[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Proposed Rules]
[Pages 12490-12492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5769]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 4
[Notice No. 883]
RIN: 1512-AC03
Proposed Addition of a New Grape Variety Name for American Wines
(99R-142P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms, Department of the
Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco, and Firearms has received a
petition proposing to add a new name, ``Dornfelder'', to the list of
prime grape variety names for use in designating American wines.
Dornfelder is a red variety, developed in Germany in 1955, currently
grown commercially in the United States.
DATES: Written comments must be received by May 8, 2000.
ADDRESSES: Send written comments to: Chief, Regulations Division,
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC
20091-0221; Notice No. 883.
A copy 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 6300, 650 Massachusetts Avenue,
NW, Washington, DC 20226.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Berry, Regulations
Division, 650 Massachusetts Avenue, NW, Washington, DC 20226; Telephone
(202) 927-8206.
SUPPLEMENTARY INFORMATION:
1. Background
Under 27 CFR 4.23(b), 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 some circumstances) 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 varieties are listed on the brand
label and 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 has received a petition proposing that a new grape variety name
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;
Information that the variety is used or will be used in
winemaking; and
Information 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 published
report by a professional, scientific or winegrowers' organization;
[[Page 12491]]
A reference to a plant patent, if patented; and
Information about the commercial potential of the variety
such as the acreage planted or market studies.
Section 4.93 also places certain restrictions on grape names which
will be approved. 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
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.
2. Dornfelder Petition
ATF has received a petition proposing to add the name
``Dornfelder'' to the list of prime grape variety names approved for
the designation of American wines. Mr. John Weygandt and Ms. Alice
Weygandt of Stargazers Vineyard in Coatesville, Pennsylvania, submitted
the petition.
According to information submitted by the petitioners, Dornfelder
is red variety, developed in Germany in 1955. It is a crossing of
Helfenstein (a crossing of Fruhburgunder and Trollinger) and Heroldrebe
(a crossing of Portugieser and Limberger). According to Jancis
Robinson's Vines, Grapes and Wines (First American Edition 1986),
Dornfelder is ``* * * perhaps Germany's most promising `new' red
crossing.'' The name ``Dornfelder'' is derived from Imanuel Dornfeld,
founding father of the Wurttemberg viticultural school during the mid-
19th century. ``Dornfelder'' was approved as a varietal name under
German wine regulations in 1980.
In the United States, the breeders have obtained plant variety
protection through the Plant Variety Protection Act, 7 U.S.C. Chapter
57, until 2009. The petitioners planted 600 vines of this variety in
1997, which will bear a commercial crop in 2000. In addition, three
other growers in the states of Virginia, Pennsylvania, and Michigan
have planted this variety. Dornfelder plants have been offered for sale
by American Nursery, located in California and Virginia, since 1996.
Based on the evidence presented in the petition, ATF is proposing
Dornfelder as a grape variety for inclusion in Sec. 4.91.
3. 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.
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/core/regulations/rules.htm.
3. 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 the grape varietal
name Dornfelder. 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.
4. Drafting Information
This notice was written by Tom Busey and Jennifer Berry,
Regulations Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects 27 CFR Part 4
Advertising, Consumer protection, Customs duties and inspections,
Imports, Labeling, Packaging and containers, 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.
Para. 2. Section 4.91 is amended by adding the name ``Dornfelder'',
in alphabetical order, to the list of prime grape names, to read as
follows:
Sec. 4.91 List of approved prime names.
* * * * *
Dornfelder
* * * * *
[[Page 12492]]
Signed: December 15, 1999.
John W. Magaw,
Director.
Approved: January 21, 2000.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff & Trade Enforcement)
[FR Doc. 00-5769 Filed 3-8-00; 8:45 am]
BILLING CODE 4810-13-P