[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Proposed Rules]
[Pages 71289-71290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24361]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Parts 4 and 9

[Notice No. 79; Re: Notice No. 77]
RIN 1513-AA92


Proposed Establishment of the Calistoga Viticultural Area; 
Comment Period Extension

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: In response to industry member requests, we are extending the 
comment period for Notice No. 77, Proposed Establishment of the 
Calistoga Viticultural Area, a notice of proposed rulemaking published 
in the Federal Register on November 20, 2007, for an additional 90 
days.

DATES: Written comments on Notice No. 77 must now be received on or 
before March 20, 2008.

ADDRESSES: You may send comments on Notice No. 77 to one of the 
following addresses:
     http://www.regulations.gov (Federal e-rulemaking portal; 
follow the instructions for submitting comments); or
     Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
    You may view copies of this notice, Notice No. 77, and any comments 
we receive about the proposals described in Notice No. 77 under Docket 
No. TTB-2007-0067 on the Regulations.gov Web site at http://www.regulations.gov. A link to Docket No. TTB-2007-0067 is also 
available on the TTB Web site at http://www.ttb.gov/regulations_laws/all_rulemaking.shtml, within the entry for Notice No. 77. In addition, 
you may view copies of the same materials described above by 
appointment at the TTB Information Resource Center, 1310 G Street, NW., 
Washington, DC 20220. To make an appointment, call (202) 927-2400.

FOR FURTHER INFORMATION CONTACT: Amy R. Greenberg, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street, NW., Suite 200E, Washington, DC 20220; telephone 202-927-8210; 
or e-mail [email protected].

SUPPLEMENTARY INFORMATION: On March 31, 2005, the Alcohol and Tobacco 
Tax and Trade Bureau (TTB) published a notice of proposed rulemaking in 
the Federal Register regarding the establishment of the Calistoga 
viticultural area (see Notice No. 36, 70 FR 16451). In light of 
comments regarding the potential adverse impact on established brand 
names that we

[[Page 71290]]

received in response to that first notice, we published a second notice 
of proposed rulemaking on November 20, 2007, as Notice No. 77 (72 FR 
65256) requesting comments on our proposal to provide ``grandfather'' 
protection for certain brand names used on existing certificates of 
label approval, provided those labels also carry information that would 
dispel an impression that the wine meets the requirements for using the 
viticultural area name. As originally published, comments on Notice No. 
77 are due on or before December 20, 2007, 30 days after its 
publication.
    Also on November 20, 2007, TTB published Notice No. 78 (72 FR 
65261), a notice of proposed rulemaking regarding our regulations on 
the establishment of American viticultural areas. The proposed 
amendments clarify rules for preparing, submitting, and processing 
viticultural area petitions. The proposals contained in Notice No. 78 
also include an amendment to 27 CFR 4.39(i) that would establish a 
``grandfather'' provision to protect wine labels using a viticultural 
area name, provided that the label in question was approved and in 
actual commercial use for a specified period of time preceding TTB's 
receipt of a perfected petition for establishment of the viticultural 
area. As originally published, comments on Notice No. 78 are due on or 
before January 22, 2008, 60 days after its publication.
    After the publication of Notice No. 77, TTB received two requests 
from wine industry groups to extend that notice's comment period. Both 
the Napa Valley Vintners, a trade group representing over 300 Napa 
Valley (California) vintners, and the Wine Institute, a trade 
representing 1,100 California wineries and wine-related businesses, 
requested that the comment period for Notice No. 77 be extended an 
additional 90 days.
    In support of its extension request, Napa Valley Vintners indicates 
that the proposed grandfather provision contained in Notice No. 77 ``is 
of great concern to our association'' and is ``inextricably linked'' to 
TTB's more general grandfathering proposal contained in Notice No. 78. 
The association believes that its decisions regarding the two notices 
``should be made at the same time.'' Its requested 90-day extension, 
the group states, will allow its Winegrower Appellation Committee to 
consider the grandfather provision and the specific questions posed by 
TTB in Notice No. 77. The Napa Valley Vintners' request notes that its 
appellation committee's recommendations must then be presented to the 
group's board of directors, which only meets once a month.
    The Wine Institute, in its comment period extension request, also 
noted that Notice Nos. 77 and 78 deal with similar issues ``that call 
for consistent rather than staggered comment periods.'' In addition, 
the Wine Institute stated that, with the holiday season, its membership 
``is engaged in one of its busiest months of the year.''
    In response to these requests, TTB extends the original 30-day 
comment period for Notice No. 77 for an additional 90 days, so that the 
comment period will equal 120 days. Therefore, comments on Notice No. 
77 are now due on or before March 20, 2008.

Drafting Information

    Michael Hoover of the Regulations and Rulings Division drafted this 
notice.

John J. Manfreda,
Administrator.
[FR Doc. E7-24361 Filed 12-14-07; 8:45 am]
BILLING CODE 4810-31-P