Public Information Regulations; Withdrawal, 2799 [05-955]
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2799
Rules and Regulations
Federal Register
Vol. 70, No. 11
Tuesday, January 18, 2005
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
DEPARTMENT OF THE TREASURY
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
[T.D. TTB–23; Ref. Notice No. 13]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
AGENCY:
21 CFR Part 20
[Docket No. 2004N–0214]
Public Information Regulations;
Withdrawal
Food and Drug Administration,
HHS.
ACTION:
Direct final rule; withdrawal.
SUMMARY: The Food and Drug
Administration (FDA) published in the
Federal Register of September 2, 2004,
a direct final rule to incorporate
exemptions one, two, and three of the
Freedom of Information Act (FOIA) into
FDA’s public information regulations.
The purpose was to implement more
comprehensively the exemptions
contained in FOIA. The comment
period closed November 16, 2004. FDA
is withdrawing the direct final rule
because the agency received significant
adverse comment.
The direct final rule published at
69 FR 53615 (September 2, 2004), is
withdrawn as of January 13, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Betty B. Dorsey, Division of Freedom of
Information (HFI–35), Food and Drug
Administration, 5600 Fishers Lane,
Rockville, MD 20857, 301–827–6567.
Authority: Therefore, under the Federal
Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of
Food and Drugs, the direct final rule
published on September 2, 2004 (69 FR
53615), is withdrawn.
Dated: January 11, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–955 Filed 1–13–05; 9:55 am]
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27 CFR Parts 4 and 24
RIN 1513–AC21
Production of Dried Fruit and Honey
Wines (2001R–136P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Treasury decision; final rule.
Food and Drug Administration
AGENCY:
Alcohol and Tobacco Tax and Trade
Bureau
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau (TTB) makes two
amendments to its regulations in
response to two petitions submitted by
producers of raisin and honey wines.
One amendment allows the production
of dried fruit wines with an alcohol by
volume content of more than 14 percent.
The other amendment lowers the
minimum starting Brix of 22 degrees to
13 degrees in the production of honey
wines. In addition, TTB corrects a
technical error in the wine labeling
regulations by raising the maximum
limit on alcohol content derived from
fermentation from 13 to 14 percent for
ameliorated agricultural wines.
EFFECTIVE DATE: March 21, 2005.
FOR FURTHER INFORMATION CONTACT:
Jennifer Berry of the Alcohol and
Tobacco Tax and Trade Bureau,
Regulations and Procedures Division, at
P.O. Box 18152, Roanoke, VA 24014; or
telephone (540) 344–9333.
SUPPLEMENTARY INFORMATION:
Background
TTB Authority
Section 5387 of the Internal Revenue
Code of 1986 (IRC), 26 U.S.C. 5387,
provides that wines made from
agricultural products other than the
juice of fruit must be made ‘‘in
accordance with good commercial
practice’’ as may be prescribed by the
Secretary of the Treasury by regulation.
Under this statutory provision, wines
made according to those regulations are
classed as ‘‘ ‘standard agricultural
wines.’ ’’ However, § 5387 precludes the
following production processes:
• The addition of wine spirits to
agricultural wines;
• The addition of coloring or
flavoring materials to agricultural wines,
PO 00000
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with the exception of the addition of
hops to honey wine; or
• The blending of wines from
different agricultural commodities.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) is responsible for
the administration of the IRC provisions
that relate to alcohol beverages,
including wine. Part 24 of the TTB
regulations (27 CFR part 24) addresses
the IRC provisions pertaining to wine
and contains, in subpart I, Production of
Agricultural Wine, regulations that
implement the provisions of IRC § 5387.
Requirements
Subpart I concerns the production of
agricultural wines. Sections 24.202 and
24.203 specifically address dried fruit
wine and honey wine, respectively, and
§ 24.204 addresses requirements for all
agricultural wines other than dried fruit
and honey wines. These sections
prohibit the production of any
agricultural wine with an alcohol
content of more than 14 percent by
volume following complete
fermentation or complete fermentation
and sweetening. The IRC does not
specify this limitation, which has been
in the regulations since 1954. Rather,
the limitation derives from the law’s
‘‘good commercial practice’’ standard.
Sections 24.202, 24.203, and 24.204
also contain limits on degrees Brix prior
to fermentation for agricultural wines.
Brix is the quantity of dissolved solids
in a wine expressed as grams of sucrose
in 100 grams of solution at 60 degrees
Fahrenheit, that is, the percent of sugar
by weight stated in degrees. The
regulations permit the addition of water
during the production of agricultural
wines, to facilitate fermentation, as long
as the density of the fermenting mixture
is not reduced below 22 degrees Brix.
The 22 degree limit, like that on alcohol
content discussed above, was placed in
the wine regulations in 1954 and is
based on ‘‘good commercial practice’’
standards and not on specific statutory
language.
Petitions
Dried Fruit Wine Petition
Bruno and George Wines, Inc., of
Beaumont, Texas, petitioned TTB to
amend § 24.202 to allow for the
production of a standard dried fruit
wine that contains more than 14 percent
alcohol by volume. Because of the
current prohibition in § 24.202 against
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[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Rules and Regulations]
[Page 2799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-955]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 /
Rules and Regulations
[[Page 2799]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 20
[Docket No. 2004N-0214]
Public Information Regulations; Withdrawal
AGENCY: Food and Drug Administration, HHS.
ACTION: Direct final rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) published in the
Federal Register of September 2, 2004, a direct final rule to
incorporate exemptions one, two, and three of the Freedom of
Information Act (FOIA) into FDA's public information regulations. The
purpose was to implement more comprehensively the exemptions contained
in FOIA. The comment period closed November 16, 2004. FDA is
withdrawing the direct final rule because the agency received
significant adverse comment.
DATES: The direct final rule published at 69 FR 53615 (September 2,
2004), is withdrawn as of January 13, 2005.
FOR FURTHER INFORMATION CONTACT: Betty B. Dorsey, Division of Freedom
of Information (HFI-35), Food and Drug Administration, 5600 Fishers
Lane, Rockville, MD 20857, 301-827-6567.
Authority: Therefore, under the Federal Food, Drug, and Cosmetic
Act and under authority delegated to the Commissioner of Food and
Drugs, the direct final rule published on September 2, 2004 (69 FR
53615), is withdrawn.
Dated: January 11, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-955 Filed 1-13-05; 9:55 am]
BILLING CODE 4160-01-S
