[Federal Register Volume 67, Number 69 (Wednesday, April 10, 2002)]
[Proposed Rules]
[Pages 17312-17314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8524]


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

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 4

[Notice No. 941]
RIN 1512-AC65


Proposal To Recognize Synonyms for Petite Sirah and Zinfandel 
Grape Varieties (2001R-251P)

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

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Bureau of Alcohol, Tobacco and Firearms is proposing two 
amendments to its list of prime grape variety names used to designate 
American wines. The first amendment would recognize the name ``Durif'' 
as a synonym for the Petite Sirah grape, while the second would 
recognize the name ``Primitivo'' as a synonym for the Zinfandel grape. 
The Bureau's proposal is based on recent DNA research into the identity 
of these grapes.

DATES: Written comments must be received by June 10, 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. 941). See the ``Public Participation'' 
section of this notice for alternative means of commenting.
    Copies of the proposed regulation, background materials, and any 
written comments received will be available for public inspection 
during normal business hours at the ATF Reading Room, Office of Public 
Affairs and Disclosure, Room 6480, 650 Massachusetts Avenue, NW., 
Washington, DC 20226.

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

What Is ATF's Authority To Regulate Grape Variety Names?

    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. In addition, the Act authorizes the Bureau of Alcohol, 
Tobacco and Firearms (ATF) to issue regulations to carry out the Act's 
provisions.
    Regulations concerning wine labeling, including those that 
designate prime grape variety names, are contained in 27 CFR part 4, 
Labeling and Advertising of Wine. Under 27 CFR 4.23(b) and (c), a wine 
bottler may use an approved grape variety name as the designation of a 
wine if at least 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 approved 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 the percentage of the 
wine derived from each grape variety is shown on the label.
    Treasury Decision ATF-370 (T.D. ATF-370), issued on January 8, 1996 
(61 FR 522), adopted a list of grape variety names that ATF determined 
to be appropriate for use in designating American wines. The list of 
prime grape variety names and their synonyms appears at Sec. 4.91, 
while additional alternative grape names temporarily authorized for use 
are listed at Sec. 4.92. Synonyms are as acceptable as prime names and 
can stand alone on a label as a wine's designation. We believe 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.

How Did ATF Decide Which Names To Include in Sec. 4.91?

    The original prime grape variety name list was created through a 
two-part research and rulemaking process. In 1982, ATF established the 
Winegrape Varietal Names Advisory Committee whose members included wine 
industry members and academic viticultural researchers. The Committee 
reviewed hundreds of grape varietal names and synonyms then used in the 
production of American wine, and, in 1984, issued a report listing 
those names it determined were the most accurate and appropriate for 
use on American wine labels.
    Using this report as a basis for rulemaking, ATF published Notice 
581 on February 4, 1986 (51 FR 4392), followed by Notice 749 on 
September 3, 1992 (57 FR 40380), soliciting comments from the public on 
the proposed list. After reviewing the more than 200 comments received 
in response to Notices 581 and 749, ATF published T.D. ATF-370, which 
added the list of American grape variety names to 27 CFR part 4, 
Labeling and Advertising of Wine.
    T.D. ATF-370 also established a process for the approval of new 
grape variety names. Under Sec. 4.93, any interested person may 
petition ATF to add additional grape varieties to the list of prime 
grape names. Under the regulations, petitioners should submit evidence 
that:
     The grape variety is accepted;
     The name identifying the grape variety is valid;
     The variety is used or will be used in winemaking; and
     The variety is grown and used in the United States.
    Since the publication of T.D. ATF-370, we have added several grape 
names to the prime grape name list in Sec. 4.91 through this petition 
process.

Evidence Supporting Proposed Revisions

Petite Sirah/Durif

    The names ``Petite Sirah'' and ``Durif'' were each listed as 
separate prime grape variety names in T.D. ATF-370. ATF originally 
proposed these names as synonyms in Notice 749, based on a widely held 
belief that these were two names for the same grape variety. However, 
Dr. Carole Meredith of the Department of Viticulture and Enology,

[[Page 17313]]

University of California at Davis (UC-Davis), commented in response to 
Notice 749 that she had evidence that Petite Sirah and Durif may not be 
the same variety. Dr. Meredith stated that her preliminary DNA research 
on Petite Sirah vines in UC-Davis' collection indicated that the name 
``Petite Sirah'' was being used for more than one grape variety. She 
concluded that it would be premature to accept Petite Sirah and Durif 
as synonyms. In response to these comments, we listed Petite Sirah and 
Durif as separate prime grape variety names in T.D. ATF-370 and not as 
synonyms. However, we stated we would continue to seek evidence 
regarding the true identity of the grape called Petite Sirah.
    Dr. Meredith has since completed her DNA research of California 
Petite Sirah vines, and published her findings in an article titled 
``The Identity and Parentage of the Variety Known in California as 
Petite Sirah,'' in the American Journal of Enology and Viticulture, 
Vol. 50, No. 3, 1999. Dr. Meredith used DNA marker analysis to 
determine the identity of Petite Sirah vines in public collections and 
in commercial vineyards in California. This analysis revealed that a 
majority of the Petite Sirah vines were identical to Durif. Of 13 UC-
Davis vines labeled Petite Sirah, 9 were identified as Durif. Of 53 
commercial plants examined, 49 were identified as Durif. The remaining 
vines were found to be Pinot noir, Peloursin, or Syrah. Dr. Meredith 
concluded that these vines, most of which were obtained from old 
vineyards, had been misidentified, probably as the result of planting 
and labeling errors made decades ago.
    When we contacted Dr. Meredith to discuss her study, she stated 
that she now supports identifying Petite Sirah and Durif as synonyms. 
She further commented that although Durif is the variety's original 
name, Petite Sirah is the name commonly used in the United States and 
is equally valid as the grape's name. Based on Dr. Meredith's research, 
ATF is proposing to amend its list of prime grape variety names to make 
``Petite Sirah'' and ``Durif'' synonyms for the same grape.

Zinfandel/Primitivo

    ATF listed ``Zinfandel'' and ``Primitivo'' as separate prime grape 
varieties in T.D. ATF-370, basing its decision on the available 
evidence and on comments received during the rulemaking process. Among 
the commenters was Dr. Carole Meredith of UC-Davis. She reported that 
her DNA research on Zinfandel and the Italian grape Primitivo showed 
them to have identical DNA ``fingerprints.'' However, her Primitivo 
research up to that point had been limited to two Italian samples that, 
she noted, may not have represented the full range of Primitivo 
cultivars. She further noted that Italians seemed to use Primitivo as a 
generic term for more than one grape variety. Because the name 
``Primitivo'' was being used for grape varieties not identical to 
Zinfandel, ATF decided that the two grape names could not be used 
interchangeably and must be listed as separate varieties.
    Since the publication of T.D. ATF-370 in 1996, Dr. Meredith and 
others have conducted additional research into the identity of 
Zinfandel. Also, other regulatory bodies, notably the European Union, 
have recognized Zinfandel and Primitivo as names for the same grape. 
European Commission Regulation No. 2770/98, which governs the use of 
grape variety names within the European Union, recognizes the name 
``Zinfandel'' as a synonym for the Primitivo grape. Italian Primitivo 
growers may therefore label their wine as Zinfandel, while under 
Sec. 4.91 American Zinfandel growers may not label their wine as 
Primitivo.
    In an effort to clarify this issue, we contacted Dr. Meredith and 
asked if recent research supported recognizing Zinfandel and Primitivo 
as synonymous names for the same grape variety. She stated that her DNA 
profiling research, along with research conducted in Australia and 
Italy, has shown conclusively that Primitivo samples from Italy and 
Zinfandel samples from California are the same grape variety. She 
further commented that, because Primitivo and Zinfandel have been 
propagated independently for some time, some clonal divergence has 
occurred. This has resulted in small differences, such as berry size or 
fruit composition, that she believes may be significant for winemaking. 
However, she commented, these intravariety differences are common among 
other old and geographically dispersed varieties like Pinot noir or 
Syrah. She therefore concluded that Primitivo and Zinfandel should be 
classified as synonyms.
    Based on current evidence, we propose to amend the list of prime 
grape variety names to make ``Primitivo'' and ``Zinfandel'' synonyms 
for the same grape variety. Because both names are well established, we 
believe they should be considered equally valid. However, we welcome 
comments on this subject.

Public Participation

    ATF requests comments from all interested parties on the proposals 
contained in this notice. We specifically request comments on the 
clarity of this proposed rule and how it may be made easier to 
understand.

What Is a Comment?

    In order for a submission to be considered a ``comment,'' it must 
clearly indicate a position for or against the proposed rule or some 
part of it, or express neutrality about the proposed rule. Comments 
that use reasoning, logic, and, if applicable, good science to explain 
the commenter's position are most persuasive in the formation of a 
final rule.
    To be eligible for consideration, comments must:
     Contain your name and mailing address;
     Reference this notice number;
     Be legible and written in language generally acceptable 
for public disclosure;
     Contain a legible, written signature if submitted by mail 
or fax; and
     Contain your e-mail address if submitted by e-mail.
    To assure public access to our office equipment, comments submitted 
by e-mail or fax must be no more than three pages in length when 
printed on 8\1/2\" by 11" paper. Comments submitted by mail may be any 
length.

How May I Submit Comments?

    By Mail: You may send written comments by mail to the address shown 
above in the ADDRESSES section of this notice.
    By Fax: You may submit comments by facsimile transmission to (716) 
434-8041. We will treat faxed transmissions as originals.
    By E-Mail: You may submit comments by e-mail by sending the 
comments to [email protected]. We will treat e-mailed 
transmissions as originals.
    By On-line Form: 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. 
We will treat comments submitted via the web site as originals.

How Does ATF Use the Comments?

    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. We will not acknowledge receipt of 
comments or reply to individual comments. We will summarize and discuss 
pertinent comments in the preamble to any

[[Page 17314]]

subsequent notices or the final rule published as a result of the 
comments.

Can I Review Comments Received?

    You may view copies of the comments on this notice of proposed rule 
making by appointment at the ATF Reference Library, Office of Liaison 
and Public Information, Room 6480, 650 Massachusetts Avenue, NW., 
Washington, DC 20226, telephone (202) 927-7890. You may also request 
copies of comments by filing a Freedom of Information Act (FOIA) 
request. For instructions on filing a FOIA request, please refer to the 
Internet address: http://www.atf.treas.gov/about/foia.htm or call (202) 
927-8480.
    For the convenience of the public, ATF will post comments received 
in response to this notice on the ATF web site. All comments posted on 
our web site will show the name of the commenter, but will not show 
street addresses, telephone numbers, or e-mail addresses. We may also 
omit voluminous attachments or material that we do not consider 
suitable for posting. In all cases, the full comment will be available 
in the library or through FOIA requests, as noted above. To access 
online copies of the comments on this rulemaking, visit http://www.atf.treas.gov/, and select ``Regulations,'' then ``Notices of 
proposed rulemaking (Alcohol)'' and this notice. Click on the ``View 
Comments'' button.

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 in the ATF 
Reading Room or in response to a FOIA request. We may also post the 
comment on our web site. (See ``Can I Review Comments Received?'') 
Finally, we may disclose the name of any person who submits a comment 
and quote from the comment in the preamble to a final rule on this 
subject. If you consider your material to be confidential or 
inappropriate for disclosure to the public, you should not include it 
in the comments.

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?

    ATF certifies that this proposed regulation will not have a 
significant economic impact on a substantial number of small entities. 
We expect no negative impact on small entities. We are not proposing 
new requirements. Accordingly, the Act does not require a regulatory 
flexibility analysis.

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, the order does not require a regulatory 
assessment.

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 
proposed to be amended as follows:

PART 4--LABELING AND ADVERTISING OF WINE

    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 making the following additions 
to the list of prime grape names:
    a. ``Petite Sirah'' is added in parenthesis behind ``Durif'';
    b. ``Durif'' is added, in parenthesis, behind ``Petite Sirah'';
    c. ``Zinfandel'' is added, in parenthesis, behind ``Primitivo''; 
and
    d. ``Primitivo'' is added, in parenthesis, behind ``Zinfandel.''
    The amendments will read as follows:


Sec. 4.91  List of approved prime names.

* * * * *

Durif (Petite Sirah)
* * * * *

Petite Sirah (Durif)
* * * * *

Primitivo (Zinfandel)
* * * * *

Zinfandel (Primitivo)

    Signed: February 18, 2002.
Bradley A. Buckles,
Director.
    Approved: March 11, 2002.
Timothy E. Skud,
Acting Deputy Assistant Secretary, (Regulatory, Tariff & Trade 
Enforcement).
[FR Doc. 02-8524 Filed 4-9-02; 8:45 am]
BILLING CODE 4810-13-P