[Federal Register Volume 67, Number 171 (Wednesday, September 4, 2002)]
[Rules and Regulations]
[Pages 56479-56481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22382]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 4

[T.D. ATF--481; Ref. Notice No. 934]
RIN 1512--AC50


Addition of Tannat as a Grape Variety Name for American Wines 
(2001R-207P)

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

ACTION: Treasury decision, final rule.

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SUMMARY: The Bureau of Alcohol, Tobacco, and Firearms (ATF) is adding 
the name ``Tannat'' to the list of prime grape variety names approved 
for use in designating American wines.

EFFECTIVE DATE: Effective November 4, 2002.

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 (FAA Act) (27 U.S.C. 
201 et seq.), 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 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.
    In Treasury Decision ATF-370 (61 FR 522), issued on January 8, 
1996, ATF adopted a list of grape variety names 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 alternative 
grape names temporarily authorized for use are listed at Sec. 4.92. We 
believe the

[[Page 56480]]

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 May New Varieties Be Added to the List of Prime Grape Names?

    Under 27 CFR 4.93, any interested person may petition ATF to 
include additional grape varieties in the list of prime grape names. 
The petitioner should provide evidence of the following:
    [sbull] Acceptance of the grape variety;
    [sbull] The validity of the name for identifying the grape variety;
    [sbull] That the variety is used or will be used in winemaking; and
    [sbull] That the variety is grown and used in the United States.
    Documentation submitted with the petition may include:
    [sbull] 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;
    [sbull] A reference to a plant patent, if patented; and
    [sbull] Information about the commercial potential of the variety, 
such as the acreage planted or market studies.
    Section 4.93 also places certain eligibility restrictions on the 
approval of grape variety names. We will not approve a name:
    [sbull] If it has previously been used for a different grape 
variety;
    [sbull] If it contains a term or name found to be misleading under 
Sec. 4.39; or
    [sbull] If a name of a new grape variety contains the term 
``Riesling.''
    The Director will not approve 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 that are 
misleading under Sec. 4.39.

Tannat Petition

    Tablas Creek Vineyard in Paso Robles, California, petitioned ATF to 
add 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 
Mountains.
    The petitioner submitted the following published references to 
Tannat to establish its acceptance as a grape and the validity of its 
name:
    [sbull] ``Cepages et Vignobles de France, Volume II,'' by Pierre 
Galet, 1990, p. 313.
    [sbull] ``Catalogue of Selected Wine Grape Varieties and Clones 
Cultivated in France,'' published by the French Ministry of 
Agriculture, Fisheries and Food, 1997, p.151.
    [sbull] ``Traite General de Viticulture Ampelographie, Volume II,'' 
by P. Viala and V. Vermoral, 1991, pp. 80-82.
    [sbull] ``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 
deeply colored and tannic wine, 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 imported the Tannat plant into the USDA 
station in Geneva, New York, in 1992. The plant was declared virus free 
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 vines.
    The petitioner stated that the Tannat grape is currently grown and 
used in the United States in winemaking. Tablas Creek Vineyard reports 
that in 2000 and 2001, it shipped several orders for Tannat plants to 
vineyards in California, Arizona, and Virginia. Tannat has also 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 the history of the Tannat vines in 
the university's collection.
    According to Mr. Hoenisch, Tannat was part of the vine collection 
begun in the 1890s at the University of California at Berkeley by 
Professor Eugene Hilgard. Founder of the Department of Fruit Science, 
Hilgard established several experimental vineyards in California, with 
sites in Berkeley, Cupertino, Paso Robles, and Jackson. Mr. Hoenisch 
stated 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 is easy to graft and relatively 
vigorous, and has great commercial potential in California. It is well 
adapted to most California regions, ripening fairly late in the growing 
season, 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.

Notice No. 934

    Based on the evidence submitted by the petitioners, ATF published 
Notice 934 on January 23, 2002, (67 FR 3135) proposing to add the name 
``Tannat'' to the list of approved grape names in Sec. 4.91. ATF 
received five comments in response to the notice. Four of the comments 
were from wineries, with the fifth from the State Enologist for 
Virginia, Dr. Bruce Zoecklein of Virginia Tech University. All of the 
commenters supported the proposed addition of the Tannat grape to the 
list of approved names.
    After reviewing the evidence and comments, ATF determined that the 
petitioner provided sufficient evidence to satisfy the requirements of 
Sec. 4.93. We are therefore amending the list of prime grape names in 
27 CFR 4.91 to include the name ``Tannat.''

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 rule. This rule does not require winemakers to collect or 
report any additional information.

How Does the Regulatory Flexibility Act Apply to This Final Rule?

    We certify that this final 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. We do not 
expect any negative impact on small entities. We are not imposing 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, a regulatory assessment is not required.

[[Page 56481]]

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--LABELING AND ADVERTISING OF WINE

    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 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: July 12, 2002.
Bradley A. Buckles,
Director.
    Approved: August 9, 2002.
Timothy E. Skud,
Deputy Assistant Secretary, (Regulatory, Tariff, and Trade 
Enforcement).
[FR Doc. 02-22382 Filed 9-3-02; 8:45 am]
BILLING CODE 4810-13-P