[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49279-49280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24053]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 4

[T.D. ATF-466; Re: Notice No. 915]
RIN 1512-AC26


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

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

ACTION: Treasury decision, final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Alcohol, Tobacco, and Firearms (ATF) is adding 
two new names, ``Counoise'' and ``St. Laurent,'' to the list of prime 
grape variety names for use in designating American wines.

EFFECTIVE DATE: Effective November 26, 2001.

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. Rulemaking

Counoise Petition

    Tablas Creek Vineyard in Paso Robles, California, 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 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 stated that it imported the Counoise plant 
into the USDA station in Geneva, New York, in 1990. The plant was 
declared virus free 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 stated that the Counoise grape is currently grown 
and used in the United States in winemaking. It reported 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 stated that Counoise has enormous 
commercial potential in California. The variety is easy to graft and 
moderately vigorous. It

[[Page 49280]]

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 reported 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 stated 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, 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 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 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 reported that the grape's disease-
resistance and tendency to ripen early make it suitable for cooler 
climates with a short growing season.
    The petitioner reported 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 reported that he has 
made a good quality red wine from the University's grapes. Mr. Hemstad 
stated that he expects St. Laurent to become more widely planted in the 
U.S., especially in cooler climates. He further stated that he would 
recommend St. Laurent to growers in cooler climate states such as 
Minnesota, Michigan, and New York.

Notice No. 915

    Based on the evidence submitted by the petitioners, ATF published 
Notice 915 on April 17, 2001, proposing to add the names ``Counoise'' 
and ``St. Laurent'' to the list of approved names in Sec. 4.91. ATF 
received two comments in response to the notice. One was from the 
vineyard manager of the Viticulture and Enology Department at the 
University of California at Davis, who noted that Counoise has been in 
the university's collections since 1975. The other comment, from a 
London wine merchant, discussed the marketability of Counoise and St. 
Laurent wines in the export market.
    After reviewing the evidence and comments, ATF has decided that 
sufficient evidence has been provided to satisfy the requirements under 
Sec. 4.93. ATF is therefore amending Sec. 4.91 to include the names 
``Counoise'' and ``St. Laurent.''

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 final rule because no requirement to collect information 
is imposed.

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 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.

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.

    Par. 2. Section 4.91 is amended by republishing the introductory 
text and 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
* * * * *

    July 11, 2001.
Bradley A. Buckles,
Director.
    Approved: August 23, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary (Regulatory, Tariff & Trade 
Enforcement).
[FR Doc. 01-24053 Filed 9-26-01; 8:45 am]
BILLING CODE 4810-13-P