Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations 78095

payment of certain immigrant visa fees,

published in the Federal Register of

September 8, 2000 (65 FR 54412).

DATES: Effective December 14, 2000, 22

CFR 42.71(b) is stayed until January 1,

2001, and § 42.71(c) is added until

January 1, 2001.

FOR FURTHER INFORMATION CONTACT: H.

Edward Odom, Chief, Legislation and

Regulations Division, Visa Services,

Department of State, Washington, DC

20520–0106, (202) 663–1204, e-mail

odomhe@state.gov, or fax at (202) 663–

3898.

SUPPLEMENTARY INFORMATION: On

September 8, 2000, (65 FR 54412–12)

the Department published a rule which,

among other things, changed the

procedure for and the timing of the

payment of the application processing

fee by immigrant visa applicants at

certain consular posts. At the time the

rule was sent to the Federal Register it

was intended to be effective upon

publication. For technical reasons, it

could not be implemented as intended

on the date published in the Federal

Register.

List of Subjects in 22 CFR Part 42

Aliens, Immigrants, Passports and

visas.

22 CFR Part 42 is amended as follows:

PART 42—VISAS; DOCUMENTATION

OF IMMIGRANTS UNDER THE

IMMIGRATION AND NATIONALITY

ACT, AS AMENDED

1. The authority citation for Part 42

continues to read:

Authority: 8 U.S.C. 1104.

2. In § 42.71 stay paragraph (b) until

January 1, 2001, and add paragraph (c)

until that date to read as follows:

§ 42.71 Authority to issue visas; visa fees.

* * * * *

(c) Immigrant visa fees. Fees are

prescribed by the Secretary of State for

the execution of an application for, and

the issuance of, an immigrant visa. The

application fee shall be collected prior

to the visa interview and execution of

the application. The issuance fee shall

be collected after completion of the visa

interview and prior to issuance of the

visa. A fee receipt shall be issued for

each fee. A fee collected for the

application for or issuance of an

immigrant visa is refundable only if the

principal officer at a post or the officer

in charge of a consular section

determines that the visa was issued in

error or could not be used as a result of

action by the U.S. Government over

which the alien had no control and for

which the alien was not responsible.

Dated: November 28, 2000.

Maura Harty,

Acting Assistant Secretary for Consular

Affairs.

[FR Doc. 00–31741 Filed 12–13–00; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 4

[T.D. ATF–433; Ref. Notice No. 883]

RIN 1512–AC03

Addition of a New Grape Variety Name

for American Wines (99R–142P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Treasury.

ACTION: Treasury decision, final rule.

SUMMARY: The Bureau of Alcohol,

Tobacco and Firearms (ATF) is adding

a new name, ‘‘Dornfelder’’, to the list of

prime grape variety names for use in

designating American wines. Dornfelder

is a red variety, developed in Germany

in 1955, currently grown commercially

in the United States.

EFFECTIVE DATE: Effective February 12,

2001.

FOR FURTHER INFORMATION CONTACT:

Jennifer Berry, Bureau of Alcohol,

Tobacco and Firearms, 111 W. Huron

Street, Room 219, Buffalo, NY 14202–

2301, (716) 551–4048.

SUPPLEMENTARY INFORMATION:

1. Background on Grape Variety Names

Under 27 CFR 4.23(b), a wine bottler

may use a grape variety name as the

designation of a wine if not less than 75

percent of the wine (51 percent in some

circumstances) is derived from that

grape variety. The wine must also be

labeled with an appellation of origin.

Under § 4.23(d), a bottler may use two

or more grape variety names as the

designation of a wine if all varieties are

listed on the brand label and the

percentage of the wine derived from

each grape variety is shown on the label.

Treasury Decision ATF–370 (61 FR

522), January 8, 1996, adopted a list of

grape variety names that ATF has

determined to be appropriate for use in

designating American wines. The list of

prime grape names and their synonyms

appears at § 4.91, while additional

alternative grape names temporarily

authorized for use are listed at § 4.92.

How May New Varieties Be Added to the

List of Prime Grape Names?

Under § 4.93 any interested person

may petition ATF to include additional

grape varieties in the list of prime grape

names. Information with a petition

should provide evidence of the

following:

• Acceptance of the new grape

variety;

• The validity of the name for

identifying the grape variety;

• Information that the variety is used

or will be used in winemaking; and

• Information that the variety is

grown and used in the United States.

For the approval of names of new

grape varieties, 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 about the commercial

potential of the variety such as the

acreage planted or market studies.

Section 4.93 also places certain

restrictions on grape names that will be

approved. A name will not be approved:

• 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; or

• If a name of a new grape variety

contains the term ‘‘Riesling.’’

The Director reserves the authority to

disapprove the name of a grape variety

developed in the United States if the

name contains words of geographical

significance, place names, or foreign

words that are misleading under § 4.39.

2. Dornfelder Rulemaking

Petition

ATF received a petition proposing to

add the name ‘‘Dornfelder’’ to the list of

prime grape variety names approved for

the designation of American wines. Mr.

John Weygandt and Ms. Alice Weygandt

of Stargazers Vineyard in Coatesville,

Pennsylvania, submitted the petition.

According to information submitted

by the petitioners, Dornfelder is a red

variety, developed in Germany in 1955.

It is a crossing of Helfenstein (a crossing

of Fru ̈hburgunder and Trollinger) and

Heroldrebe (a crossing of Portugieser

and Limberger). According to Jancis

Robinson’s Vines, Grapes and Wines

(First American Edition 1986),

Dornfelder is * * * perhaps Germany’s

most promising ‘new’ red crossing.’’ The

name ‘‘Dornfelder’’ is derived from

Imanuel Dornfeld, founding father of the

Wu ̈rttemberg viticultural school during

78096 Federal Register / Vol. 65, No. 241 / Thursday, December 14, 2000 / Rules and Regulations

the mid-19th century. ‘‘Dornfelder’’ was

approved as a varietal name under

German wine regulations in 1980.

In the United States, the breeders

have obtained plant variety protection

through the Plant Variety Protection

Act, 7 U.S.C. Chapter 57, until 2009.

The petitioners planted 600 vines of this

variety in 1997, which will bear a

commercial crop in 2000. In addition,

three other growers in the states of

Virginia, Pennsylvania, and Michigan

have planted this variety. Dornfelder

plants have been offered for sale by

American Nursery, located in California

and Virginia, since 1996.

Notice No. 883

In Notice 883, published March 9,

2000, ATF proposed to add the name

‘‘Dornfelder’’ to the list of approved

prime names in § 4.91. No comments

were received. Because sufficient

evidence was provided to satisfy the

requirements under § 4.93, ATF is

amending § 4.91 to include

‘‘Dornfelder’’ in the list of approved

prime names for grape varieties.

3. Regulatory Analyses and Notices

Does the Paperwork Reduction Act

Apply to This Final Rule?

The provisions of the Paperwork

Reduction Act of 1995, 44 U.S.C.

Chapter 35, and its implementing

regulations, 5 CFR part 1320, do not

apply to this notice because no

requirement to collect information is

proposed.

How Does the Regulatory Flexibility Act

Apply to This Final Rule?

It is hereby certified that this

regulation will not have a significant

economic impact on a substantial

number of small entities. This

regulation will permit the use of the

grape varietal name Dornfelder. No

negative impact on small entities is

expected. No new requirements are

proposed. Accordingly, a regulatory

flexibility analysis is not required.

Is This a Significant Regulatory Action

as Defined by Executive Order 12866?

This is not a significant regulatory

action as defined by Executive Order

12866. Therefore, a regulatory

assessment is not required.

4. Drafting Information

The principal author of this document

is Jennifer Berry, Regulations Division,

Bureau of Alcohol, Tobacco, and

Firearms.

List of Subjects in 27 CFR Part 4

Advertising, Consumer Protection,

Customs duties and inspections,

Imports, Labeling, Packaging and

containers, and Wine.

Authority and Issuance

Accordingly, 27 CFR part 4, Labeling

and Advertising of Wine, is amended as

follows:

Paragraph 1. The authority citation

for part 4 continues to read as follows:

Authority: 27 U.S.C. 205.

Par. 2. Section 4.91 is amended by

adding the name ‘‘Dornfelder,’’ in

alphabetical order, to the list of prime

grape names, to read as follows:

§ 4.91 List of approved prime names.

* * * * *

Dornfelder

* * * * *

Bradley A. Buckles,

Director.

Approved: August 11, 2000.

John P. Simpson,

Deputy Assistant Secretary, (Regulatory,

Tariff and Trade Enforcement).

[FR Doc. 00–31486 Filed 12–13–00; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 9

[T.D. ATF–434; Re: Notice No. 874]

RIN 1512–AA07

Applegate Valley Viticultural Area

[99R–112P]

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Final rule, Treasury decision.

SUMMARY: The Bureau of Alcohol,

Tobacco and Firearms (ATF) is

establishing a viticultural area located

within the State of Oregon, to be known

as ‘‘Applegate Valley.’’ The petition for

this viticultural area was filed by Mr.

Barnard E. Smith, President, The

Academy of Wine of Oregon Inc. ATF

believes that the establishment of

viticultural areas and the subsequent

use of viticultural area names as

appellations of origin in wine labeling

and advertising allows wineries to

designate the specific areas where the

grapes used to make the wine were

grown and enables consumers to better

identify the wines they purchase.

EFFECTIVE DATE: February 12, 2001.

FOR FURTHER INFORMATION CONTACT: Tim

DeVanney, Regulations Division, (202–

927–8210), Bureau of Alcohol, Tobacco

and Firearms, 650 Massachusetts

Avenue, NW., Washington, DC 20226.

SUPPLEMENTARY INFORMATION:

Background

On August 23, 1978, ATF published

Treasury Decision ATF–53 (43 FR

37672, 54624) revising regulations in 27

CFR part 4. These regulations allow the

establishment of definite American

viticultural areas (AVAs). The

regulations also allow the name of an

approved viticultural area to be used as

an appellation of origin in the labeling

and advertising of wine.

On October 2, 1979, ATF published

Treasury Decision ATF–60 (44 FR

56692), which added a new part 9 to 27

CFR, providing for the listing of

approved AVAs. Section 4.25a(e)(1),

title 27, CFR, defines an AVA as a

delimited grape-growing region

distinguishable by geographical

features, the boundaries of which have

been delineated in subpart C of part 9.

Section 4.25a(e)(2) outlines the

procedure for proposing an AVA. Any

interested person may petition ATF to

establish a grape-growing region as a

viticultural area. The petition should

include:

(a) Evidence that the name of the

proposed viticultural area is locally

and/or nationally known as referring to

the area specified in the petition;

(b) Historical or current evidence that

the boundaries of the viticultural area

are as specified in the petition;

(c) Evidence relating to the

geographical features (climate, soil,

elevation, physical features, etc.) which

distinguish the viticultural features of

the proposed area from surrounding

areas;

(d) A description of the specific

boundaries of the viticultural area,

based on features which can be found

on United States Geological Survey

(U.S.G.S.) maps of the largest applicable

scale; and

(e) A copy of the appropriate U.S.G.S.

map(s) with the boundaries prominently

marked.

Petition

ATF has received a petition from Mr.

Barnard E. Smith, President, The

Academy of Wine of Oregon Inc.,

proposing to establish a viticultural area

within the State of Oregon, to be known

as ‘‘Applegate Valley.’’ The viticultural

area is located entirely within the Rogue

Valley AVA. The viticultural area is in

Josephine and Jackson Counties. Mr.

Smith believes that Applegate Valley is

a widely known name for the petitioned

area, that the area is well defined, and