[Federal Register Volume 67, Number 15 (Wednesday, January 23, 2002)]
[Proposed Rules]
[Pages 3135-3137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1661]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 4
[Notice No. 934]
RIN 1512-AC50
Proposed Addition of Tannat as a Grape Variety Name for American
Wines (2001R-207P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco, and Firearms (ATF) is
proposing to add a new name, ``Tannat,'' to the list of prime grape
variety names for use in designating American wines.
DATES: Written comments must be received by March 25, 2002.
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. 934).
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) 434-8039.
SUPPLEMENTARY INFORMATION: Background
Under the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.) (FAA Act), wine labels must provide ``the consumer with adequate
information as to the identity'' 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 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 a petition 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
[[Page 3136]]
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.
Tannat Petition
Tablas Creek Vineyard in Paso Robles, California, has petitioned
ATF proposing the addition of the name ``Tannat'' to the list of prime
grape variety names approved for the designation of American wines.
Tannat is a red varietal with origins in Southwestern France and the
Pyrenees.
The petitioner has submitted the following published references to
Tannat to establish its acceptance as a grape and the validity of its
names:
Cepages et Vignobles de France, Volume II, by Pierre
Galet, 1990, p. 313.
Catalogue of Selected Wine Grape Varieties and Clones
Cultivated in France, published by the French Ministry of Agriculture,
Fisheries and Food, 1997, p.151.
Traite General de Viticulture Ampelographie, Volume II, by
P. Viala and V. Vermoral, 1991, pp. 80-82.
Guide to Wine Grapes, Oxford University Press, 1996, by
Jancis Robinson, p. 182.
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, contains a general description of the grape and
its uses. According to these references, the Tannat grape produces a
wine that is deeply colored and tannic, which is thought to account for
its name. They also note its use as a major component of the French
wine Madiran.
Tablas Creek Vineyard states that it imported the Tannat plant into
the USDA station in Geneva, New York, in 1992. The plant was declared
virus free in 1993 and shipped bare-root to Tablas Creek Vineyard in
Paso Robles, California, in February 1993. In 1996, the winery
multiplied, grafted and started planting Tannat.
The petitioner states that the Tannat grape is currently grown and
used in the United States in winemaking. It reports that in 2000 and
2001, it shipped several orders for Tannat plants to vineyards in
California, Arizona, and Virginia. Also, Tannat has long been grown in
the vine collections of the University of California. At the request of
the petitioner, Richard Hoenisch, Vineyard Manager, Viticulture and
Enology Department, University of California at Davis, contacted ATF
with information about Tannat's history in the university's collection.
According to Mr. Hoenisch, Tannat was part of the original vine
collection of the University of California at Berkeley since the
1890's. Professor Eugene Hilgard, founder of the Department of Fruit
Science, established several experimental vineyards in California, with
sites in Berkeley, Cupertino, Paso Robles, and Jackson. Mr. Hoenisch
states that the vines in the Jackson collection, including Tannat, were
rediscovered in 1965 by Dr. Austin Goheen and Carl Luhn and
repropagated at UC Davis. The university currently blends its Tannat
wine into Cabernet Sauvignon to increase tannins, acidity, and color.
Tablas Creek states that Tannat has great commercial potential in
California. The variety is easy to graft and relatively vigorous. It is
well adapted to most California regions, ripening fairly late in the
cycle, after Grenache but before Mourvedre and Cabernet Sauvignon. The
petitioner reports that it has had two highly successful crops off its
0.5 acre planting. Its 1999 harvest had a brix of 28 and a pH of 3.18,
while the 2000 harvest had a brix of 25 with a pH of 3.45. The
petitioner states that the wine is rich, with good color and excellent
aromatics and spice. Tablas Creek further reports that the wine has
done well in tastings, resulting in additional orders for Tannat plants
from other vineyards and nurseries.
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 petition 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:
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/alcohol/rules/index.htm.
[[Page 3137]]
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 a new grape varietal
name. 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.
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:
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 adding the name ``Tannat'', in
alphabetical order, to the list of prime grape names, to read as
follows:
Sec. 4.91 List of approved prime names.
* * * * *
Tannat
* * * * *
Signed: September 21, 2001.
Bradley A. Buckles,
Director.
Approved: December 12, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary, (Regulatory, Tariff & Trade
Enforcement)
[FR Doc. 02-1661 Filed 1-22-02; 8:45 am]
BILLING CODE 4810-13-P