Liaison and Public 
Information, Room 6480, 650 Massachusetts Avenue, NW., Washington, DC 
20226.

How Do I Send Facsimile Comments?

    You may submit comments of not more than three pages by facsimile 
transmission to (202) 927-8525. Facsimile comments must:
     Be legible.
     Reference this notice number.
     Be 8\1/2\"  x  11" in size.
     Contain a legible written signature.
     Be not more than three pages.
    We will not acknowledge receipt of facsimile transmissions. We will 
treat facsimile transmissions as originals.

How Do I Send Electronic Mail (E-mail) Comments?

    You may submit comments by e-mail by sending the comments to 
[email protected]. You must follow these instructions. E-mail 
comments must:
     Contain your name, mailing address, and e-mail address.
     Reference this notice number.
     Be legible when printed on not more than three pages 8\1/
2\"  x  11" in size.
    We will not acknowledge receipt of e-mail. We will treat e-mail as 
originals.

How Do I Send Comments to the ATF Internet Web Site?

    You may also submit comments using the comment form provided with 
the online copy of the proposed rule on the ATF Internet web site at 
http://www.atf.treas.gov/core/regulations/rules.htm.

3. Regulatory Analyses and Notices

Does the Paperwork Reduction Act Apply to This Proposed 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 Proposed Rule?

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

[[Page 19740]]

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, 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.

    Para. 2. Section 4.91 is amended by republishing the introductory 
text and by adding the names ``Counoise'' and ``St. Laurent,'' in 
alphabetical order, to the list of prime grape names, to read as 
follows:


Sec. 4.91  List of approved prime names.

    The following grape variety names have been approved by the 
Director for use as type designations for American wines. When more 
than one name may be used to identify a single variety of grape, the 
synonym is shown in parentheses following the prime name. Grape variety 
names may appear on labels of wine in upper or in lower case, and may 
be spelled with or without the hyphens or diacritic marks indicated in 
the following list.
* * * * *

Counoise

* * * * *

St. Laurent

    Dated: March 16, 2001.
Bradley A. Buckles,
Director.

    Approved: March 26, 2001.
Timothy E. Skud,
Deputy Assistant Secretary, (Regulatory, Tariff & Trade Enforcement).
[FR Doc. 01-9479 Filed 4-16-01; 8:45 am]
BILLING CODE 4810-31-P