[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Proposed Rules]
[Pages 81023-81033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27573]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 4

[Docket No. TTB-2016-0011; Notice No. 165]
RIN 1513-AC24


Proposed Addition of New Grape Variety Names for American Wines

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
amend its wine labeling regulations by adding a number of new names to 
the list of grape variety names approved for use in designating 
American wines. TTB also proposes to remove one existing entry and 
replace it with a slightly different name, and to correct the spelling 
of another existing entry. The proposed amendments would allow wine 
bottlers to use these additional approved grape variety names on wine 
labels and in wine advertisements.

DATES: TTB must receive written comments on or before January 17, 2017.

ADDRESSES: Please send your comments on this proposed rule to one of 
the following addresses:
     Internet: https://www.regulations.gov (via the online 
comment form for this notice as posted within Docket No. TTB-2016-0011 
at ``Regulations.gov,'' the Federal e-rulemaking portal);
     U.S. Mail: Director, Regulations and Rulings Division, 
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, 
Washington, DC 20005; or
     Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street NW., Suite 400E, Washington, DC 
20005.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this proposed rule and any comments TTB 
receives about this proposal at https://www.regulations.gov within 
Docket No. TTB-2016-0011. A link to that docket is posted on the TTB 
Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice 
No. 165. You also may view copies of this proposed rule and any 
comments TTB receives about this proposal by appointment at the TTB 
Information Resource Center, 1310 G Street NW., Washington, DC 20005. 
Please call 202-453-2270 to make an appointment.

FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco 
Tax and Trade Bureau, Regulations and Rulings Division; telephone 202-
453-1039, ext. 275.

SUPPLEMENTARY INFORMATION: 

Background

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act requires that these regulations, among other 
things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product.
    The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the 
regulations promulgated under the FAA Act pursuant to section 1111(d) 
of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The 
Secretary has delegated various authorities through Treasury Department 
Order 120-01 (dated

[[Page 81024]]

December 10, 2013, superseding Treasury Order 120-01 (Revised), 
``Alcohol and Tobacco Tax and Trade Bureau,'' dated January 24, 2003), 
to the TTB Administrator to perform the functions and duties in the 
administration and enforcement of these laws.

Use of Grape Variety Names on Wine Labels

    Part 4 of the TTB regulations (27 CFR part 4) sets forth the 
standards promulgated under the FAA Act for the labeling and 
advertising of wine. Section 4.23 of the TTB regulations (27 CFR 4.23) 
sets forth rules for varietal (grape type) labeling. Paragraph (a) of 
that section sets forth the general rule that the names of one or more 
grape varieties may be used as the type designation of a grape wine 
only if the wine is labeled with an appellation of origin as defined in 
Sec.  4.25. Under paragraphs (b) and (c), a wine bottler may use the 
name of a single grape variety on a label as the type designation of a 
wine if not less than 75 percent of the wine (or 51 percent in certain 
limited circumstances) is derived from grapes of that variety grown in 
the labeled appellation of origin area. Under paragraph (d), a bottler 
may use two or more grape variety names as the type designation of a 
wine if all 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 (and with additional rules in the case of 
multicounty and multistate appellations of origin). Paragraph (e) of 
Sec.  4.23 provides that only a grape variety name approved by the TTB 
Administrator may be used as a type designation for an American wine 
and states that a list of approved grape variety names appears in 
subpart J of part 4.
    Within subpart J of part 4, the list of grape variety names and 
their synonyms approved for use as type designations for American wines 
appears in Sec.  4.91 (27 CFR 4.91). Alternative grape variety names 
temporarily authorized for use are listed in Sec.  4.92 (27 CFR 4.92). 
Finally, Sec.  4.93 (27 CFR 4.93) sets forth rules for the approval of 
grape variety names.

Approval of New Grape Variety Names

    Section 4.93 provides that any interested person may petition the 
TTB Administrator for the approval of a grape variety name and that the 
petition should provide evidence of the following:
     That the new grape variety is accepted;
     That the name for identifying the grape variety is valid;
     That the variety is used or will be used in winemaking; 
and
     That the variety is grown and used in the United States.
    Section 4.93 further provides that documentation submitted with 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;
     A reference to a plant patent, if patented; and
     Information pertaining to the commercial potential of the 
variety, such as the acreage planted and its location or market 
studies.
    Section 4.93 also places certain eligibility restrictions on the 
approval of grape variety names. TTB will not approve a new name:
     If it has been used previously for a different grape 
variety;
     If it contains a term or name found to be misleading under 
Sec.  4.39 (27 CFR 4.39); or
     If it contains the term ``Riesling.'' (See T.D. ATF-370, 
61 FR 522, published 1/8/96.)
    Typically, if TTB determines that the evidence submitted with a 
petition supports approval of the new grape variety name, TTB will send 
a letter of approval to the petitioner advising the petitioner that TTB 
will propose to add the grape variety name to the list of approved 
grape variety names in Sec.  4.91 at a later date. Those letters are 
considered administrative approvals, and they are posted on TTB's Web 
site once a grape variety is approved. After one or more approvals have 
been issued, a notice of proposed rulemaking will be prepared for 
publication in the Federal Register proposing to add the name(s) to the 
Sec.  4.91 list, with opportunity for public comment. In the event that 
one or more comments or other information demonstrate the 
inappropriateness of an approval action, TTB will determine not to add 
the grape variety name in question to the list and will advise the 
original petitioner that the name is no longer approved.
    Since the last revision of the approved grape variety names list in 
Sec.  4.91, (T.D. TTB-95, 76 FR 66625, published October 27, 2011), TTB 
has received and administratively approved a number of petitions for 
new grape variety names. In this notice, TTB is proposing to add a 
number of grape variety names to the list of names in Sec.  4.91 to 
reflect those approvals. The evidence that the petitioners submitted in 
support of each name--and that formed the basis for the TTB approval--
is summarized below. TTB is requesting comments on the appropriateness 
of these names for use on American wine labels.
    TTB is also requesting comments on one petitioned-for grape name 
that TTB did not approve administratively. The petition for this name--
Phoenix--is also discussed below. In addition, TTB has received a 
petition requesting that one grape variety name currently listed in 
Sec.  4.91--Geneva Red 7--be removed from the list and replaced with 
the name ``Geneva Red.'' TTB is requesting comments on this petition.

Grape Name Petitions

Amigne

    White Heron Cellars, Quincy, Washington, petitioned TTB to add 
``Amigne'' to the list of approved grape variety names. Amigne is a 
white Vitis vinifera grape variety long grown in Switzerland, but 
relatively new to the United States. The petitioner stated that it has 
grown the variety since the 1990s, and submitted written verification 
from a plant pathologist identifying its vines as Amigne. As evidence 
of the variety's acceptance, name validity, and usage, the petitioner 
also submitted references to Amigne from a Swiss publication 
``Principaux c[eacute]pages cultiv[eacute]s en Suisse'' (Principle 
Varieties Cultivated in Switzerland), published by the Swiss Federal 
Agricultural Research Station at Changins. Based on this evidence, TTB 
proposes to add Amigne to the list of grape variety names in Sec.  
4.91.

Arandell

    Jessica Lyga, Plant Varieties & Germplasm Licensing Associate, 
Center for Technology Enterprise and Commercialization, Cornell 
University, petitioned TTB to add ``Arandell'' to the list of approved 
grape varieties. Arandell, a red wine grape developed at Cornell, is a 
cross between two interspecific hybrid selections from Cornell's grape 
breeding program. According to a Cornell University bulletin submitted 
by the petitioner, Arandell is a ``grape characterized by a high degree 
of natural disease resistance and producing dark red wines with clean, 
berry aromas.'' The petitioner also submitted Arandell's listing in the 
National Grape Registry, published by the University of California at 
Davis (UC Davis), which notes the variety is available for sale at two 
commercial nurseries in New York. Based on this evidence, TTB proposes 
to add Arandell to the list of grape variety names in Sec.  4.91.

[[Page 81025]]

Aromella

    Jessica Lyga, Plant Varieties & Germplasm Licensing Associate, 
Center for Technology Enterprise and Commercialization, Cornell 
University, petitioned TTB to add ``Aromella'' to the list of approved 
grape varieties. Aromella is a white wine grape developed at Cornell 
from a cross between Traminette and Ravat 34. According to a Cornell 
University bulletin submitted by the petitioner, Aromella is ``a 
winter-hardy white wine grape with high potential productivity and 
excellent aromatic muscat wine characteristics.'' The petitioner also 
submitted Aromella's listing in UC Davis's National Grape Registry, 
which notes the variety is available for sale at three commercial 
nurseries in New York and California. Based on this evidence, TTB 
proposes to add Aromella to the list of grape variety names in Sec.  
4.91.

Arvine

    White Heron Cellars, Quincy, Washington, petitioned TTB to add 
``Arvine'' to the list of approved grape variety names. Arvine is a 
white Vitis vinifera variety originally from Switzerland and northern 
Italy. The petitioner stated that it has grown Arvine since the 1990s, 
having obtained its vines from Foundation Plant Services (FPS) at UC 
Davis. FPS currently sells the variety. As evidence of the variety's 
acceptance, name validity, and usage, the petitioner also submitted 
references to Arvine from a Swiss publication ``Principaux 
c[eacute]pages cultiv[eacute]s en Suisse'' (Principle Varieties 
Cultivated in Switzerland), published by the Swiss Federal Agricultural 
Research Station at Changins. Based on this evidence, TTB proposes to 
add Arvine to the list of grape variety names in Sec.  4.91.

Bianchetta trevigiana

    Laraneta Winery, Templeton, California, petitioned TTB to add 
``Bianchetta trevigiana'' to the list of approved grape variety names. 
Bianchetta trevigiana is a white Vitis vinifera variety originally from 
northern Italy. To satisfy the requirements of Sec.  4.93, the 
petitioner submitted a letter from UC Davis's FPS stating that DNA 
testing done on one of the petitioner's vines showed it to be of the 
Bianchetta trevigiana variety. According to UC Davis's National Grape 
Registry, the variety is available for sale at two California 
nurseries. Based on this evidence, TTB proposes to add Bianchetta 
trevigiana to the list of grape variety names in Sec.  4.91.

Black Spanish

    Majek Vineyard and Winery, San Antonio, Texas, petitioned TTB to 
add ``Black Spanish'' to the list of approved grape variety names as a 
synonym for the currently listed ``Lenoir.'' Black Spanish is a hybrid 
red wine grape grown in Texas and other southern States. As evidence of 
the validity of the name ``Black Spanish'' to identify the variety, the 
petitioner submitted links to several Web sites that refer to the 
variety by that name. These links include one to UC Davis's National 
Grape Registry, which lists ``Black Spanish'' as a common synonym for 
Lenoir, and three links to nursery Web sites that list the variety by 
the name ``Black Spanish.'' If Black Spanish is approved, it will 
appear as a synonym for Lenoir in Sec.  4.91. TTB believes that the 
evidence warrants the approval of Black Spanish as a valid name 
commonly used in the United States for this variety. However, we 
welcome comments on this issue. Based on the above evidence, TTB 
proposes to add the name ``Black Spanish'' to the list of grape variety 
names in Sec.  4.91 to be identified with its synonym ``Lenoir.'' TTB 
also received a petition for approval of the name ``Jacquez,'' another 
synonym for Lenoir (see discussion below under ``Jacquez'').

Bluebell

    Clover Meadow Winery, Shell Lake, Wisconsin, petitioned TTB to add 
``Bluebell'' to the list of approved grape variety names. Bluebell is 
an interspecific cross developed at the University of Minnesota in 
1944. A very cold-hardy variety, it is commonly used for table grapes, 
juice, and jelly. The petitioner, however, produces wine from the 
variety. To satisfy the requirements of Sec.  4.93, the petitioner 
submitted Web site references to Bluebell from the University of 
Minnesota and UC Davis's National Grape Registry, which lists five 
nurseries selling the variety. Based on this evidence, TTB proposes to 
add the name ``Bluebell'' to the list of grape variety names in Sec.  
4.91.

Bourboulenc

    Tablas Creek Vineyard, Paso Robles, California, petitioned TTB to 
add ``Bourboulenc'' to the list of approved grape variety names. 
Bourboulenc is a white Vitis vinifera variety associated with the 
Rh[ocirc]ne region of France, where it is one of the thirteen 
authorized varieties permitted in the Ch[acirc]teauneuf-du-Pape 
appellation of origin. As part of the petition, Tablas Creek submitted 
a letter of support from the director of FPS at UC Davis, Dr. Deborah 
Golino. In her letter, Dr. Golino states that Bourboulenc plant 
material was imported from France to FPS, where it was tested and found 
to be free of viruses, then planted in FPS's Russell Ranch Foundation 
Vineyard. The variety is currently available for sale to the public at 
FPS. In addition to the letter from Dr. Golino, the petitioner also 
submitted several published references to Bourboulenc. Based on this 
evidence, TTB proposes to add Bourboulenc to the list of grape variety 
names in Sec.  4.91.

Brachetto

    Pete Anderson of Eusinus Vineyard and Witch Creek Winery, Carlsbad, 
California, petitioned TTB to add ``Brachetto'' to the list of approved 
grape variety names. Brachetto is a red Vitis vinifera variety 
originally from the Piedmont region of Italy. The petitioner states he 
has grown Brachetto for several years at his Eusinus Vineyard and is 
aware of one other California winery growing and producing wine from 
the variety. To satisfy the requirements of Sec.  4.93, the petitioner 
submitted a letter from FPS at UC Davis stating that its DNA analysis 
of his vine sample showed it to be a match for samples of Brachetto 
held by the National Clonal Germplasm Repository at UC Davis. Based on 
this evidence, TTB proposes to add Brachetto to the list of grape 
variety names in Sec.  4.91.

By George

    Girouard Vines, Tulsa, Oklahoma, petitioned TTB to add ``By 
George'' to the list of approved grape variety names. By George is a 
red wine grape developed by George E. Girouard by crossing Ruby 
Cabernet with Vitis aestivalis JG #3. As evidence of the grape's 
acceptance and name validity, the petitioner submitted a listing for By 
George from the May 2012 HortScience's Register of New Fruit and Nut 
Cultivars. The petitioner states that the variety is currently grown in 
Oklahoma and California, and it planned to release a wine made from By 
George in 2015. Based on this evidence, TTB proposes to add By George 
to the list of grape variety names in Sec.  4.91.

Caladoc

    RBZ Vineyards, Templeton, California, petitioned TTB to add 
``Caladoc'' to the list of approved grape variety names. Caladoc is a 
red Vitis vinifera grape developed in France in 1958 as a crossing of 
Grenache and Malbec. To satisfy the requirements of Sec.  4.93, the 
petitioner submitted a listing for Caladoc from UC Davis's National 
Grape Registry, which indicates that the variety is for sale from FPS. 
The

[[Page 81026]]

petitioner also submitted pages from a California nursery catalogue 
indicating that it sells the variety. Additionally, the petitioner 
states that it and several other U.S. vineyards grow Caladoc. Based on 
this evidence, TTB proposes to add Caladoc to the list of grape variety 
names in Sec.  4.91.

Caprettone

    Belle Fiore Winery, Ashland, Oregon, petitioned TTB to add 
``Caprettone'' to the list of approved grape variety names. Caprettone 
is a white Vitis vinifera originally from southern Italy. As evidence 
of the grape's acceptance and name validity, the petitioner submitted a 
listing for Caprettone from UC Davis's National Grape Registry. 
According to this listing, Caprettone was initially released by UC 
Davis's FPS under the name ``Coda di Volpe''; however, subsequent DNA 
testing correctly identified the variety as Caprettone. The National 
Grape Registry currently lists three nurseries selling the variety. 
Based on this evidence, TTB proposes to add Caprettone to the list of 
grape variety names in Sec.  4.91.

Chisago

    Wine Haven, Inc., Chisago City, Minnesota, petitioned TTB to add 
``Chisago'' to the list of approved grape variety names. Chisago is a 
red wine variety developed by the petitioner from a crossing of St. 
Croix and Swenson Red. Noteworthy for its winter hardiness, the variety 
can survive temperatures that reach minus 40 degrees Fahrenheit. To 
satisfy the requirements of Sec.  4.93, the petitioner submitted copies 
of its U.S. Plant Patent and U.S. Trademark Registration for Chisago, 
along with two articles referencing the variety and a list of wine 
competition awards won by its Chisago wine. According to the 
petitioner, several other Minnesota vineyards also are growing Chisago, 
and two nurseries planned to sell the variety in 2012. Based on this 
evidence, TTB proposes to add Chisago to the list of grape variety 
names in Sec.  4.91.

Coda di Volpe

    Pete Anderson of Eusinus Vineyard and Witch Creek Winery, Carlsbad, 
California, petitioned TTB to add ``Coda di Volpe'' to the list of 
approved grape variety names. Coda di Volpe is a white Vitis vinifera 
variety originally from the Campania region of Italy. To satisfy the 
requirements of Sec.  4.93, the petitioner cited three published 
references to Coda di Volpe and notes that UC Davis's Foundation Plant 
Services imported Coda di Volpe vines in 2000. According to the 
petitioner, five California vineyards and wineries grow or make wine 
from the variety. UC Davis's National Grape Registry lists three 
California nurseries that sell Coda di Volpe vines to the public. Based 
on this evidence, TTB proposes to add Coda di Volpe to the list of 
grape variety names in Sec.  4.91.

Diana

    John H. Brahm III, winemaster at Arbor Hill Winery, Naples, New 
York, petitioned TTB to add ``Diana'' to the list of approved grape 
variety names. Diana is a red hybrid variety that has grown in the 
Finger Lakes region since the mid-1800s. To satisfy the requirements of 
Sec.  4.93, the petitioner submitted an excerpt from the 1908 book 
``The Grapes of New York,'' which describes Diana as a seedling of 
Catawba that ripens early and is thus good for cold climates. The 
petitioner also submitted a photo of a Widmer's Wine Cellars label for 
a Diana wine, vintage 1942. The petitioner states that Arbor Hill has 
recently produced a Diana wine which it intends to release for sale. 
TTB notes that the U.S. Department of Agriculture's Plant Genetic 
Resources Unit in Geneva, New York, maintains Diana in its collection 
and distributes the variety. Based on this evidence, TTB proposes to 
add Diana to the list of grape variety names in Sec.  4.91.

Esprit

    Deja Vine Vineyards & Winery, Martelle, Iowa, petitioned TTB to add 
``Esprit'' to the list of approved grape variety names. Esprit, a white 
interspecific hybrid, was developed by Elmer Swenson as a cross between 
Villard blanc and Edelweiss. To satisfy the requirements of Sec.  4.93, 
the petitioner submitted two publications from Iowa State University 
describing the viticultural characteristics of Esprit and the quality 
of its wine. Esprit is also listed in UC Davis's National Grape 
Registry, which notes that a New York nursery sells the variety. Based 
on this evidence, TTB proposes to add Esprit to the list of grape 
variety names in Sec.  4.91.

Falanghina

    Pete Anderson of Eusinus Vineyard and Witch Creek Winery, Carlsbad, 
California, petitioned TTB to add ``Falanghina'' to the list of 
approved grape variety names. Falanghina is a white Vitis vinifera 
grape variety originally from the Campania region of Italy. As 
evidence, the petitioner cited a number of wine publications that 
reference Falanghina. The variety is also listed in UC Davis's National 
Grape Registry, which names four nurseries selling the variety. 
According to the petitioner, four California vineyards and wineries are 
either growing Falanghina or producing wine from the variety. Based on 
this evidence, TTB proposes to add Falanghina to the list of grape 
variety names in Sec.  4.91.

Geneva Red/Geneva Red 7

    Jessica Lyga of Cornell University petitioned TTB to change the 
currently approved grape variety name ``Geneva Red 7'' to ``Geneva 
Red.'' Geneva Red 7 was added to Sec.  4.91 by T.D. TTB-95 as the 
result of a petition from a New York winery (see 76 FR 66625, October 
27, 2011). The Geneva Red petition states that Cornell University, the 
developer and owner of the grape variety, does not endorse the use of 
the name ``Geneva Red 7'' and notes that the petition for that name was 
submitted without its approval. The petition states that Cornell is 
concerned that the ``7'' in ``Geneva Red 7'' is confusing and leads the 
consumer to question whether there are similarly named grape varieties, 
such as Geneva Red 1, 2, 3, etc.
    As evidence for the name Geneva Red, the petitioner submitted a 
2003 Cornell publication referencing the variety as ``Geneva Red,'' 
along with the variety's entry from UC Davis' National Grape Registry 
which lists the variety as ``Geneva Red.'' Based on this evidence, TTB 
granted administrative approval to the name ``Geneva Red'' as a valid 
synonym for ``Geneva Red 7,'' but advised the petitioner that it could 
not remove the name ``Geneva Red 7'' from Sec.  4.91 without 
rulemaking. The petitioner has subsequently submitted a list of four 
commercial vineyards and wineries that use the name ``Geneva Red'' for 
the grape variety on their Web sites. Because the evidence indicates 
that this is the name currently used in the marketplace for the 
variety, TTB proposes to remove the name ``Geneva Red 7'' from Sec.  
4.91 and replace it with ``Geneva Red.'' However, TTB welcomes comments 
on the validity of the name, Geneva Red, as an approved name for this 
grape variety.
    TTB further proposes to allow the use of the grape variety name 
``Geneva Red 7'' for a period of 1 year after publication of a final 
rule on this matter if Geneva Red 7 is removed based on sufficient 
evidence from comments received. If this proposal is adopted as a final 
rule, those holding a certificate of label approval (COLA) with the 
name ``Geneva Red 7'' would have sufficient time to obtain new labels. 
At the end of the 1-year period, holders of approved ``Geneva Red 7'' 
labels would be required to discontinue their use as their COLA 
approval will be revoked by operation of the final rule (see 27 CFR

[[Page 81027]]

13.51 and 13.72(a)(2)). TTB believes the 1-year period will provide 
such label holders with adequate time to use up their supply of 
previously approved ``Geneva Red 7'' labels. This proposal appears in a 
new paragraph (e) of 27 CFR 4.92.

Godello

    California American Terroirs, Sonoma, California, petitioned TTB to 
add ``Godello'' to the list of approved grape variety names. Godello is 
a white Vitis vinifera variety native to Spain and Portugal. To satisfy 
the requirements of Sec.  4.93, the petitioner cited several published 
references to the Godello variety in professional journals and wine 
reference books. These include the article ``Prospection and 
identification of grapevine varieties cultivated in north Portugal and 
northwest Spain,'' J.P. MART[Iacute]N, et al., from the journal 
``Vitis,'' 50 (1), pp. 29-33 (2011), and ``Wine Grapes,'' Jancis 
Robinson, ed. (2012), p. 413. The petitioner also submitted evidence 
that a California nursery sells the variety. According to the 
petitioner, a number of wineries in California and Oregon grow Godello. 
Based on this evidence, TTB proposes to add Godello to the list of 
grape variety names in Sec.  4.91.

Gros Manseng

    Tablas Creek Vineyard, Paso Robles, California, petitioned TTB to 
add ``Gros Manseng'' to the list of approved grape variety names. Gros 
Manseng is a white Vitis vinifera variety of French origin. As evidence 
of the variety's acceptance and name validity, the petitioner submitted 
several published references to Gros Manseng, including the ``Oxford 
Companion to Wine'' (1999 edition) and Pierre Galet's ``C[eacute]page 
et Vignobles de France.'' Tablas Creek Vineyards imported Gros Manseng 
into the New York Agricultural Experiment Station in Geneva, New York, 
in 2000. After it was indexed and declared virus free in 2003, it was 
shipped bare root to the petitioner. The petitioner states it has 
provided Gros Manseng budwood to a California nursery, and TTB is aware 
of two other nurseries selling the variety. Based on this evidence, TTB 
proposes to add Gros Manseng to the list of grape variety names in 
Sec.  4.91.

Humagne Rouge

    White Heron Cellars, Quincy, Washington, petitioned TTB to add 
``Humagne Rouge'' to the list of approved grape variety names. Humagne 
Rouge is a red Vitis vinifera grape variety long grown in Switzerland, 
but relatively new to the United States. The petitioner stated that it 
obtained its Humagne Rouge vines from UC Davis's FPS in the 1990s, and 
the petition included an entry for the variety from a 1997 FPS 
catalogue showing that the variety was sold in the United States. As 
evidence of the variety's acceptance, name validity, and usage, the 
petitioner also submitted references to Humagne Rouge from a Swiss 
publication, ``Principaux c[eacute]pages cultiv[eacute]s en Suisse'' 
(Principle Varieties Cultivated in Switzerland), published by the Swiss 
Federal Agricultural Research Station at Changins. Based on this 
evidence, TTB proposes to add Humagne Rouge to the list of grape 
variety names in Sec.  4.91.

Jacquez

    Haak Vineyards & Winery, Santa Fe, Texas, petitioned TTB to add 
``Jacquez'' to the list of approved grape variety names as a synonym 
for the currently listed ``Lenoir.'' Jacquez is a hybrid red wine grape 
grown in Texas and other southern States, where it is also known by the 
name ``Black Spanish.'' The petitioner states it has used the name 
``Jacquez'' on its wine labels since 2003; as a result, its customers 
identify the wine by that name. As evidence of the validity of the name 
``Jacquez'' to identity the variety, the petitioner submitted an entry 
for Jacquez from UC Davis's National Grape Registry, which lists 
``Black Spanish'' and ``Lenoir'' as synonyms. The petitioner also cites 
a number of wine reference books that refer to the variety as 
``Jacquez,'' including Hugh Johnson's ``Story of Wine'' (2002 edition, 
p. 439).
    TTB also received a petition for ``Black Spanish.'' (See discussion 
above under ``Black Spanish.'') If Jacquez and Black Spanish are both 
approved, three names for one variety will appear in Sec.  4.91. TTB 
believes that the evidence warrants the approval of Jacquez and Black 
Spanish as they are both valid names commonly used in the United States 
for this variety. However, we welcome comments on this issue. Based on 
the above evidence, TTB proposes to add the name ``Jacquez'' to the 
list of grape variety names in Sec.  4.91 to be identified with its 
synonyms ``Black Spanish'' and ``Lenoir.''

Jupiter

    Yamhalis Vineyard, Yamhill, Oregon, petitioned TTB to add 
``Jupiter'' to the list of approved grape variety names. Jupiter is a 
hybrid grape developed by the University of Arkansas and released for 
commercial production in 1999. Although it is most commonly used as a 
table grape, the petitioner states it produces a good dry red wine. To 
satisfy the requirements of Sec.  4.93, the petitioner submitted an 
article on Jupiter in the scientific journal HortScience (Vol. 43 (7)), 
a copy of the plant patent for Jupiter, and a letter from Dr. John R. 
Clark, one of Jupiter's breeders. According to UC Davis's National 
Grape Registry, the variety is available from at least four U.S. 
nurseries. Based on this evidence, TTB proposes to add the name 
``Jupiter'' to the list of grape variety names in Sec.  4.91.

King of the North

    Clover Meadow Winery, Shell Lake, Wisconsin, petitioned TTB to add 
``King of the North'' to the list of approved grape variety names. A 
black grape, King of the North is an interspecific hybrid of unknown 
origin. Although it is most frequently grown for table grapes, juice, 
and jelly, it is also used to produce red wine by the petitioners and 
other wineries. As supporting evidence, the petitioner submitted Web 
site references to King of the North from Iowa State University and UC 
Davis's National Grape Registry, which lists three nurseries selling 
the variety. Based on this evidence, TTB proposes to add the name 
``King of the North'' to the list of grape variety names in Sec.  4.91.

Lambrusca di Alessandria

    Pete Anderson of Witch Creek Winery, Carlsbad, California, 
petitioned TTB to add ``Lambrusca di Alessandria'' to the list of 
approved grape variety names. Lambrusca di Alessandria is a red Vitis 
vinifera variety of Italian origin. According to the petitioner, 
Lambrusca di Alessandria is a different variety from the Lambrusco 
currently listed in Sec.  4.91. He cites as evidence a March-April 2006 
article from the Italian publication ``Italus Hortus,'' titled 
``Lambruschi from Piedmont: Historical investigations, fingerprinting 
and genetic relationships with other autochthonous Italian grapes 
(Vitis vinifera L.),'' by D. Torello Marinoni; S. Raimondi; P. 
Boccacci; and A. Schneider. The petitioner also cites ``Vitigni 
d'Italia,'' by Antonio Cal[ograve], Attilio Scienza, and Angelo 
Costacurta (2001) as a reference book that names and identifies the 
variety as distinctive from other Lambruschi varieties. Additionally, 
the petitioner notes that Lambrusca di Alessandria is maintained, by 
that name, in the collection of the U.S. Department of Agriculture's 
National Clonal Germplasm Repository in Davis, California.
    When the petitioner submitted a grapevine sample that he thought 
was of the Nebbiolo variety to UC Davis's FPS for DNA analysis, he was 
informed that the sample was actually Lambrusca di

[[Page 81028]]

Alessandria. This result was subsequently confirmed by Dr. Anna 
Schneider of the Istituto di Virologia Vegetale Sezione di Grugliasco, 
Torino, Italy. The petitioner reports that seven vineyards and wineries 
in California are currently growing Lambrusca di Alessandria or 
producing wine from it. Based on this evidence, TTB proposes to add the 
name ``Lambrusca di Alessandria'' to the list of grape variety names in 
Sec.  4.91.

Loureiro

    Lehrman Beverage Law petitioned TTB to add ``Loureiro'' to the list 
of approved grape variety names. Loureiro is a white Vitis vinifera 
variety originally cultivated in Spain and Portugal. To satisfy the 
requirements of Sec.  4.93, the petitioner submitted the listing for 
Loureiro in UC Davis's National Grape Registry, along with evidence 
that at least two California nurseries sell the variety and a number of 
California wineries produce wine from it. Based on this evidence, TTB 
proposes to add Loureiro to the list of grape variety names in Sec.  
4.91.

Madeleine Sylvaner

    Comfort Farm and Vineyard, Langley, Washington, petitioned TTB to 
add ``Madeleine Sylvaner'' to the list of approved grape variety names. 
Madeleine Sylvaner is a white Vitis vinifera variety that grows well in 
cooler climates. As evidence, the petitioner cited a Washington State 
University publication entitled ``Growing Grapes for Wine and Table in 
the Puget Sound Region'' that discusses Madeleine Sylvaner as a variety 
well suited to the Puget Sound climate. The petitioner states that it 
has grown the variety for 12 years and provided Madeleine Sylvaner 
grapes to other wineries in the Puget Sound region. TTB is aware of 
other Washington wineries producing wine from this variety. Based on 
this evidence, TTB proposes to add Madeleine Sylvaner to the list of 
grape variety names in Sec.  4.91.

Marquis

    Wyldewood Cellars Winery, Mulvane, Kansas, petitioned TTB to add 
``Marquis'' to the list of approved grape variety names. Marquis is a 
white hybrid variety developed at Cornell University as a cross of the 
Athens and Emerald Seedless varieties. To satisfy the requirements of 
Sec.  4.93, the petitioner submitted a copy of Cornell's 1999 plant 
patent for Marquis, a 1996 bulletin on Marquis issued by Cornell, and 
an article about the variety from the journal HortScience (Vol. 32 
(1)). Marquis is also listed in UC Davis's National Grape Registry and 
is available from at least four commercial nurseries. Based on this 
evidence, TTB proposes to add Marquis to the list of grape variety 
names in Sec.  4.91.

Marselan

    RBZ Vineyards, Templeton, California, petitioned TTB to add 
``Marselan'' to the list of approved grape variety names. Marselan is a 
red Vitis vinifera variety developed in France as a crossing of 
Cabernet Sauvignon and Grenache noir. The petitioner submitted a 
listing for Marselan from UC Davis's National Grape Registry, which 
indicates that the variety is available for sale from FPS. The 
petitioner also submitted pages from a California nursery catalogue 
indicating that it also sells the variety. Additionally, the petitioner 
states that it and several other U.S. vineyards grow Marselan. Based on 
this evidence, TTB proposed to add Marselan to the list of grape 
variety names in Sec.  4.91.

Mustang

    Natalia Winery, Natalia, Texas, petitioned TTB to add ``Mustang'' 
to the list of approved grape names. Mustang (Vitis mustangensis) is a 
variety native to the United States that grows wild in areas of Texas, 
Oklahoma, Arkansas, Louisiana, and Alabama. To satisfy the requirements 
of Sec.  4.93, the petitioner cited a number of internet Web sites that 
reference the Mustang variety, including that of the U.S. Department of 
Agriculture's Natural Resources Conservation Service and Texas A & M 
University's Department of Horticulture. The petitioner states that it 
harvests \1/2\ ton of Mustang grapes with which it produces a 100% 
Mustang wine. Additionally, TTB has found evidence that at least one 
Texas nursery sells Mustang vines. Based on this evidence, TTB proposes 
to add Mustang to the list of grape variety names in Sec.  4.91.

Petite Pearl

    Tom Plocher of Plocher Vines, Hugo, Minnesota, petitioned TTB to 
add ``Petite Pearl'' to the list of approved grape names. Petite Pearl, 
a red hybrid known for its cold hardiness, was developed by Mr. Plocher 
from a 1996 cross of MN 1094 and E.S. 4-7-26. To satisfy the 
requirements of Sec.  4.93, the petitioner submitted a January 2013 
article about Petite Pearl published by Midwest Wine Press entitled 
``Coming Soon: A New Red Wine That's a Pearl,'' along with evidence 
that two nurseries (in Minnesota and Vermont) sell the variety. He also 
named four wineries producing Petite Pearl wine. Based on this 
evidence, TTB proposes to add Petite Pearl to the list of grape variety 
names in Sec.  4.91.

Phoenix

    King's Raven Winery, Oregon City, Oregon, petitioned TTB to add 
``Phoenix'' to the list of approved grape names. Phoenix is a white 
Vitis vinifera variety developed in Germany as a cross of Bacchus weiss 
and Villard blanc. The petitioner submitted a number of published 
references to Phoenix, including a listing in UC Davis's National Grape 
Registry, along with evidence that two other American vineyards grow 
the variety.
    Although TTB believes that the petition contains sufficient 
evidence under Sec.  4.93 to approve the name ``Phoenix,'' TTB opted to 
propose adding the name to the list of grape variety names through 
rulemaking action rather than approve it administratively due to 
potential conflicts with existing COLAs. An electronic search of TTB's 
COLAs online database for the word ``Phoenix'' disclosed 174 COLAS that 
use the word ``Phoenix'' on a wine label as part of a brand or fanciful 
name. Of these, 40 have been approved since 2012 for 12 different 
wineries. The use of a grape variety name in a brand name potentially 
could be misleading and prohibited under Sec.  4.39. If the name 
Phoenix is approved as a grape variety name, these labels potentially 
could be misleading, particularly if they do not also contain a grape 
varietal designation. Because of this potential impact on current 
labels, TTB believes that the label holders should be given an 
opportunity to comment on this proposal. Those comments will better 
inform TTB as to whether the grape variety name should be approved and 
thus added to the list of approved names in Sec.  4.91.

Picardan

    Tablas Creek Vineyard, Paso Robles, California, petitioned TTB to 
add ``Picardan'' to the list of approved grape variety names. Picardan 
is a white Vitis vinifera variety associated with the Rh[ocirc]ne 
region of France, where it is one of the thirteen authorized varieties 
permitted in the Ch[acirc]teauneuf-du-Pape appellation of origin. As 
part of the petition, Tablas Creek submitted a letter of support for 
approval of the name from the director of FPS, Dr. Deborah Golino. In 
her letter, Dr. Golino states that Picardan plant material was imported 
from France to FPS, where it was tested and found to be free of 
viruses, then planted in FPS's Classic Foundation Vineyard. The variety 
is currently available for sale to the public

[[Page 81029]]

at FPS. In addition to the letter from Dr. Golino, the petitioner also 
submitted several published references to Picardan. Based on this 
evidence, TTB proposes to add Picardan to the list of grape variety 
names in Sec.  4.91.

Pinot Bianco

    Rodrigue Molyneaux Winery, Livermore, California, petitioned TTB to 
add ``Pinot bianco'' to the list of approved grape variety names as a 
synonym for the currently listed ``Pinot blanc.'' Pinot bianco is the 
Italian name for this white wine variety, while Pinot blanc is the 
French name. The petitioner, who specializes in Italian grape 
varieties, believes that it would be confusing to customers if it 
labeled its Pinot bianco wines with the French name for the variety. As 
evidence of the validity of the synonym ``Pinot bianco,'' the 
petitioner cited a Web site about Italian varieties grown in California 
that refers to the variety by that name (see http://www.cal-italia.org/wine.html). Additionally, two wine reference books state that Pinot 
bianco is the Italian name for Pinot blanc, ``The Oxford Companion to 
Wine'' (Robinson, 1999 edition, p. 533) and ``Oz Clarke's Encyclopedia 
of Grapes'' (2001, p. 171). Based on this evidence, TTB proposes to add 
Pinot bianco to the list of grape variety names in Sec.  4.91 as a 
synonym of Pinot blanc.

Plymouth

    Girouard Vines, Tulsa, Oklahoma, petitioned TTB to add ``Plymouth'' 
to the list of approved grape variety names. Plymouth is a red wine 
grape developed by George E. Girouard by crossing Merlot with Vitis 
aestivalis JG #3. As evidence of the grape's acceptance and name 
validity, the petitioner submitted a listing for Plymouth from the May 
2012 HortScience's Register of New Fruit and Nut Cultivars. The 
petitioner states that the variety is currently grown in Oklahoma and 
California, and it plans to release a wine made from Plymouth in 2015. 
Based on this evidence, TTB proposes to add Plymouth to the list of 
grape variety names in Sec.  4.91.

Ribolla Gialla

    Vare Vineyards, Napa, California, petitioned TTB to add ``Ribolla 
Gialla'' to the list of approved grape variety names. Ribolla Gialla is 
a white Vitis vinifera variety that has long grown in the Friuli region 
of Italy and in Slovenia. The petitioner states it has grown the 
variety and produced wine from it since 2004. The petitioner further 
states it sold grapes from the 2009 harvest to seven other wineries. As 
additional evidence, the petitioner cited a number of wine reference 
books that refer to the variety. Ribolla Gialla is also listed in UC 
Davis's National Grape Registry, which at the time of the petition 
listed three California nurseries selling the variety. Based on this 
evidence, TTB proposes to add Ribolla Gialla to the list of grape 
variety names in Sec.  4.91.

Rieslaner

    Mokelumne Glen Vineyards, Lodi, California, petitioned TTB to add 
``Rieslaner'' to the list of approved grape variety names. Rieslaner is 
a white Vitis vinifera variety developed in Germany in 1921 as a cross 
of Riesling and Silvaner. According to the petitioner, it obtained its 
Rieslaner as cuttings from the New York State Agricultural Experiment 
Station many years ago and has been using it in wine blends. To satisfy 
the requirements of Sec.  4.93, the petitioner cited a number of wine 
reference books that refer to Rieslaner, including ``The Oxford 
Companion to Wine'' (Robinson, 2006 edition, p. 577), and ``Production 
of Grapes and Wines in Cool Climates'' (David Jackson and Danny 
Schuster, 1986, p. 108). Based on this evidence, TTB proposes to add 
Rieslaner to the list of grape variety names in Sec.  4.91.

Riverbank

    Wild Grape Vineyards, Kindred, North Dakota, petitioned TTB to add 
``Riverbank'' to the list of approved grape variety names. Riverbank 
(Vitis riparia) is a red variety native to North America that grows 
wild in the central and northeastern sections of the United States and 
Canada. To satisfy the requirements of Sec.  4.93, the petitioner 
submitted evidence that at least one North Dakota nursery sells 
Riverbank vines and that at least one South Dakota winery sells wine 
produced from the variety. The petitioner also noted that the 
University of Minnesota has used the Riverbank variety in its grape 
breeding program to breed varieties with cold tolerance (see http://www.arboretum.umn.edu/grapesandwine.aspx). Based on this evidence, TTB 
proposes to add Riverbank to the list of grape variety names in Sec.  
4.91.

Rose of Peru

    Galleano Winery, Mira Loma, California, petitioned TTB to add 
``Rose of Peru'' to the list of approved grape variety names. Rose of 
Peru is a red Vitis vinifera variety, long grown in California, that 
DNA evidence has disclosed to be identical to the Mission variety, 
which is currently approved under Sec.  4.91. To satisfy the 
requirements of Sec.  4.93, the petitioner submitted a number of 
published references to the name ``Rose of Peru,'' including a February 
12, 2007, article from Wine Spectator magazine entitled ``Researchers 
Uncover Identity of Historic California Grape'' about the Mission grape 
variety. According to this article, DNA research conducted at the 
Centro Nacional de Biotecnologia in Spain found the Rose of Peru 
variety to be identical to Mission. The results of this research were 
published in the article ``Determining the Spanish Origin of 
Representative Ancient American Grapevine Varieties'' (Tapia, et al.) 
from the June 2007 American Journal of Enology & Viticulture (vol. 58, 
no. 2, pp. 242-251). Based on this evidence, TTB proposes to add Rose 
of Peru to the list of grape variety names in Sec.  4.91 as a synonym 
for Mission.

Saperavi

    Standing Stone Vineyards, Hector, New York, petitioned TTB to add 
``Saperavi'' to the list of approved grape variety names. Saperavi is a 
red Vitis vinifera variety that originates from the country of Georgia. 
To satisfy the requirements of Sec.  4.93, the petitioner cited several 
published references to Saperavi. These include ``The Concise Atlas of 
Wine'' (Hugh Johnson and Jancis Robinson, 2009, pp. 227-229), and an 
article from the trade journal Vineyard & Winery Management entitled 
``(The Republic of) Georgia on Their Minds'' (November/December 2010), 
which notes that a number of vineyards in the Northeastern United 
States are growing Saperavi. According to evidence submitted by the 
petitioner, three wineries in the Finger Lakes region of New York 
(including the petitioner) are growing the variety and producing wine 
from it. In addition, a New York nursery sells Saperavi, and the 
variety is listed in UC Davis's National Grape Registry. Based on this 
evidence, TTB proposes to add Saperavi to the list of grape variety 
names in Sec.  4.91.

Sch[ouml]nburger

    Plum Hill Vineyards, Gaston, Oregon, petitioned TTB to add 
``Sch[ouml]nburger'' to the list of approved grape variety names. 
Sch[ouml]nburger is a Vitis vinifera variety with pink berries 
developed in Germany in 1979 from a crossing of Pinot Noir, Chasselas 
Ros[eacute], and Muscat Hamburg. A cool climate variety, it is 
currently grown in Germany, England, and the U.S. and Canadian Pacific 
Northwest. To satisfy the requirements of Sec.  4.93, the petitioner 
cited a number of published references to Sch[ouml]nburger, including

[[Page 81030]]

``The Oxford Companion to Wine'' (Robinson, 2006 edition, p. 622). UC 
Davis's National Grape Registry lists Sch[ouml]nburger and notes that 
two Washington State University facilities sell the variety to the 
public. The petitioner states it has 1.5 acres of Sch[ouml]nburger from 
which it plans to produce 600 cases of wine. Based on this evidence, 
TTB proposes to add Sch[ouml]nburger to the list of grape variety names 
in Sec.  4.91.

Sheridan

    Blackhawk Winery, Sheridan, Indiana, petitioned TTB to add 
``Sheridan'' to the list of approved grape variety names. Sheridan, an 
interspecific cross of Herbert and Worden, was bred at the New York 
State Agricultural Experiment Station and released in 1921. Black in 
color, it is often used as a table grape. Sheridan is listed in UC 
Davis's National Grape Registry, and is available for sale at two New 
York nurseries. At the time of the petition, the petitioner was growing 
Sheridan and planning to produce wine from it. Based on this evidence, 
TTB proposes to add Sheridan to the list of grape variety names in 
Sec.  4.91.

Southern Cross

    Girouard Vines, Tulsa, Oklahoma, petitioned TTB to add ``Southern 
Cross'' to the list of approved grape variety names. Southern Cross is 
a red wine grape developed by George E. Girouard by crossing Merlot 
with Vitis aestivalis JG #3. As evidence of the grape's acceptance and 
name validity, the petitioner submitted a listing for Southern Cross 
from the May 2012 HortScience's Register of New Fruit and Nut 
Cultivars. The petitioner stated that the variety is currently grown in 
Oklahoma and California, and it plans to release a wine made from 
Southern Cross in 2015. Based on this evidence, TTB proposes to add 
Southern Cross to the list of grape variety names in Sec.  4.91.

Terret Noir

    Tablas Creek Vineyard, Paso Robles, California, petitioned TTB to 
add ``Terret Noir'' to the list of approved grape variety names. Terret 
Noir is a red Vitis vinifera variety associated with the Rh[ocirc]ne 
region of France, where it is one of the 13 authorized varieties 
permitted in the Ch[acirc]teauneuf-du-Pape appellation of origin. As 
part of the petition, Tablas Creek submitted a letter of support for 
approval of the Terret Noir variety from the director of FPS, Dr. 
Deborah Golino. In her letter, Dr. Golino states that Terret Noir plant 
material was imported from France to FPS, where it was tested and found 
to be free of viruses, then planted in FPS's vineyards. The variety is 
currently available for sale to the public at FPS. In addition to the 
letter from Dr. Golino, the petitioner also submitted several published 
references to Terret Noir as evidence of the variety's acceptance and 
name validity. Based on this evidence, TTB proposes to add Terret Noir 
to the list of grape variety names in Sec.  4.91.

Tinta Amarela

    Abacela Winery, Roseburg, Oregon, petitioned TTB to add ``Tinta 
Amarela'' to the list of approved grape variety names. Tinta Amarela is 
a black Vitis vinifera grape that originated in Portugal, where it is 
commonly used in port. To satisfy the requirements of Sec.  4.93, the 
petitioner submitted several published references to Tinta Amarela from 
wine reference books and wine Web sites. The petitioner also noted that 
the entry for Tinta Amarela in UC Davis's National Grape Registry lists 
eight U.S. nurseries that sell the variety. Based on this evidence, TTB 
proposes to add Tinta Amarela to the list of grape variety names in 
Sec.  4.91.

Tinta Cao

    Cypher Winery, Paso Robles, California, petitioned TTB to add 
``Tinta Cao'' to the list of approved grape variety names. Tinta Cao is 
a synonym for ``Tinto c[atilde]o,'' a name already listed in Sec.  
4.91. As evidence that Tinta Cao is a valid name for the variety, the 
petitioner submitted a copy of the 2008 California Grape Crush Report, 
issued by the California Department of Food and Agriculture. The 
publication, referring to ``Tinta Cao,'' reports that 408.6 tons of the 
grape were crushed in California that year. Additionally, UC Davis's 
National Grape Register lists ``Tinta Cao'' as a synonym for Tinto 
c[atilde]o and TTB is aware of at least one California vineyard selling 
the variety by the proposed name. Based on this evidence, TTB proposes 
to add Tinta Cao to the list of grape variety names in Sec.  4.91 as a 
synonym for Tinto c[atilde]o.

Tinta Roriz

    Cypher Winery, Paso Robles, California, petitioned TTB to add 
``Tinta Roriz'' to the list of approved grape variety names. Tinta 
Roriz is a synonym for ``Tempranillo'' and ``Valdepe[ntilde]as,'' names 
already listed in Sec.  4.91. As evidence that Tinta Roriz is a valid 
name for the variety, the petitioner submitted a copy of the 2008 
California Grape Crush Report, which refers to Tinta Roriz as a synonym 
for Tempranillo and Valdepe[ntilde]as. UC Davis's National Grape 
Registry contains a separate listing for Tinta Roriz, but notes that it 
is a Portuguese name for the grape variety known in Spain as 
Tempranillo. If the name ``Tinta Roriz'' is approved, three names for 
this variety will appear in Sec.  4.91. TTB believes that the evidence 
warrants the approval of Tinta Roriz. However, we welcome comments on 
this issue. Based on the above evidence, TTB proposes to add Tinta 
Roriz to the list of grape variety names in Sec.  4.91.

Touriga Nacional

    Cypher Winery, Paso Robles, California, petitioned TTB to add 
``Touriga Nacional'' to the list of approved grape variety names. 
Touriga Nacional is a black Vitis vinifera grape variety originally 
from Portugal. To satisfy the requirements of Sec.  4.93, the 
petitioner submitted a copy of the 2008 California Grape Crush Report, 
issued by the California Department of Food and Agriculture. This 
publication reports that 914.5 tons of Touriga Nacional were crushed in 
California that year. Also, UC Davis's National Grape Registry contains 
an entry for Touriga Nacional, and it lists 12 nurseries selling the 
variety. Based on this evidence, TTB proposes to add Touriga Nacional 
to the list of grape variety names in Sec.  4.91.
    The name ``Touriga'' is currently listed in Sec.  4.91, which the 
petitioner contends is similar to listing ``Cabernet Sauvignon'' as 
``Cabernet.'' However, the petitioner did not request the removal of 
``Touriga'' from the list, nor did it submit any evidence for such a 
removal. TTB is aware that there are other grape variety names that 
include ``Touriga'' as part of the name (the National Grape Registry 
also lists ``Touriga Franca'' and ``Touriga Brasileira''). Because 
bottlers of wines produced from these grapes may be utilizing the name 
``Touriga,'' TTB proposes to keep the name on the list for now. 
However, we welcome comments regarding the accuracy of the name 
``Touriga.''

Vaccar[egrave]se

    Tablas Creek Vineyard, Paso Robles, California, petitioned TTB to 
add ``Vaccar[egrave]se'' to the list of approved grape variety names. 
Vaccar[egrave]se is a red Vitis vinifera variety associated with the 
Rh[ocirc]ne region of France, where it is one of the 13 authorized 
varieties permitted in the Ch[acirc]teauneuf-du-Pape appellation of 
origin. As part of the petition, Tablas Creek submitted a letter of 
support from the director of FPS, Dr. Deborah Golino. In her letter, 
Dr. Golino states that Vaccar[egrave]se plant material was imported 
from France to FPS, where it was tested and found to be free of 
viruses, then

[[Page 81031]]

planted in FPS's Russell Ranch Foundation Vineyard. The variety is 
currently available for sale to the public at FPS. In addition to the 
letter from Dr. Golino, the petitioner also submitted several published 
references to Vaccar[egrave]se. Based on this evidence, TTB proposes to 
add Vaccar[egrave]se to the list of grape variety names in Sec.  4.91.

Valjohn

    Girouard Vines, Tulsa, Oklahoma, petitioned TTB to add ``Valjohn'' 
to the list of approved grape variety names. Valjohn is a red wine 
grape developed by George E. Girouard by crossing Cabernet Franc with 
Vitis aestivalis JG # 3. To satisfy the requirements of Sec.  4.93, the 
petitioner submitted a listing for Valjohn from the May 2012 
HortScience's Register of New Fruit and Nut Cultivars. The petitioner 
stated that the variety is currently grown in Oklahoma and California, 
and that it plans to release a wine made from Valjohn in 2015. Based on 
this evidence, TTB proposes to add Valjohn to the list of grape variety 
names in Sec.  4.91.

Verdejo

    Berryessa Gap Vineyards, Winters, California, petitioned TTB to add 
``Verdejo'' to the list of approved grape variety names. Verdejo is a 
white Vitis vinifera variety that has grown for centuries in the Rueda 
region of Spain. To satisfy the requirements of Sec.  4.93, the 
petitioner cites a number of published references to Verdejo, including 
in ``The Oxford Companion to Wine'' (Robinson, 2006 edition) and the 
American Journal of Enology and Viticulture. Separately, TTB received a 
letter of support for the petition from the director of FPS, Dr. 
Deborah Golino. She reports that FPS imported the variety in 2000 and 
since 2006 has distributed more than 750 Verdejo cuttings or plants to 
California vineyards. According to UC Davis's National Grape Registry, 
five nurseries sell Verdejo to the public. Based on this evidence, TTB 
proposes to add Verdejo to the list of grape variety names in Sec.  
4.91.

Technical Correction

    TTB has become aware of a technical error in Sec.  4.91 in that the 
grape variety name ``Madeleine Angevine'' is currently misspelled as 
``Madeline Angevine.'' TTB proposes to correct this error in this 
document. TTB also proposes to allow the use of the spelling ``Madeline 
Angevine'' for a period of 1 year after publication of a final rule on 
this matter so that anyone holding a COLA with the misspelling has 
sufficient time to obtain new labels. If this proposal is adopted as a 
final rule, at the end of the 1-year period, holders of approved 
``Madeline Angevine'' labels must discontinue their use as their 
certificates of label approval will be revoked by operation of the 
final rule (see 27 CFR 13.51 and 13.72(a)(2)). TTB believes the 1-year 
period will provide such label holders with adequate time to use up 
their supply of previously approved ``Madeline Angevine'' labels. This 
proposal appears in a new paragraph (e) of 27 CFR 4.92.

Public Participation

Comments Sought

    TTB requests comments from members of the public, particularly any 
person whose use of an approved label might be impacted by final 
approval of the grape variety names that are the subject of this 
proposed rule. TTB is also interested in comments that might bring into 
question whether an added grape name is accurate and appropriate for 
the designation of American wines. TTB is particularly interested in 
comments concerning the grape name discussed above that TTB did not 
approve by letter, Phoenix, as well as Geneva Red 7, the grape name we 
are proposing to replace with the name ``Geneva Red.'' Finally, TTB 
invites comment on any other issue raised by this notice of proposed 
rulemaking. Please support your comment with specific information about 
the grape varietal name in question.

Submitting Comments

    You may submit comments on this notice by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this proposed rule within Docket No. 
TTB-2016-0011 on ``Regulations.gov,'' the Federal e-rulemaking portal, 
at https://www.regulations.gov. A direct link to that docket is 
available under Notice No. 165 on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be 
attached to comments submitted via Regulations.gov. For complete 
instructions on how to use Regulations.gov, click on the site's 
``Help'' tab.
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
     Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street NW., Suite 400E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
proposed rule. Your comments must reference Notice No. 165 and include 
your name and mailing address. Your comments also must be made in 
English, be legible, and be written in language acceptable for public 
disclosure. TTB does not acknowledge receipt of comments and considers 
all comments as originals.
    In your comment, please clearly state if you are commenting for 
yourself or on behalf of an association, business, or other entity. If 
you are commenting on behalf of an entity, your comment must include 
the entity's name as well as your name and position title. In your 
comment via Regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

    All submitted comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.

Public Disclosure

    TTB will post, and you may view, copies of this proposed rule and 
any online or mailed comments received about this proposal within 
Docket No. TTB-2016-0011 on the Federal e-rulemaking portal. A direct 
link to that docket is available on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 165. You may 
also reach the relevant docket through the Regulations.gov search page 
at https://www.regulations.gov. For information on how to use 
Regulations.gov, click on the site's ``Help'' tab.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments or material that it considers unsuitable for posting.
    You may view copies of this proposed rule and any electronic or 
mailed

[[Page 81032]]

comments TTB receives about this proposal by appointment at the TTB 
Information Resource Center, 1310G Street NW., Washington, DC 20005. 
You may also obtain copies for 20 cents per 8.5- x 11-inch page. 
Contact TTB's information specialist at the above address or by 
telephone at 202-453-2270 to schedule an appointment or to request 
copies of comments or other materials.

Regulatory Flexibility Act

    TTB certifies that this proposed regulation, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. The decision of a grape grower to petition for a grape 
variety name approval, or the decision of a wine bottler to use an 
approved name on a label, is entirely at the discretion of the grower 
or bottler. This proposed regulation does not impose any new reporting, 
recordkeeping, or other administrative requirements. Accordingly, a 
regulatory flexibility analysis is not required.

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    Jennifer Berry of the Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, drafted this document.

List of Subjects in 27 CFR Part 4

    Administrative practice and procedure, Advertising, Customs duties 
and inspection, Imports, Labeling, Packaging and containers, Reporting 
and recordkeeping requirements, Trade practices, Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 27 
CFR, chapter I, part 4 as set forth below:

PART 4--LABELING AND ADVERTISING OF WINE

0
1. The authority citation for 27 CFR part 4 continues to read as 
follows:

    Authority: 27 U.S.C. 205, unless otherwise noted.

0
2. In Sec.  4.91, the list of grape variety names following the 
introductory text is amended by removing the entries for ``Geneva Red 
7,'' ``Lenoir,'' ``Madeline Angevine,'' ``Mission,'' ``Pinot blanc,'' 
``Tempranillo (Valdepe[ntilde]as),'' ``Tinto c[atilde]o,'' and 
``Valdepe[ntilde]as (Tempranillo),'' and by adding new entries in 
alphabetical order to read as follows:


Sec.  4.91  List of approved names.

* * * * *
Amigne
Arandell
* * * * *
Aromella
Arvine
* * * * *
Bianchetta trevigiana
* * * * *
Black Spanish (Jacquez, Lenoir)
* * * * *
Bluebell
* * * * *
Bourboulenc
Brachetto
* * * * *
By George
* * * * *
Caladoc
* * * * *
Caprettone
* * * * *
Chisago
* * * * *
Coda di Volpe
* * * * *
Diana
* * * * *
Esprit
Falanghina
* * * * *
Geneva Red
* * * * *
Godello
* * * * *
Gros Manseng
* * * * *
Humagne Rouge
* * * * *
Jacquez (Black Spanish, Lenoir)
* * * * *
Jupiter
* * * * *
King of the North
* * * * *
Lambrusca di Alessandria
* * * * *
Lenoir (Black Spanish, Jacquez)
* * * * *
Loureiro
* * * * *
Madeleine Angevine
Madeleine Sylvaner
* * * * *
Marquis
* * * * *
Marselan
* * * * *
Mission (Rose of Peru)
* * * * *
Mustang
* * * * *
Petite Pearl
* * * * *
Phoenix
Picardan
* * * * *
Pinot bianco (Pinot blanc)
Pinot blanc (Pinot bianco)
* * * * *
Plymouth
* * * * *
Ribolla Gialla
Rieslaner
* * * * *
Riverbank
* * * * *
Rose of Peru (Mission)
* * * * *
Saperavi
* * * * *
Sch[ouml]nburger
* * * * *
Sheridan
* * * * *
Southern Cross
* * * * *
Tempranillo (Tinta Roriz, Valdepe[ntilde]as)
Terret Noir
* * * * *
Tinta Amarela
Tinta Cao (Tinto c[atilde]o)
* * * * *
Tinta Roriz (Tempranillo, Valdepe[ntilde]as)
Tinto c[atilde]o (Tinta Cao)
* * * * *
Touriga Nacional
* * * * *
Vaccar[egrave]se
Valdepe[ntilde]as (Tempranillo, Tinta Roriz)
* * * * *
Valjohn
* * * * *
Verdejo
* * * * *
0
3. Section 4.92 is amended by adding paragraph (e) to read as follows:


Sec.  4.92  Alternative names permitted for temporary use.

* * * * *
    (e) Wines bottled prior to [date 1 year after publication of the 
final rule in the Federal Register].

[[Page 81033]]

Alternative Name/Name

Geneva Red 7--Geneva Red

Madeline Angevine--Madeleine Angevine

    Signed: September 29, 2016.
John J. Manfreda,
Administrator.
    Approved: November 3, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-27573 Filed 11-16-16; 8:45 am]
 BILLING CODE 4810-31-P