[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Proposed Rules]
[Pages 47164-47165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21810]


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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. 165A; Re: Notice No. 165]
RIN 1513-AC24


Proposed Addition of New Grape Variety Names for American Wines; 
Comment Period Reopening

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

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

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau is reopening for 
an additional 60 days the comment period for Notice No. 165, Proposed 
Addition of New Grape Variety Names for American Wines, a notice of 
proposed rulemaking published in the Federal Register on November 17, 
2016. TTB is taking this action in response to requests from several 
wine industry members and trade associations.

[[Page 47165]]


DATES: The comment period for the proposed rule published on November 
17, 2016 (81 FR 81023) is reopened for 60 days. Written comments on 
Notice No. 165 are now due on or before December 11, 2017.

ADDRESSES: Please send your comments on Notice No. 165 to one of the 
following addresses:
     Internet: https://www.regulations.gov (via the online 
comment form for Notice No. 165 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 400, Washington, DC 
20005.
    See the Public Participation section of Notice No. 165 for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this document, Notice No. 165, and any 
comments made to TTB about the described proposals 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 
document, Notice No. 165, and any comments made to TTB about the 
described proposals 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: In Notice No. 165, a notice of proposed 
rulemaking published in the Federal Register on November 17, 2016 (81 
FR 81023), the Alcohol and Tobacco Tax and Trade Bureau (TTB) requested 
public comment on proposals 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, removing one existing 
entry and replacing it with a slightly different name, and correcting 
the spelling of another existing entry. The proposed amendments would 
allow wine bottlers to use additional approved grape variety names on 
wine labels and in wine advertisements. The 60-day comment period for 
Notice No. 165 originally closed on January 17, 2017.
    During the original comment period, TTB received three requests to 
extend the comment period. The first request came from the National 
Association of Beverage Importers (NABI), an alcohol beverage industry 
trade association, and requested a 60-day extension of the comment 
period for Notice No. 165. In its request, NABI noted that Notice No. 
165 was issued during the busy holiday season when many compliance 
personnel took vacation time, and it noted that the proposed list of 51 
new grape variety names includes terms that appear as brand names on 
various beverage alcohol products. The NABI request stated that its 
members require additional time ``to assure that potential conflicts, 
confusion, misunderstanding or other issues are brought to the 
attention of TTB.'' The NABI comment is posted as Comment 5 within 
Docket No. TTB-2016-0011 on the Regulations.gov Web site at https://www.regulations.gov.
    The second request was submitted on behalf of the French Federation 
of Wine and Spirits Exporters (FEVS), and it also requested a 60-day 
extension of the comment period for Notice No. 165 (see Comment 9). The 
FEVS comment noted that it was unable to gather enough information to 
comment on the proposals in Notice No. 165, including the proposed 
addition of Esprit to the approved list of grape names ``due to an 
extended holiday season.'' The comment stated that FEVS required 
additional time to finalize its research of the COLA database and to 
bring to TTB's attention any potential conflicts between Esprit as an 
approved grape name and common terms used in wine brand or fanciful 
names.
    The third request was submitted by the law firm of Dickerson, 
Peatman and Fogarty on behalf of ``certain French wine producers that 
sell wine into the U.S. under a brand or fanciful name that includes 
the word ``Esprit'' (see Comment 18). The comment added that these 
producers only recently became aware of the proposed addition of Esprit 
to the list of approved grape names for American wines and are 
concerned that such action may adversely impact their intellectual 
property rights and ability to sell their wine in the U.S. The 
commenter, therefore, requested an extension of the comment period but 
did not specify a time period.
    In response to these requests, TTB is reopening the comment period 
for Notice No. 165 for an additional 60 days. TTB believes that an 
additional 60-day comment period will allow all interested parties to 
fully consider the impact of the new grape varietal names for American 
wines proposed in Notice No. 165.
    Therefore, comments on Notice No. 165 are now due on or before 
December 11, 2017. Comments on Notice No. 165 may be submitted as 
described above in the ADDRESSES section of this document.

Drafting Information

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

    Signed: September 28, 2017.
John J. Manfreda,
Administrator.
[FR Doc. 2017-21810 Filed 10-10-17; 8:45 am]
 BILLING CODE 4810-31-P