Approval of Grape Variety Names for American Wines, 66625-66629 [2011-27812]

Download as PDF Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by Reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by removing Amendment 39–16129; (75 FR 3615, January 22, 2010), and by adding a new airworthiness directive (AD), Amendment 39–16816, to read as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ 2011–20–06 Agusta S.p.A.: Amendment 39– 16816. Docket No. FAA–2011–1034; Directorate Identifier 2011–SW–014–AD. Supersedes AD 2009–19–51, Amendment 39–16129; Docket No. FAA–2009–1125, Directorate Identifier 2009–SW–50–AD. Applicability: Model AB139 and AW139 helicopters, with a tail assembly, part number (P/N) 3G5350A00132, 3G5350A00133, 3G5350A00134, or 3G5350A00135, except those with tailboom reinforcement structural retro-modification (MOD), P/N 3G5309P01812, installed, certificated in any category. Compliance: Required as indicated. To detect damage to the tailboom to prevent failure of a tailboom and subsequent loss of control of a helicopter, do the following: (a) For all affected helicopters, before further flight, visually check all tailboom panels on both sides of the tailboom for skin bulging or deformation. Pay particular attention to the previously repaired areas. This visual check may be performed by an owner/operator (pilot) holding at least a private pilot certificate and must be entered into the helicopter records showing compliance with paragraph (a) of this AD in accordance with 14 CFR 43.9(a)(1)-(4) and 91.417(a)(2)(v). (b) If there is bulging or deformation of a tailboom panel skin, before further flight, using an aluminum hammer (GF–06–00), P/ N 109–3101–58–2 (aluminum hammer), tap inspect the area around the bulge or deformity for debonding. Mark the boundaries of the debond area and measure the size of the marked area. VerDate Mar<15>2010 17:05 Oct 26, 2011 Jkt 226001 (c) For helicopters with a tailboom assembly, P/N 3G5350A00132, 3G5350A00133, or 3G5350A00134, and a serial number (S/N) with a prefix of ‘‘A’’ up to and including S/N 7/109 for the short nose configuration and a S/N with a prefix of ‘‘A’’ up to and including S/N 7/063 for the longnose configuration, within 25 hours time-inservice (TIS) from the last inspection or within 7 days, whichever occurs first, unless done previously, and thereafter at intervals not to exceed 25 hours TIS, tap inspect each tailboom panel on both sides of the tailboom in AREAs 3 and 5 for debonding, using an aluminum hammer as depicted in Figure 2 of Agusta Alert Bollettino Tecnico No. 139–195, Revision B, dated February 2, 2010 (ABT). First, inspect AREA 5 then AREA 3. You do not need to tap inspect the longeron area contained in AREA 3. Pay particular attention to previously repaired areas. (d) For all affected helicopters, except those with tailboom assembly part numbers and serial numbers described in paragraph (c) of this AD, within 50 hours TIS, unless done previously, and thereafter at intervals not to exceed 50 hours TIS, tap inspect each tailboom panel on both sides of the tailboom for debonding using an aluminum hammer. Pay particular attention to the previously repaired areas. (e) If there is any debonding, mark the debond area and measure the size of the marked area. (f) Before further flight, install tailboom structural reinforcement per MOD, P/N 3G5309P01812; if: (1) The mathematical area of a single debond is equal to or greater than 320 mm2 and is wholly within AREA 3 as depicted in Figure 2 of the ABT; (2) The mathematical area of a single debond is equal to or exceeds 150 mm2 if the debond occurs in area 1, 2, 4, or 5 as depicted in Figure 2 of the ABT; or (3) The distance between the edges of any two debonded areas is less than 3 times the largest debond dimension of the two debonded areas measured on a line between the centers of the two debonded areas; or (4) A debond is within 3 mm from any bond joint edge. (g) If none of the criteria of paragraphs (f)(1) through (f)(4) of this AD are met, before further flight, repair the debonded area of the tailboom using FAA engineering approved data and procedures or replace the tailboom with an airworthy tailboom. (h) Modifying the tailboom per MOD, P/N 3G5309P01812, is terminating action for the requirements of this AD. (i) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, FAA Attn: Sharon Miles, ASW–111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations and Guidance Group, 2601 Meacham Blvd, Fort Worth, Texas 76137, telephone (817) 222– 5122, fax (817) 222–5961, for information about previously approved alternative methods of compliance. (j) The Joint Aircraft System/Component (JASC) Code is 5302: Rotorcraft Tailboom. (k) The inspections shall be done on both sides of the tailboom by following the PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 66625 specified portions of Agusta Alert Bollettino Tecnico No. 139–195, Revision B, dated February 2, 2010. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Agusta, Via Giovanni Agusta, 520 21017 Cascina Costa di Samarate (VA), Italy, telephone 39 0331–229111, fax 39 0331– 229605/222595, or at http://customersupport. agusta.com/technical_advice.php. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas, 76137, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. (l) This amendment becomes effective on November 14, 2011. Note: The subject of this AD is addressed in European Aviation Safety Agency AD No. 2011–0019, dated February 3, 2011 Issued in Fort Worth, Texas, on September 13, 2011. Lance T. Gant, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2011–27690 Filed 10–26–11; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 4 [Docket No. TTB–2011–0002; T.D. TTB–95; Re: Notice No. 116] RIN 1513–AA42 Approval of Grape Variety Names for American Wines Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. AGENCY: This document adopts, as a final rule, a proposal to amend the Alcohol and Tobacco Tax and Trade Bureau regulations by adding a number of new names to the list of grape variety names approved for use in designating American wines, and to include in the list several separate entries for synonyms of existing entries so that readers can more readily find them. These amendments will allow bottlers of wine to use more grape variety names on wine labels and in wine advertisements. DATES: Effective Date: This final rule is effective November 28, 2011. FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco SUMMARY: E:\FR\FM\27OCR1.SGM 27OCR1 66626 Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations Tax and Trade Bureau, Regulations and Rulings Division, P.O. Box 18152, Roanoke, VA 24014; telephone 202– 453–1039, ext. 275. SUPPLEMENTARY INFORMATION: Background mstockstill on DSK4VPTVN1PROD with RULES 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. 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 § 4.25 (27 CFR 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 § 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 prime grape variety names and their synonyms approved for use as type designations for American wines VerDate Mar<15>2010 17:05 Oct 26, 2011 Jkt 226001 appears in § 4.91 (27 CFR 4.91). Alternative grape variety names temporarily authorized for use are listed in § 4.92 (27 CFR 4.92). Finally, § 4.93 (27 CFR 4.93) sets forth rules for the approval of grape variety names. Approval of Grape Variety Names Section 4.93 provides that any interested person may petition the 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 name: • If it has previously been used for a different grape variety; • If it contains a term or name found to be misleading under § 4.39 (27 CFR 4.39); or • If it contains the term ‘‘Riesling.’’ Typically, if TTB determines that the evidence submitted with a petition supports approval of the 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 § 4.91 at a later date. 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 § 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. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Notice of Proposed Rulemaking On January 20, 2011, TTB published Notice No. 116 in the Federal Register (76 FR 3573) proposing to add a number of grape variety names to the list of approved names in § 4.91, either as a grape variety not already listed or as a synonym for an existing listed name. Most of the name proposals were based on petitions that TTB had received and approved, and the evidence that had been submitted in support of each petitioned for name is summarized in the preamble to Notice No. 116. These names, on which TTB solicited comments, are as follows: Auxerrois Biancolella Black Monukka ¨ Blaufrankish Brianna Cabernet Diane ´ Cabernet Dore Canaiolo Carignan Corot noir Crimson Cabernet Erbaluce Favorite Forastera Freedom Frontenac Frontenac gris Garnacha Garnacha blanca Geneva Red 7 Graciano Grenache blanc Grenache noir ¨ Gruner Veltliner Interlaken La Crescent Lagrein Louise Swenson Lucie Kuhlmann Mammolo Marquette Monastrell Montepulciano Negrara Negro Amaro Nero d’Avola Noiret Peloursin Petit Bouschet Petit Manseng Piquepoul blanc (Picpoul) Prairie Star Reliance Rondinella Sabrevois Sagrantino St. Pepin St. Vincent Sauvignon gris Valiant Valvin Muscat Vergennes E:\FR\FM\27OCR1.SGM 27OCR1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations Vermentino Wine King Zinthiana Zweigelt TTB also invited comments on three petitioned-for grape names that TTB did not approve by letter—Canaiolo Nero, Moscato Greco, and Princess. In addition, TTB requested comments on a petition requesting that two grape variety names currently listed in § 4.91 as separate varieties—Petite Sirah and Durif—be recognized as synonyms. The petitions for these grape names are also summarized in the preamble to Notice No. 116. TTB also proposed to reformat the § 4.91 grape list to include separate entries for synonyms of existing entries so that readers can more readily find a particular name. When Notice No. 116 was published, the list was structured as an alphabetical list of prime grape names, with any synonym appearing only in parenthesis after the prime grape name. For example, the name ‘‘Black Malvoisie’’ was only listed in § 4.91 as a synonym after the prime name, ‘‘Cinsaut.’’ A reader trying to determine if ‘‘Black Malvoisie’’ is an approved grape variety name might not see it in an alphabetical list that set forth ‘‘Cinsaut’’ at the beginning of the line where the ‘‘Black Malvoisie’’ synonym appears. TTB also believes the current format suggests that synonyms are in some way not as valid as grape names as prime names when, in fact, every name in § 4.91, whether a prime name or a synonym, is equally acceptable for use as a type designation for an American wine. TTB therefore proposed in Notice No. 116 to eliminate the word ‘‘prime’’ from the heading of § 4.91, as well as from the second sentence of the introductory text of that section, and to list each synonym in the same way as a prime name. As a result, § 4.91 would simply set forth a list of grape names that have been approved as type designations for American wines, followed, in parentheses, by any approved synonyms for that name. Finally, TTB proposed to correct a technical error in § 4.91, that is, the misspelling of the grape name ‘‘Agawam’’ as ‘‘Agwam.’’ In addition to correcting this error, TTB proposed to allow the use of the misspelling ‘‘Agwam’’ for a period of one year after publication of the final rule so that anyone holding a COLA with the misspelling has sufficient time to obtain new labels. Comments Received TTB received 35 comments in response to Notice No. 116, most of VerDate Mar<15>2010 17:05 Oct 26, 2011 Jkt 226001 them generally supportive of the proposed amendments. Of these, 28 specifically support the proposal to recognize Petite Sirah and Durif as synonyms. Many of the latter are identical letters that cite the DNA research, summarized in Notice No. 116, of Dr. Carole Meredith at the University of California at Davis (UC Davis) into the identity of the Petite Sirah grape variety. They also cite as additional evidence two publications that recognize the names ‘‘Petite Sirah’’ and ‘‘Durif’’ as synonyms. One commenter expresses concern about new clones being required to be marketed as ‘‘Durif,’’ a name he notes has little market presence. In response to the last comment, TTB notes that the proposal to recognize the names as synonymous will not require that clones be marketed as ‘‘Durif’’; in fact, the reverse is true: The proposal will allow growers and vintners to use the names interchangeably. TTB received two comments specifically in favor of the proposal to ¨ recognize Blaufrankisch as a synonym for Lemberger/Limberger, both commenters stating that they are growers of the variety. TTB received a comment from Cornell University objecting to the proposed name for the new listing of the grape variety Geneva Red 7, which was bred at Cornell. The commenter, a Cornell plant varieties and germplasm licensing associate, states that Cornell does not approve of the name ‘‘Geneva Red 7,’’ but does approve of the name ‘‘Geneva Red.’’ TTB notes, however, that the name evidence in the petition for Geneva Red 7 included bulletins published by Cornell and a page from UC Davis’s National Grape Registry. Both of these publications use the names ‘‘Geneva Red 7’’ and ‘‘GR 7’’; neither uses the name ‘‘Geneva Red.’’ Further, TTB did not propose the name ‘‘GR 7’’ because it did not believe consumers would recognize that name as a grape variety name. Although TTB understands the interest of Cornell in the determination of what name should be used for a grape variety developed under its auspices, § 4.93 requires some evidence to establish the validity of the name. Of course, TTB would be willing to reconsider this matter following receipt of a petition under § 4.93 with appropriate evidence supporting use of the name ‘‘Geneva Red.’’ One comment objects to including in the list grape varieties that are not cultivated widely enough for their names to be meaningful to consumers. The commenter states that varieties such as Sauvignon gris, Valvin Muscat, and Cabernet Diane are recent, only PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 66627 marginally planted hybrid varieties that have been given names which will lead the public into believing they are Vitis vinifera varieties. This commenter does, however, express approval of the listing of Vitis vinifera variety names such as ¨ Auxerrois or Gruner Veltliner, grapes that the commenter describes as widely accepted internationally. TTB does not agree with the suggestion that a grape variety must be widely cultivated to merit inclusion in the list of approved grape names in § 4.91. Section 4.93 merely provides in this regard that the variety must be ‘‘grown and used in the United States’’ without specifying the extent which such growth and use must exist. With regard to hybrid varieties, TTB notes that they have a place in the U.S. wine industry, are popular in areas of the country where the climate makes the cultivation of Vitis vinifera varieties challenging, and are not per se outside the scope of approval under § 4.93. TTB therefore sees no reason to exclude from § 4.91 hybrid grape variety names that otherwise meet the standard for approval under § 4.93. Additionally, TTB does not agree that the names Sauvignon gris, Valvin Muscat, and Cabernet Diane are misleading. Sauvignon gris, a pinkskinned mutation of the Sauvignon blanc variety is, in fact, a Vitis vinifera grape. Moreover, TTB notes that Valvin Muscat was developed from a crossing of Muscat Ottonel and Muscat du Moulin, while Cabernet Diane was bred from a cross of Cabernet Sauvignon and Norton. Because these latter grapes were developed from Vitis vinifera varieties and share both part of the name and some of the varietal characteristics of those grapes, TTB finds that they are not misleading. Another commenter opined that some of the proposed names seem either ‘‘self-indulgent or outright silly for a wine varietal,’’ citing the name ‘‘Princess’’ as an example. TTB notes that § 4.93 does not provide for disapproval of a name because it appears to be self-indulgent or silly. So long as the name is a valid identifier of the grape variety, TTB believes that the decision whether to include it on a wine label or in a wine advertisement is a subjective matter that is best left to the wine industry. Finally, one commenter favored recognizing Primitivo as a synonym for Zinfandel. Another commenter objected to the varietal (grape type) labeling regulations contained in § 4.23, which allow a varietal designation on a label if 75 percent (or 51 percent in the case of wine made from Vitis labrusca varieties) of the wine is derived from the E:\FR\FM\27OCR1.SGM 27OCR1 66628 Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations labeled grape variety; this commenter believes these percentages are too low and are misleading to consumers. Because neither of these issues was raised in Notice No. 116 for public comment, TTB believes that it would be inappropriate to include the suggested changes in this final rule document. PART 4—LABELING AND ADVERTISING OF WINE 1. The authority citation for 27 CFR part 4 continues to read as follows: ■ Authority: 27 U.S.C. 205, unless otherwise noted. After careful review of the comments discussed above, TTB has determined that it is appropriate to adopt the proposed regulatory changes contained in Notice No. 116. In addition, TTB notes that with the removal of the word ‘‘prime’’ from § 4.91, it would also be appropriate to remove the word ‘‘prime’’ from § 4.92, the list of alternative grape variety names temporarily authorized for use. Accordingly, this document removes the word ‘‘prime’’ wherever it appears in § 4.92. 2. Section 4.91 is amended: a. By removing the word ‘‘prime’’ from the section heading and from the second sentence of the introductory text; ■ b. By adding the word ‘‘variety’’ to the second sentence of the introductory text after the second use of ‘‘grape’’; and ■ c. In the list of grape variety names following the introductory text, by removing the entries for ‘‘Agwam’’, ‘‘Carignane’’, ‘‘Durif’’, ‘‘Grenache’’, ‘‘Limberger (Lemberger)’’, ‘‘Malvasia bianca’’, and ‘‘Petite Sirah’’ and by adding new entries in alphabetical order to read as follows: Regulatory Flexibility Act § 4.91 TTB Finding TTB certifies under the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule 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 or in an advertisement, is entirely at the discretion of the grower or bottler. This regulation does not impose any new reporting, recordkeeping, or other administrative requirements. Accordingly, a regulatory flexibility analysis is not required. Executive Order 12866 This final rule is not a significant regulatory action as defined by Executive Order 12866. Therefore, it requires no regulatory assessment. Drafting Information Jennifer Berry of the Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, drafted this document. mstockstill on DSK4VPTVN1PROD with RULES 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. Amendments to the Regulations For the reasons discussed in the preamble, TTB amends 27 CFR part 4 as set forth below: VerDate Mar<15>2010 17:05 Oct 26, 2011 Jkt 226001 ■ ■ List of approved names. * * * * * Agawam * * * * * Auxerrois * * * * * Biancolella * * * * * Black Malvoisie (Cinsaut) Black Monukka Black Muscat (Muscat Hamburg) * * * * * ¨ Blaufrankish (Lemberger, Limberger) * * * * * Brianna * * * * * Cabernet Diane ´ Cabernet Dore * * * * * Canaiolo (Canaiolo Nero) Canaiolo Nero (Canaiolo) * * * * * Carignan (Carignane) Carignane (Carignan) * * * * * Corot noir * * * * * Crimson Cabernet * * * * * Durif (Petite Sirah) * * * * * Erbaluce Favorite * * * * * Forastera * * * * * Freedom * * * * * French Colombard (Colombard) Frontenac Frontenac gris * * * * * PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 ´ Fume blanc (Sauvignon blanc) * * * * * Garnacha (Grenache, Grenache noir) Garnacha blanca (Grenache blanc) * * * * * Geneva Red 7 * * * * * Graciano * * * * * Grenache (Garnacha, Grenache noir) Grenache blanc (Garnacha blanca) Grenache noir (Garnacha, Grenache) * * * * * ¨ Gruner Veltliner * * * * * Interlaken * * * * * Island Belle (Campbell Early) * * * * * La Crescent * * * * * Lagrein * * * * * ¨ Lemberger (Blaufrankish, Limberger) * * * * * ¨ Limberger (Blaufrankisch, Lemberger) Louise Swenson Lucie Kuhlmann * * * * * Malvasia bianca (Moscato greco) Mammolo * * * * * Marquette * * * * * ` Mataro (Monastrell, Mourvedre) * * * * * Melon (Melon de Bourgogne) * * * * * ` Monastrell (Mataro, Mourvedre) * * * * * Montepulciano * * * * * Moscato greco (Malvasia bianca) ` Mourvedre (Mataro, Monastrell) * * * * * Muscat Canelli (Muscat blanc) * * * * * Negrara * * * * * Negro Amaro Nero d’Avola * * * * * Noiret * * * * * Peloursin Petit Bouschet Petit Manseng * * * * * Petite Sirah (Durif) * * * * * Picpoul (Piquepoul blanc) * * * * * Pinot Grigio (Pinot gris) * * * * * E:\FR\FM\27OCR1.SGM 27OCR1 Federal Register / Vol. 76, No. 208 / Thursday, October 27, 2011 / Rules and Regulations Pinot Meunier (Meunier) * * * * * Piquepoul blanc (Picpoul) Prairie Star * * * * * Princess * * * * * Refosco (Mondeuse) * * * * * Reliance * * * * * Rkatsiteli (Rkatziteli) * * * * * Rondinella * * * * * Sabrevois * * * * * Sagrantino * * * * * St. Pepin St. Vincent * * * * * Sauvignon gris * * * * * Seyval blanc (Seyval) Shiraz (Syrah) * * * * * Trebbiano (Ugni blanc) * * * * * ˜ Valdepenas (Tempranillo) * * * * * Valiant Valvin Muscat * * * * * Vergennes Vermentino * * * * * Vignoles (Ravat 51) * * * * * White Riesling (Riesling) Wine King * * * * * Zinthiana Zweigelt DEPARTMENT OF THE TREASURY 3. Section 4.92 is amended by removing the word ‘‘prime’’ or ‘‘Prime’’ wherever it appears, and by adding new paragraph (d) to read as follows: § 4.92 Alternative names permitted for temporary use. * * * * (d) Wines bottled prior to October 29, 2012. Alternative Name/Name Agwam—Agawam mstockstill on DSK4VPTVN1PROD with RULES * Signed: August 22, 2011. John J. Manfreda, Administrator. Approved: September 6, 2011. Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). [FR Doc. 2011–27812 Filed 10–26–11; 8:45 am] BILLING CODE 4810–31–P VerDate Mar<15>2010 17:05 Oct 26, 2011 Definition Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region having 27 CFR Part 9 distinguishing features as described in [Docket No. TTB–2010–0003; T.D. TTB–96; part 9 of the regulations and a name and Notice Nos. 105, 107, and 112] a delineated boundary as established in part 9 of the regulations. These RIN 1513–AB41 designations allow vintners and consumers to attribute a given quality, Establishment of the Pine Mountainreputation, or other characteristic of a Cloverdale Peak Viticultural Area wine made from grapes grown in an area AGENCY: Alcohol and Tobacco Tax and to its geographic origin. The Trade Bureau, Treasury. establishment of viticultural areas ACTION: Final rule; Treasury Decision. allows vintners to describe more accurately the origin of their wines to SUMMARY: This document establishes the consumers and helps consumers to 4,570-acre ‘‘Pine Mountain-Cloverdale identify wines they may purchase. Peak’’ viticultural area in portions of Establishment of a viticultural area is Mendocino and Sonoma Counties, neither an approval nor an endorsement California. The Alcohol and Tobacco by TTB of the wine produced in that Tax and Trade Bureau designates area. viticultural areas to allow vintners to Requirements better describe the origin of their wines and to allow consumers to better Section 4.25(e)(2) of the TTB identify wines they may purchase. regulations outlines the procedure for DATES: Effective date: November 28, proposing an American viticultural area 2011. and provides that any interested party may petition TTB to establish a grapeFOR FURTHER INFORMATION CONTACT: growing region as a viticultural area. Elisabeth C. Kann, Regulations and Section 9.12 of the TTB regulations Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St., NW., prescribes standards for petitions for the establishment or modification of Room 200E, Washington, DC 20220; American viticultural areas. Such phone 202–453–1039, ext. 002. petitions must include the following: SUPPLEMENTARY INFORMATION: • Evidence that the area within the viticultural area boundary is nationally Background on Viticultural Areas or locally known by the viticultural area TTB Authority name specified in the petition; Section 105(e) of the Federal Alcohol • An explanation of the basis for Administration Act (FAA Act), 27 defining the boundary of the viticultural U.S.C. 205(e), authorizes the Secretary area; of the Treasury to prescribe regulations • A narrative description of the for the labeling of wine, distilled spirits, features of the viticultural area that and malt beverages. The FAA Act affect viticulture, such as climate, provides that these regulations should, geology, soils, physical features, and among other things, prohibit consumer elevation, that make it distinctive and deception and the use of misleading distinguish it from adjacent areas statements on labels, and ensure that outside the viticultural area boundary; labels provide the consumer with • A copy of the appropriate United adequate information as to the identity States Geological Survey (USGS) map(s) and quality of the product. The Alcohol showing the location of the viticultural and Tobacco Tax and Trade Bureau area, with the boundary of the (TTB) administers the regulations viticultural area clearly drawn thereon; promulgated under the FAA Act. and Part 4 of the TTB regulations (27 CFR • A detailed narrative description of part 4) provides for the establishment of the viticultural area boundary based on definitive viticultural areas and the use USGS map markings. of their names as appellations of origin Pine Mountain-Mayacmas Petition on wine labels and in wine Sara Schorske of Compliance Service advertisements. Part 9 of the TTB of America prepared and submitted a regulations (27 CFR part 9) sets forth petition on her own behalf and on standards for the preparation, behalf of local wine industry members submission, and approval of petitions for the establishment or modification of to establish the 4,600-acre Pine American viticultural areas and lists the Mountain-Mayacmas American viticultural area in northern California. approved American viticultural areas. Alcohol and Tobacco Tax and Trade Bureau ■ Jkt 226001 66629 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\27OCR1.SGM 27OCR1

Agencies

[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Rules and Regulations]
[Pages 66625-66629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27812]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 4

[Docket No. TTB-2011-0002; T.D. TTB-95; Re: Notice No. 116]
RIN 1513-AA42


Approval of Grape Variety Names for American Wines

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

ACTION: Final rule; Treasury decision.

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SUMMARY: This document adopts, as a final rule, a proposal to amend the 
Alcohol and Tobacco Tax and Trade Bureau regulations by adding a number 
of new names to the list of grape variety names approved for use in 
designating American wines, and to include in the list several separate 
entries for synonyms of existing entries so that readers can more 
readily find them. These amendments will allow bottlers of wine to use 
more grape variety names on wine labels and in wine advertisements.

DATES: Effective Date: This final rule is effective November 28, 2011.

FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco

[[Page 66626]]

Tax and Trade Bureau, Regulations and Rulings Division, P.O. Box 18152, 
Roanoke, VA 24014; 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.

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 (27 CFR 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 prime 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 Grape Variety Names

    Section 4.93 provides that any interested person may petition the 
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 name:
     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 (27 CFR 4.39); or
     If it contains the term ``Riesling.''
    Typically, if TTB determines that the evidence submitted with a 
petition supports approval of the 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. 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.

Notice of Proposed Rulemaking

    On January 20, 2011, TTB published Notice No. 116 in the Federal 
Register (76 FR 3573) proposing to add a number of grape variety names 
to the list of approved names in Sec.  4.91, either as a grape variety 
not already listed or as a synonym for an existing listed name. Most of 
the name proposals were based on petitions that TTB had received and 
approved, and the evidence that had been submitted in support of each 
petitioned for name is summarized in the preamble to Notice No. 116. 
These names, on which TTB solicited comments, are as follows:

Auxerrois
Biancolella
Black Monukka
Blaufr[auml]nkish
Brianna
Cabernet Diane
Cabernet Dor[eacute]
Canaiolo
Carignan
Corot noir
Crimson Cabernet
Erbaluce
Favorite
Forastera
Freedom
Frontenac
Frontenac gris
Garnacha
Garnacha blanca
Geneva Red 7
Graciano
Grenache blanc
Grenache noir
Gr[uuml]ner Veltliner
Interlaken
La Crescent
Lagrein
Louise Swenson
Lucie Kuhlmann
Mammolo
Marquette
Monastrell
Montepulciano
Negrara
Negro Amaro
Nero d'Avola
Noiret
Peloursin
Petit Bouschet
Petit Manseng
Piquepoul blanc (Picpoul)
Prairie Star
Reliance
Rondinella
Sabrevois
Sagrantino
St. Pepin
St. Vincent
Sauvignon gris
Valiant
Valvin Muscat
Vergennes

[[Page 66627]]

Vermentino
Wine King
Zinthiana
Zweigelt

    TTB also invited comments on three petitioned-for grape names that 
TTB did not approve by letter--Canaiolo Nero, Moscato Greco, and 
Princess. In addition, TTB requested comments on a petition requesting 
that two grape variety names currently listed in Sec.  4.91 as separate 
varieties--Petite Sirah and Durif--be recognized as synonyms. The 
petitions for these grape names are also summarized in the preamble to 
Notice No. 116.
    TTB also proposed to reformat the Sec.  4.91 grape list to include 
separate entries for synonyms of existing entries so that readers can 
more readily find a particular name. When Notice No. 116 was published, 
the list was structured as an alphabetical list of prime grape names, 
with any synonym appearing only in parenthesis after the prime grape 
name. For example, the name ``Black Malvoisie'' was only listed in 
Sec.  4.91 as a synonym after the prime name, ``Cinsaut.'' A reader 
trying to determine if ``Black Malvoisie'' is an approved grape variety 
name might not see it in an alphabetical list that set forth 
``Cinsaut'' at the beginning of the line where the ``Black Malvoisie'' 
synonym appears.
    TTB also believes the current format suggests that synonyms are in 
some way not as valid as grape names as prime names when, in fact, 
every name in Sec.  4.91, whether a prime name or a synonym, is equally 
acceptable for use as a type designation for an American wine. TTB 
therefore proposed in Notice No. 116 to eliminate the word ``prime'' 
from the heading of Sec.  4.91, as well as from the second sentence of 
the introductory text of that section, and to list each synonym in the 
same way as a prime name. As a result, Sec.  4.91 would simply set 
forth a list of grape names that have been approved as type 
designations for American wines, followed, in parentheses, by any 
approved synonyms for that name.
    Finally, TTB proposed to correct a technical error in Sec.  4.91, 
that is, the misspelling of the grape name ``Agawam'' as ``Agwam.'' In 
addition to correcting this error, TTB proposed to allow the use of the 
misspelling ``Agwam'' for a period of one year after publication of the 
final rule so that anyone holding a COLA with the misspelling has 
sufficient time to obtain new labels.

Comments Received

    TTB received 35 comments in response to Notice No. 116, most of 
them generally supportive of the proposed amendments. Of these, 28 
specifically support the proposal to recognize Petite Sirah and Durif 
as synonyms. Many of the latter are identical letters that cite the DNA 
research, summarized in Notice No. 116, of Dr. Carole Meredith at the 
University of California at Davis (UC Davis) into the identity of the 
Petite Sirah grape variety. They also cite as additional evidence two 
publications that recognize the names ``Petite Sirah'' and ``Durif'' as 
synonyms. One commenter expresses concern about new clones being 
required to be marketed as ``Durif,'' a name he notes has little market 
presence. In response to the last comment, TTB notes that the proposal 
to recognize the names as synonymous will not require that clones be 
marketed as ``Durif''; in fact, the reverse is true: The proposal will 
allow growers and vintners to use the names interchangeably.
    TTB received two comments specifically in favor of the proposal to 
recognize Blaufr[auml]nkisch as a synonym for Lemberger/Limberger, both 
commenters stating that they are growers of the variety.
    TTB received a comment from Cornell University objecting to the 
proposed name for the new listing of the grape variety Geneva Red 7, 
which was bred at Cornell. The commenter, a Cornell plant varieties and 
germplasm licensing associate, states that Cornell does not approve of 
the name ``Geneva Red 7,'' but does approve of the name ``Geneva Red.'' 
TTB notes, however, that the name evidence in the petition for Geneva 
Red 7 included bulletins published by Cornell and a page from UC 
Davis's National Grape Registry. Both of these publications use the 
names ``Geneva Red 7'' and ``GR 7''; neither uses the name ``Geneva 
Red.'' Further, TTB did not propose the name ``GR 7'' because it did 
not believe consumers would recognize that name as a grape variety 
name. Although TTB understands the interest of Cornell in the 
determination of what name should be used for a grape variety developed 
under its auspices, Sec.  4.93 requires some evidence to establish the 
validity of the name. Of course, TTB would be willing to reconsider 
this matter following receipt of a petition under Sec.  4.93 with 
appropriate evidence supporting use of the name ``Geneva Red.''
    One comment objects to including in the list grape varieties that 
are not cultivated widely enough for their names to be meaningful to 
consumers. The commenter states that varieties such as Sauvignon gris, 
Valvin Muscat, and Cabernet Diane are recent, only marginally planted 
hybrid varieties that have been given names which will lead the public 
into believing they are Vitis vinifera varieties. This commenter does, 
however, express approval of the listing of Vitis vinifera variety 
names such as Auxerrois or Gr[uuml]ner Veltliner, grapes that the 
commenter describes as widely accepted internationally.
    TTB does not agree with the suggestion that a grape variety must be 
widely cultivated to merit inclusion in the list of approved grape 
names in Sec.  4.91. Section 4.93 merely provides in this regard that 
the variety must be ``grown and used in the United States'' without 
specifying the extent which such growth and use must exist. With regard 
to hybrid varieties, TTB notes that they have a place in the U.S. wine 
industry, are popular in areas of the country where the climate makes 
the cultivation of Vitis vinifera varieties challenging, and are not 
per se outside the scope of approval under Sec.  4.93. TTB therefore 
sees no reason to exclude from Sec.  4.91 hybrid grape variety names 
that otherwise meet the standard for approval under Sec.  4.93.
    Additionally, TTB does not agree that the names Sauvignon gris, 
Valvin Muscat, and Cabernet Diane are misleading. Sauvignon gris, a 
pink-skinned mutation of the Sauvignon blanc variety is, in fact, a 
Vitis vinifera grape. Moreover, TTB notes that Valvin Muscat was 
developed from a crossing of Muscat Ottonel and Muscat du Moulin, while 
Cabernet Diane was bred from a cross of Cabernet Sauvignon and Norton. 
Because these latter grapes were developed from Vitis vinifera 
varieties and share both part of the name and some of the varietal 
characteristics of those grapes, TTB finds that they are not 
misleading.
    Another commenter opined that some of the proposed names seem 
either ``self-indulgent or outright silly for a wine varietal,'' citing 
the name ``Princess'' as an example. TTB notes that Sec.  4.93 does not 
provide for disapproval of a name because it appears to be self-
indulgent or silly. So long as the name is a valid identifier of the 
grape variety, TTB believes that the decision whether to include it on 
a wine label or in a wine advertisement is a subjective matter that is 
best left to the wine industry.
    Finally, one commenter favored recognizing Primitivo as a synonym 
for Zinfandel. Another commenter objected to the varietal (grape type) 
labeling regulations contained in Sec.  4.23, which allow a varietal 
designation on a label if 75 percent (or 51 percent in the case of wine 
made from Vitis labrusca varieties) of the wine is derived from the

[[Page 66628]]

labeled grape variety; this commenter believes these percentages are 
too low and are misleading to consumers. Because neither of these 
issues was raised in Notice No. 116 for public comment, TTB believes 
that it would be inappropriate to include the suggested changes in this 
final rule document.

TTB Finding

    After careful review of the comments discussed above, TTB has 
determined that it is appropriate to adopt the proposed regulatory 
changes contained in Notice No. 116. In addition, TTB notes that with 
the removal of the word ``prime'' from Sec.  4.91, it would also be 
appropriate to remove the word ``prime'' from Sec.  4.92, the list of 
alternative grape variety names temporarily authorized for use. 
Accordingly, this document removes the word ``prime'' wherever it 
appears in Sec.  4.92.

Regulatory Flexibility Act

    TTB certifies under the provisions of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) that this final rule 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 or in an advertisement, is entirely at the discretion of the 
grower or bottler. This regulation does not impose any new reporting, 
recordkeeping, or other administrative requirements. Accordingly, a 
regulatory flexibility analysis is not required.

Executive Order 12866

    This final rule is not a significant regulatory action as defined 
by Executive Order 12866. Therefore, it requires no regulatory 
assessment.

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.

Amendments to the Regulations

    For the reasons discussed in the preamble, TTB amends 27 CFR 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. Section 4.91 is amended:
0
a. By removing the word ``prime'' from the section heading and from the 
second sentence of the introductory text;
0
b. By adding the word ``variety'' to the second sentence of the 
introductory text after the second use of ``grape''; and
0
c. In the list of grape variety names following the introductory text, 
by removing the entries for ``Agwam'', ``Carignane'', ``Durif'', 
``Grenache'', ``Limberger (Lemberger)'', ``Malvasia bianca'', and 
``Petite Sirah'' and by adding new entries in alphabetical order to 
read as follows:


Sec.  4.91  List of approved names.

* * * * *
Agawam
* * * * *
Auxerrois
* * * * *
Biancolella
* * * * *
Black Malvoisie (Cinsaut)
Black Monukka
Black Muscat (Muscat Hamburg)
* * * * *
Blaufr[auml]nkish (Lemberger, Limberger)
* * * * *
Brianna
* * * * *
Cabernet Diane
Cabernet Dor[eacute]
* * * * *
Canaiolo (Canaiolo Nero)
Canaiolo Nero (Canaiolo)
* * * * *
Carignan (Carignane)
Carignane (Carignan)
* * * * *
Corot noir
* * * * *
Crimson Cabernet
* * * * *
Durif (Petite Sirah)
* * * * *
Erbaluce
Favorite
* * * * *
Forastera
* * * * *
Freedom
* * * * *
French Colombard (Colombard)
Frontenac
Frontenac gris
* * * * *
Fum[eacute] blanc (Sauvignon blanc)
* * * * *
Garnacha (Grenache, Grenache noir)
Garnacha blanca (Grenache blanc)
* * * * *
Geneva Red 7
* * * * *
Graciano
* * * * *
Grenache (Garnacha, Grenache noir)
Grenache blanc (Garnacha blanca)
Grenache noir (Garnacha, Grenache)
* * * * *
Gr[uuml]ner Veltliner
* * * * *
Interlaken
* * * * *
Island Belle (Campbell Early)
* * * * *
La Crescent
* * * * *
Lagrein
* * * * *
Lemberger (Blaufr[auml]nkish, Limberger)
* * * * *
Limberger (Blaufr[auml]nkisch, Lemberger)
Louise Swenson
Lucie Kuhlmann
* * * * *
Malvasia bianca (Moscato greco)
Mammolo
* * * * *
Marquette
* * * * *
Mataro (Monastrell, Mourv[egrave]dre)
* * * * *
Melon (Melon de Bourgogne)
* * * * *
Monastrell (Mataro, Mourv[egrave]dre)
* * * * *
Montepulciano
* * * * *
Moscato greco (Malvasia bianca)
Mourv[egrave]dre (Mataro, Monastrell)
* * * * *
Muscat Canelli (Muscat blanc)
* * * * *
Negrara
* * * * *
Negro Amaro
Nero d'Avola
* * * * *
Noiret
* * * * *
Peloursin
Petit Bouschet
Petit Manseng
* * * * *
Petite Sirah (Durif)
* * * * *
Picpoul (Piquepoul blanc)
* * * * *
Pinot Grigio (Pinot gris)
* * * * *

[[Page 66629]]

Pinot Meunier (Meunier)
* * * * *
Piquepoul blanc (Picpoul)
Prairie Star
* * * * *
Princess
* * * * *
Refosco (Mondeuse)
* * * * *
Reliance
* * * * *
Rkatsiteli (Rkatziteli)
* * * * *
Rondinella
* * * * *
Sabrevois
* * * * *
Sagrantino
* * * * *
St. Pepin
St. Vincent
* * * * *
Sauvignon gris
* * * * *
Seyval blanc (Seyval)
Shiraz (Syrah)
* * * * *
Trebbiano (Ugni blanc)
* * * * *
Valdepe[ntilde]as (Tempranillo)
* * * * *
Valiant
Valvin Muscat
* * * * *
Vergennes
Vermentino
* * * * *
Vignoles (Ravat 51)
* * * * *
White Riesling (Riesling)
Wine King
* * * * *
Zinthiana
Zweigelt


0
3. Section 4.92 is amended by removing the word ``prime'' or ``Prime'' 
wherever it appears, and by adding new paragraph (d) to read as 
follows:


Sec.  4.92  Alternative names permitted for temporary use.

* * * * *
    (d) Wines bottled prior to October 29, 2012.
    Alternative Name/Name
Agwam--Agawam

    Signed: August 22, 2011.
John J. Manfreda,
Administrator.
    Approved: September 6, 2011.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2011-27812 Filed 10-26-11; 8:45 am]
BILLING CODE 4810-31-P