47165 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules 
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 
DEPARTMENT OF THE TREASURY 
Alcohol and Tobacco Tax and Trade 
Bureau 
27 CFR Parts 4 and 24 
[Docket No. TTB–2016–0005; Notice No. 
160B; Re: Notice Nos. 160 and 160A] 
RIN 1513–AC27 
Proposed Revisions to Wine Labeling 
and Recordkeeping Requirements; Comment Period Reopening 
AGENCY : Alcohol and Tobacco Tax and 
Trade Bureau, Treasury. 
ACTION : Notice of proposed rulemaking; 
reopening of comment period. 
SUMMARY : The Alcohol and Tobacco Tax 
and Trade Bureau (TTB) is reopening for an additional 90 days the comment period for Notice No. 160, Proposed Revisions to Wine Labeling and Recordkeeping Requirements, a notice of proposed rulemaking published in the Federal Register on June 22, 2016. 
In Notice No. 160, TTB proposed to amend its labeling and recordkeeping regulations in 27 CFR part 24 to provide that any standard grape wine containing 7 percent or more alcohol by volume that is covered by a certificate of exemption from label approval may be labeled with a varietal (grape type) designation, a type designation of varietal significance, a vintage date, or an appellation of origin only if the wine is labeled in compliance with the standards set forth in the appropriate sections of 27 CFR part 4 for that label information. TTB also proposed to amend its part 4 wine labeling regulations to include a reference to the new part 24 requirement. TTB is reopening the comment period a second time in response to requests from a number of commenters. In addition, 
VerDate Sep<11>2014 16:36 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1asabaliauskas on DSKBBXCHB2PROD with PROPOSALS47166 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules 
TTB is also soliciting comments on 
alternative proposals put forth by commenters during the previous public comment periods for Notice No. 160. 
DATES : The comment period for the 
proposed rule published on June 22, 2016 (81 FR 40584) is reopened for 90 days. Written comments on Notice No. 160 are now due on or before January 9, 2018. 
ADDRESSES : Please send your comments 
on Notice No. 160 to one of the following addresses: 
•Internet: https://
www.regulations.gov (via the online 
comment form for this document, Notice No. 160B, as posted within Docket No. TTB–2016–0005 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. 160 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 Nos. 160 and 160A, and any comments made to TTB about the described proposals at https://www.regulations.gov within Docket No. 
TTB–2016–0005. A link to that docket is posted on the TTB Web site at https:// 
www.ttb.gov/wine/wine- 
rulemaking.shtml under Notice No. 160. 
You also may view copies of this document, Notice Nos. 160 and 160A, 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. 160, the Alcohol and Tobacco Tax and Trade Bureau (TTB) proposed to amend its labeling and recordkeeping regulations in 27 CFR part 24 to provide that any standard grape wine containing 7 percent or more alcohol by volume that is covered by a certificate of exemption from label approval may be labeled with a varietal (grape type) designation, a type designation of varietal significance, a vintage date, or an appellation of origin only if the wine is labeled in compliance with the 
standards set forth in the appropriate sections of 27 CFR part 4 for that label information. TTB also proposed to amend its part 4 wine labeling regulations to include a reference to the new part 24 requirement. The 60-day comment period for Notice No. 160 originally closed on August 22, 2016. 
On September 8, 2016, TTB published 
Notice No. 160A to reopen the comment period for an additional 90 days. This action was taken in response to requests received from two wine industry trade associations, Wine Institute and the California Association of Winegrape Growers, who stated that their membership was preoccupied with the grape harvest and thus needed additional time to assess the proposal contained in Notice No. 160 (see comments 7 and 41). Based on comments received up to that point, TTB also requested comments regarding whether any geographic reference to the source of the grapes used in the wine could be included on a wine label in a way that would not be misleading with regard to the source of the wine. The reopened comment period closed December 7, 2016. 
A number of commenters responded 
to TTB’s request in Notice No. 160A for comments on whether any geographic references to the source of the grapes 
used in a wine could be included on the label in a way that would not be misleading. Some of the proposals received suggest that geographic references could be included in such a way. Suggestions included proposals that TTB allow the following type of statements on wine labels: 
•ll% of grapes grown in llll 
[location], Produced and Bottled in llll [location]. 
•‘‘Grapes sourced in California.’’ 
•The use of American viticultural 
area (AVA) names modified by ‘‘grapes’’ (i.e., ‘‘Napa Valley Grapes).’’ 
The most detailed proposal was 
submitted in a joint comment by Napa Valley Vintners and Wine Institute, posted as Comment 108 within Docket No. TTB–2016–0005 at www.regulations.gov. The two trade 
associations supported the adoption of the proposals made in Notice No. 160, but stated that ‘‘to the extent TTB is inclined to adopt regulations that would allow a COLA-exempt wine to also include grape source information,’’ they believe their proposal ‘‘protects the integrity of the appellation labeling system while also providing consumers with meaningful, truthful, and non- misleading information to identify grape source.’’ The comment also noted that California law would prohibit certain wines labeled with grape source 
information from being sold in that State, but that Napa Valley Vintners and Sonoma County Vintners would sponsor and advocate for an amendment to California law in the event that TTB amended its regulations as proposed in the comment. 
Their proposal has four main 
components: 
•TTB should adopt Notice No. 160 in 
its entirety so that all wines identified with an AVA name or appellation of origin are subject to the same Federal standards. 
•Grape source information (which 
they state is distinct from appellations) could be allowed on the label as optional information if it includes all of the following: (1) The name of the county or counties and State or States, or just the State(s), where all of the grapes are grown. County names must be identified with the word ‘‘county’’ in the same type size and in letters as conspicuous as the name of the county; (2) The percentage of wine derived from grapes grown in each county or State 
shown on the label, with a tolerance of +\¥ 2 percent; and (3) The city and 
State, or just the State, where the wine was fully finished. 
•Grape source information should 
not contain any reference to an AVA name or a name of viticultural significance or a confusingly similar name, other than a county or a State. In their example, a label could disclose the grape source as ‘‘Napa County, California,’’ but it could not include a claim that the grapes are from ‘‘Napa Valley,’’ which is an AVA name. 
•Wines labeled with grape source 
information must be labeled with the ‘‘United States’’ country appellation of origin pursuant to 27 CFR 4.25(a)(1)(i). Use of this country appellation gives wineries the ability to include a vintage date and variety designation on their labels while at the same time signaling to consumers that the wine does not meet the Federal requirements for State, county, or AVA appellation of origin designations. 
While the comment specifically 
addressed wines covered by certificates of exemption from label approval, it is unclear to TTB if this alternative proposal would also apply to wines subject to the labeling requirements of the Federal Alcohol Administration Act and labeled under a certificate of label approval. 
In addition to the proposals discussed 
above, TTB received seven comments requesting an additional extension of the comment period for Notice No. 160. Six of these request an additional 90 days to comment, while the seventh 
VerDate Sep<11>2014 16:36 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1asabaliauskas on DSKBBXCHB2PROD with PROPOSALS47167 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules 
requests an extension of an unspecified 
amount of time. Some of these comments state that additional time is needed given the complexity of the issues, while others state that an extension of the comment period will allow time for wine industry members to reach a consensus on the proposal. 
Determination To Reopen the Public 
Comment Period 
In response to the requests to extend 
the comment period, TTB is reopening 
the comment period for Notice No. 160 for an additional 90 days. We believe that 90 days will provide industry members and the public with the additional time necessary to fully consider both the original proposal put forth in Notice No. 160 and the alternative proposals discussed above. Therefore, comments on Notice No. 160 are now due to TTB on or before January 9, 2018. 
In addition to comments on the 
alternative proposals discussed above, 
TTB is interested in comments that address whether the alternative proposals should apply only to wines labeled under certificates of exemption for label approval, or if they should also apply to wines labeled under certificates of label approval, in which case corresponding amendments to the labeling regulations in part 4 would be necessary. TTB is also interested in comments regarding whether these proposals should apply to non-grape wines. Please provide specific information in support of your comments. 
Submission of New Comments 
Comments on the original proposal 
put forth in Notice No. 160 and the 
alternative proposals discussed above may be submitted electronically via the online comment form for this document, Notice No. 160B, as posted within Docket No. TTB–2016–0005 at ‘‘Regulations.gov,’’ the Federal e- rulemaking portal. Comments may also be submitted via U.S. mail or hand delivery as described above in the 
ADDRESSES section of this document. 
Drafting Information 
Jennifer Berry of the Regulations and 
Rulings Division drafted this document. 
Signed: September 28, 2017. 
John J. Manfreda, 
Administrator. 
[FR Doc. 2017–21817 Filed 10–10–17; 8:45 am] 
BILLING CODE 4810–31–P DEPARTMENT OF THE TREASURY 
Alcohol and Tobacco Tax and Trade 
Bureau 
27 CFR Part 24 
[Docket No. TTB–2016–0010; Notice No. 
164A; Re: Notice No. 164] 
RIN 1513–AB61 
Wine Treating Materials and Related 
Regulations; Comment Period Reopening 
AGENCY : Alcohol and Tobacco Tax and 
Trade Bureau, Treasury. 
ACTION : Notice of proposed rulemaking; 
reopening of comment period. 
SUMMARY : The Alcohol and Tobacco Tax 
and Trade Bureau (TTB) is reopening for an additional 90 days the comment period for Notice No. 164, Wine Treating Materials and Related Regulations, a notice of proposed rulemaking published in the Federal Register on November 22, 2016. TTB is 
taking this action in response to requests from wine industry members and trade associations. 
DATES : The comment period for the 
proposed rule published on November 22, 2016 (81 FR 83752) is reopened for 90 days. Written comments on Notice No. 164 are now due on or before January 9, 2018. 
ADDRESSES : Please send your comments 
on Notice No. 164 to one of the following addresses: 
•Internet: https://
www.regulations.gov (via the online 
comment form for Notice No. 164 as posted within Docket No. TTB–2016– 0010 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. 164 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. 164, and any comments made to TTB about the described proposals at https://www.regulations.gov within Docket No. 
TTB–2016–0010. A link to that docket is posted on the TTB Web site at https:// 
www.ttb.gov/wine/wine- 
rulemaking.shtml under Notice No. 164. 
You also may view copies of this document, Notice No. 164, 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 : Kara 
Fontaine, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; phone (202) 453–1039, ext. 103. 
SUPPLEMENTARY INFORMATION : In Notice 
No. 164, a notice of proposed rulemaking published in the Federal Register on November 22, 2016 (81 FR 
83752), the Alcohol and Tobacco Tax and Trade Bureau (TTB) requested public comment on amendments to its regulations pertaining to the production of wine and in particular in regard to the permissible treatments that may be applied to wine and to juice from which wine is made. TTB issued the proposed amendments in response to requests from wine industry members to authorize certain wine treating materials and processes not currently authorized by TTB regulations. In Notice No. 164, TTB invited comments on the proposed regulatory changes and the wine treatments and materials issues addressed in that document. The 60-day comment period for Notice No. 164 originally closed on January 23, 2017. 
On December 27, 2016, TTB received 
a letter from the Wine Institute, a large wine industry trade association based in San Francisco, California, requesting a six-month extension of the comment period on the wine treating materials and other regulatory amendments proposed in Notice No. 164. In its letter, the Wine Institute stated that its members required additional time to consider the ‘‘complex, highly technical proposal’’ contained in Notice No. 164, as well as the document’s request for input on other regulatory issues. The Wine Institute also noted that TTB’s proposal was published during the busy holiday season, and that it required additional time to reach out to its members and other wine industry trade associations to discuss how best to respond to Notice No. 164. The Wine Institute letter is posted as Comment 3 to Notice No. 164 within Docket No. TTB–2016–0010 on the Regulations.gov Web site at https://www.regulations.gov. In addition, TTB received one comment supporting the Wine Institute’s request for an extension of the comment period (see Comment 4). 
On January 9, 2017, TTB received a 
letter from Laffort USA, a producer of wine treating materials, which also 
VerDate Sep<11>2014 16:36 Oct 10, 2017 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\11OCP1.SGM 11OCP1asabaliauskas on DSKBBXCHB2PROD with PROPOSALS