[Federal Register Volume 67, Number 192 (Thursday, October 3, 2002)]
[Proposed Rules]
[Pages 61998-61999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24924]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 4

[Notice No. 953]
RIN 1512--AC63


Amelioration of Fruit and Agricultural Wines; Technical 
Amendments (2001R-197P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms proposes to 
correct an error in the wine labeling regulations regarding the 
amelioration of fruit (non-grape) and agricultural wines. The Bureau is 
also making a number of technical corrections to the wine labeling 
regulations.

DATES: Written comments must be received by December 2, 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. 953). 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 Reference Library, 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

    The Bureau of Alcohol, Tobacco and Firearms administers regulations 
published in chapter I of title 27 CFR. In a recent review of part 4 of 
this chapter, Labeling and Advertising of Wine, ATF noted an error at 
Sec.  4.22(b)(5) regarding the amelioration of fruit (non-grape) and 
agricultural wines. We propose to correct this error, and make several 
other technical amendments to the regulations in part 4.

Amelioration Error

    The regulations at Sec.  4.22(b)(5) state that fruit (non-grape) 
and agricultural wines may be treated with sugar or water in excess of 
the quantities prescribed for their standards of identity without ATF 
viewing such treatment as an alteration of class and type, if, among 
other conditions, ``the content of natural acid is not less than 7.5 
parts per thousand.'' [Italics added.] This limitation of 7.5 parts per 
thousand is incorrect. Pursuant to 26 U.S.C. 5383 and 5384, the correct 
minimum acid level should be 7.69 parts per thousand. This level is 
correctly stated in Sec.  24.178(b)(3) as 7.69 grams per liter. ``Grams 
per liter'' is equivalent to ``parts per thousand.'' In order to make 
these regulations accurate and consistent, we are amending the minimum 
acid limitation in Sec.  4.22(b)(5) to 7.69 grams per liter.

Technical Amendments

    ATF has identified a typographical error at Sec.  4.21(h)(2), the 
standard of identity for imitation and substandard or other than 
standard wine. The phrase ``other than standard wine'' has been omitted 
from this section. The corrected regulation will read as follows:
    (2) ``Substandard wine'' or ``other than standard wine'' shall bear 
as a part of its designation the words ``substandard'' or ``other than 
standard,'' * * *. [Addition in italics.] We have also identified two 
technical errors at Sec.  4.30(a). Both the first and second sentences 
of this section use the word ``article'' to refer to regulatory 
subparts. ``Article'' was the term used for subparts when the wine 
labeling regulations were written in 1935. Later revisions replaced 
``article'' with ``subpart,'' but these two instances were overlooked. 
We propose to correct this oversight.
    We also propose to remove three obsolete sections from part 4. All 
three have been replaced with newer sections, and their requirements 
have been obsolete for years.
    [sbull] Sec.  4.25, Appellation of origin, obsolete since January 
1, 1983, has been replaced with Sec.  4.25a.
    [sbull] Sec.  4.35, Name and address, obsolete since July 28, 1994, 
has been replaced with Sec.  4.35a.
    [sbull] Sec.  4.72, Standards of fill, obsolete since January 1, 
1979, has been replaced with Sec.  4.73.
    We are assigning the old numbers to the newer sections to improve 
the organization of part 4. We believe that removing these obsolete 
sections will make it much easier for readers to find current 
requirements.

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 must express neutrality about the proposed rule. Comments 
that use reasoning, logic, and, if applicable, good science to explain 
the commentator's position are most persuasive in the formation of a 
final rule.
    To be eligible for consideration, comments must:
    [sbull] Contain your name and mailing address;
    [sbull] Reference this notice number;
    [sbull] Be legible and written in language generally acceptable for 
public disclosure;
    [sbull] Contain a legible, written signature if submitted by U.S. 
mail or fax; and
    [sbull] Contain your e-mail address if submitted by e-mail.
    To ensure that the public is able to access our office equipment, 
comments submitted by fax must be no more than five pages in length 
when printed on 8\1/2\'' by 11'' paper. Comments submitted by U.S. mail 
or e-mail may be any length.

How May I Submit Comments?

    By U.S. 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 online form: You may also submit comments using the comment form 
provided with the online copy of the proposed rule on the ATF 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 that we receive on or 
before

[[Page 61999]]

the closing date. We will also carefully consider comments we receive 
after that date if it is practical to do so. However, we cannot assure 
consideration of 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 subsequent notices or to the 
final rule published as a result of the comments.

May I Review Comments Received?

    You may view copies of the comments on this notice of proposed 
rulemaking by appointment at the ATF Reference Library, Room 6480, 650 
Massachusetts Avenue, NW., Washington, DC 20226, telephone 202-927-
7890. You may also request copies of comments at 20 cents per page by 
contacting the ATF librarian at the above address or telephone number.
    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 commentator, 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. 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 then 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 
Reference Library. We may also post the comment on our Web site. (See 
``May 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 subsequent notices or to the final rule on this subject. If 
you consider material to be confidential or inappropriate for 
disclosure to the public, you should not include it in your 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 
any new requirements. Accordingly, the Regulatory Flexibility 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, Consumer protection, Customs duties and inspections, 
Imports, Labeling, Packaging and containers, Wine.

Authority and Issuance

    Accordingly, ATF proposes to amend 27 CFR part 4 as follows:

PART 4--LABELING AND ADVERTISING OF WINE

    Paragraph 1. The authority citation for 27 CFR part 4 continues to 
read as follows:

    Authority: 27 U.S.C. 205, unless otherwise noted.
    Par. 2. Amend section 4.21 by revising paragraph (h)(2) 
introductory text to read as follows:


Sec.  4.21  The standards of identity.

* * * * *
    (h) * * *
    (2) ``Substandard wine'' or ``other than standard wine'' shall bear 
as a part of its designation the words ``substandard'' or ``other than 
standard,'' and shall include:
* * * * *
    Par. 3. Amend section 4.22(b)(5) by removing the phrase ``7.5 parts 
per thousand'' and replacing it with the phrase ``7.69 grams per 
liter''.
    Par. 4. Remove section 4.25.
    Par. 5. Redesignate section 4.25a as section 4.25.
    Par. 6. Amend section 4.30(a) by removing the word ``article'' 
where it appears and replacing it with the word ``subpart''.
    Par. 7. Remove section 4.35.
    Par. 8. Redesignate section 4.35a as 4.35.
    Par. 9. Remove section 4.72.
    Par. 10. Redesignate section 4.73 as 4.72.

    Signed: July 18, 2002.
Bradley A. Buckles,
Director.
    Approved: September 6, 2002.
Timothy E. Skud,
Deputy Assistant Secretary (Regulatory, Tariff & Trade Enforcement).
[FR Doc. 02-24924 Filed 10-2-02; 8:45 am]
BILLING CODE 4810-31-P