[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Proposed Rules]
[Pages 37609-37611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17935]



[[Page 37609]]

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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 4

[Notice No. 924]
RIN 1512-AC29


Proposed Addition of New Grape Variety Names for American Wines 
(2000R-322P)

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 (ATF) is 
proposing to add four new names to the list of prime grape variety 
names for use in designating American wines: Albarino, Alvarinho, Black 
Corinth, and Fiano.

DATES: Written comments must be received by September 17, 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. 924).

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 the Federal Alcohol Administration Act (27 U.S.C. Sec. 201 et 
seq.) (FAA Act), wine labels must provide ``the consumer with adequate 
information as to the identity and quality'' of the product. The FAA 
Act also requires that the information appearing on wine labels not 
mislead the consumer.
    To help carry out these statutory requirements, ATF has issued 
regulations, including those that designate grape varieties. Under 27 
CFR Sec. 4.23(b) and (c), 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 the case of wine made from Vitis labrusca grapes) 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 of 
the grapes used to make the wine are of the labeled varieties, and if 
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. ATF 
believes the listing of approved grape variety names for American wines 
will help standardize wine label terminology, provide important 
information about the wine, and prevent consumer confusion.
    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 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 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.

2. Petitions

Petition for Albarino/Alvarinho

    Havens Wine Cellars in Napa, California, has petitioned ATF 
proposing the addition of the name ``Albarino'' to the list of prime 
grape names approved for the designation of American wines. Albarino, a 
white Vitis vinifera grape, has been grown for centuries in Spain and 
Portugal, but is relatively new to the United States. In Portugal, the 
grape is known by the name ``Alvarinho.''

    The petitioners state that Albarino has long been recognized in 
Europe and in academic communities. As evidence of this, the 
petitioners submitted the following supporting documents provided by 
Professor Carole Meredith of the Viticulture and Enology Department at 
the University of California at Davis (UC Davis):
     European Union Regulation 3201/90: This regulation permits 
the use of the name ``Albarino'' on labels of Spanish wines, and the 
name ``Alvarinho'' on labels of Portuguese wines.
     Two scientific papers from the American Journal of Enology 
and Viticulture: ``Effects of Grapevine Leafroll-Associated Virus 3 on 
the Physiology and Must of Vitis vinifera L. cv. Albarino Following 
Contamination in the Field,'' published in Volume 50, 1999, discusses a 
study conducted on Albarino grape vines, and ``Contribution of 
Saccharomyces and Non-Saccharomyces Populations to the Production of 
Some Components of Albarino Wine Aroma,'' published in Volume 47, 1996, 
describes a study conducted on Albarino musts.
     ``The Genetic Resources of Vitis'': This listing of 
international grape variety names and synonyms, published in 1988 by 
the German Federal Grape Breeding Institute, lists Alvarinho as the 
prime name for the grape varietal with Albarino as a synonym.
     An abstract for an article from the Journal of the 
American Society for Horticultural Science: ``Molecular marker analysis 
of Vitis vinifera 'Albarino' and some similar grapevine cultivars,'' 
published September 1998, describes a DNA analysis conducted on 
Albarino grapevines.
    The petitioner also submitted several wine literature articles, 
from sources such as Wine Spectator and Wine Today, which mention 
Albarino/Alvarinho wine.
    ATF contacted Professor Meredith and asked her if the name 
``Alvarinho'' should be added to the list as a synonym of Albarino. She 
replied that both names are well established in Europe and are equally 
valid names for the grape. She stated that because the grape is 
relatively new to the U.S., she didn't know which name is most commonly 
used by U.S. winemakers.

[[Page 37610]]

She noted that UC Davis has an example of the grapevine in its 
collection and uses the name ``Alvarinho'', most likely because the 
plant originally came from Portugal.
    Havens Wine Cellar reports that it has 2\1/2\ acres of Albarino in 
production, with the first crop picked in 1999. They also presented 
evidence that at least two other California wineries are also growing 
Albarino. ATF knows of a Virginia winery that is also growing the 
grape. The petitioner comments that American consumers are looking for 
new and exciting varietals and Albarino fills this niche.
    Based on the evidence presented by the petitioner, ATF proposes the 
addition of this grape to the list of American grape variety names. 
Since the evidence indicates that both names are equally valid, ATF 
proposes to add the names ``Albarino'' and ``Alvarinho'' to Sec. 4.91 
as prime names and as synonyms.

Petition for Black Corinth

    Hallcrest Vineyards in Felton, California, has petitioned ATF to 
include the grape variety Black Corinth on the list of prime grape 
names approved for the designation of American wines. Black Corinth 
grapes are widely grown in California, where the vast majority of them 
are dried into raisins and marketed under the name ``Zante Currant.''
    As evidence of the grape's acceptance and use in California, 
Hallcrest Vineyards submitted the following statistical reports issued 
by the State of California:
     Final Grape Crush Report for the 1999 crop, issued by the 
California Department of Food and Agriculture.
     California Grape Acreage report for 1999, issued by the 
California Agricultural Statistics Service, in cooperation with the 
U.S. Department of Agriculture.

    Both reports include statistical tables with the data broken down 
by grape varietal, including Black Corinth. According to Table 2 of the 
Grape Acreage report, there were 2,384 standing acres of Black Corinth 
planted in California in 1999. The petitioner states these tables are 
clear evidence that the grape is grown in California and is recognized 
by the California Department of Food and Agriculture.
    Other documentation of the grape includes The Oxford Companion to 
Wine (Jancis Robinson, Oxford University Press, 1999), which states 
that Black Corinth is one of the most commonly used grape varieties in 
the world raisin industry, and has on occasion been used in winemaking. 
The Office International de la Vigne et du Vin, an international 
association for wine, officially recognizes the names ``Black Corinth'' 
and ``Zante Currant'' for the grape.
    Hallcrest Vineyards states it has made a fruity, blush dessert wine 
from the Black Corinth grape. ATF is aware of at least one other winery 
using the grape to produce a table wine. Because the evidence satisfies 
the requirements of Sec. 4.93, ATF proposes to add Black Corinth to the 
list of prime grape names in Sec. 4.91. Because ATF feels that the name 
``Zante Currant'' may mislead the consumer into thinking the wine is 
made from currants and not grapes, it is not proposing the name as a 
synonym. ATF, however, welcomes comments on this issue.

Petition for Fiano

    United Distillers and Vintners North America, Inc. (UDV) has 
petitioned ATF for the addition of the name ``Fiano'' to the list of 
prime grape names approved for the designation of American wines. UDV 
owns three wineries in California--Beaulieu Vineyards, Glenn Ellen 
Carneros Winery, and Blossom Hill.
    Fiano is a white varietal, long grown in the Campania region of 
Italy where it is used to produce the Denominazione di Origine 
Controllata wine Fiano di Avellino. According to information submitted 
by the petitioner, Fiano is an old grape with a history that can be 
traced back to the ancient Romans. An order for Fiano wine was placed 
in the register of the Holy Roman Emperor Frederick II (1215-1250), and 
Charles d'Anjou (1227-1285) was known to have planted 16,000 Fiano 
vines. Reference sources referring to the Fiano grape include The New 
Sotheby's Wine Encyclopedia (Tom Stevenson, DK Publishing, Inc., 1997) 
and The Oxford Companion to Wine (Jancis Robinson, Oxford University 
Press, 1999).
    As evidence of the grape's use in the U.S., UDV has submitted a 
price list from Herrick Grapevines in St. Helena, California, listing 
Fiano in the grapevine inventory. According to this inventory, the 
Fiano was planted in 1997 and was obtained from Duarte Nursery in 
Modesto, California. UDV further states that Beaulieu Vineyard has 
produced two vintages of Fiano wine, and it has submitted evidence that 
at least three other California vineyards and one New York vineyard are 
also growing Fiano. The petitioner submitted a letter from Monterey 
Pacific, one of the California growers, stating that they've had five 
years of experience with Fiano, and find it to be a grape with 
distinctive varietal character.
    Based on the evidence presented in the petition, ATF is proposing 
the Fiano grape for inclusion 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 6300, 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:

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     Contain your name, mailing address, and e-mail address.
     Reference this notice number.
     Be legible when printed on not more than three pages 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/alcohol/rules/index.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 regulation will permit the use of new grape varietal 
names. 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, Customs duties and inspection, Imports, Labeling, 
Packaging and containers, Reporting and recordkeeping requirements, 
Trade practices, Wine.

Authority and Issuance

    Accordingly, 27 CFR part 4, Labeling and Advertising of Wine, is 
amended as follows:

PART 4--[AMENDED]

    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 ``Albarino'', ``Alvarinho'', ``Black 
Corinth'', and ``Fiano'' 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.

Albarino (Alvarinho)

* * * * *

Alvarinho (Albarino)

* * * * *

Black Corinth

* * * * *

Fiano

* * * * *

    Signed: May 24, 2001.
Bradley A. Buckles,
Director.

    Approved: June 22, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary (Regulatory, Tariff & Trade 
Enforcement).
[FR Doc. 01-17935 Filed 7-18-01; 8:45 am]
BILLING CODE 4810-13-P