27016 Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Proposed Rules

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, NY 11430.

FOR FURTHER INFORMATION CONTACT:

Mr. Francis T. Jordan, Jr., Airspace

Specialist, Airspace Branch, AEA–520

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, New York 11430;

telephone: (718) 553–4521.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposal rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, economic, environmental,

and energy-related aspects of the

proposal. Communications should

identify the airspace docket number and

be submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 98–

AEA–07.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the closing date

for comments will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be changed in light of comments

received. All comments submitted will

be available for examination in the

Rules Docket both before and after the

closing date for comments. A report

summarizing each substantive public

contact with the FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Office of

the Regional Counsel, AEA–7, F.A.A.

Eastern Region, Federal Building #111,

John F. Kennedy International Airport,

Jamaica, NY 11430. Communications

must identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRMs should also request a copy of

Advisory Circular No. 11–2A, which

describes the application procedure.

The Proposal

The FAA is considering an

amendment to Part 71 of the Federal

Aviation Regulations (14 CFR Part 71) to

amended the Class E airspace area at

Farmville, VA. GPS RWY 21 SIAP has

been developed for the Farmville

Municipal Airport. Additional

controlled airspace extending upward

from 700 feet AGL is needed to

accommodate the SIAP and for IFR

operations at the airport. Class E

airspace designations for airspace areas

extending upward from 700 feet or more

above the surface are published in

Paragraph 6005 of FAA Order 7400.9E,

dated September 10, 1997, and effective

September 16, 1997, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this proposed regulation—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would not have significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR Part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for Part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p.389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9E, dated

September 10, 1997, and effective

September 16, 1997, is proposed to be

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA VA E5 Farmville, VA [Revised]

Farmville Municipal Airport, VA

(lat. 37°21′22′′ N., long. 78°26′19′′ W.)

That airspace extending upward from 700

feet above the surface within a 10-mile radius

of Farmville Municipal Airport

* * * * *

Issued in Jamaica, New York, on May 6,

1998.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 98–12982 Filed 5–14–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. 97N–0524]

RIN 0910–AA43

Food Labeling: Warning and Notice

Statements; Labeling of Juice

Products; Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting a

proposed rule that appeared in the

Federal Register of April 24, 1998 (63

FR 20486). The document would require

warning statements on packaged fruit

and vegetable juice products that have

not been processed to destroy

pathogenic microorganisms that may be

present. The document was published

with some errors. This document

corrects those errors.

DATES: Submit written comments by

May 26, 1998.

FOR FURTHER INFORMATION CONTACT:

Geraldine A. June, Center for Food

Safety and Applied Nutrition (HFS–

158), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–205–5099.

SUPPLEMENTARY INFORMATION: In FR Doc.

98–11026, beginning on page 20486 in

the Federal Register of Friday, April 24,

1998, the following corrections are

made:

1. On page 20489, in the third

column, in the third full paragraph, in

line three, ‘‘that’’ should read ‘‘which’’.

2. On page 20490, in the third

column, in the first paragraph, in line

three, ‘‘that’’ should read ‘‘which’’.
Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Proposed Rules 27017

§ 101.17 [Corrected]

3. On page 20493, in § 101.17(g)(2), in

the first column, in the third line,

‘‘(g)(7)’’ should read ‘‘(g)(6)’’.

Dated: May 7, 1998.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 98–12899 Filed 5–14–98; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 4

[Notice No. 861]

RIN 1512–AB70

Net Contents Statement on Wine

Labels (95R–054P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: Based on a petition it has

received, the Bureau of Alcohol,

Tobacco and Firearms (ATF) is

proposing to amend the regulations to

provide that the net contents statement

for wine in containers of less than 1 liter

may be expressed on the label in

centiliters (cl) as an alternative to

milliliters (ml). ATF believes that the

proposed regulations provide industry

members with greater flexibility in

labeling their wines, while ensuring the

consumer is adequately informed as to

the net contents of the product.

The proposed amendments are part of

the Administration’s efforts to reinvent

government by reducing regulatory

burdens and streamlining requirements.

DATES: Written comments must be

received on or before August 13, 1998.

ADDRESSES: Send written comments to:

Chief, Regulations Division; Bureau of

Alcohol, Tobacco and Firearms; P.O.

Box 50221; Washington, DC 20091–

0221; ATTN: Notice No. .

FOR FURTHER INFORMATION CONTACT:

James P. Ficaretta, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue,

NW., Washington, D.C. 20226 (202–

927–8230).

SUPPLEMENTARY INFORMATION:

Background

Section 105(e) of the Federal Alcohol

Administration Act (FAA Act), 27

U.S.C. 205(e), vests broad authority in

the Director of ATF, as the delegate of

the Secretary of the Treasury, to

prescribe regulations intended to

prevent deception of the consumer and

to provide the consumer with adequate

information as to, among other things,

the net contents of the product.

Regulations which implement the

provisions of section 105(e), as they

relate to wine, are set forth in title 27,

Code of Federal Regulations (CFR), part

4.

Section 4.32(b) provides, in part, that

a statement of net contents must appear

on the label of all containers of wine in

accordance with § 4.37. Section 4.37

provides that the net contents of wine

for which a metric standard of fill is

prescribed must be stated on the label

in the same manner and form as set

forth in the standard of fill. The

authorized metric standards of fill for

American and imported wine, for sale in

interstate commerce within the United

States, are set forth in § 4.73 as follows:

3 liters

1.5 liters

1 liter

750 milliliters

500 milliliters

375 milliliters

187 milliliters

100 milliliters

50 milliliters

As provided in § 4.37(a), the net

contents of wine for which no standard

of fill is prescribed, e.g., sake, must be

stated in liters and in decimal portions

of a liter for quantities larger than one

liter, and in milliliters for quantities of

less than one liter.

Pursuant to § 4.32(b)(2), if the net

contents of the wine is an authorized

standard of fill, e.g., 750 milliliters, the

net contents statement may appear on

any label affixed to the container. If the

net contents is a standard of fill other

than an authorized standard of fill, e.g.,

720 milliliters, the net contents

statement must appear on a label affixed

to the front of the container.

Since the regulations show ‘‘ml’’ as an

abbreviation for milliliter (§ 4.37(a)(2)),

that abbreviation may be used in lieu of

milliliter, where required. ATF’s policy

is that the word liter may be abbreviated

as ‘‘L’’ or ‘‘l’’ (under certain

circumstances), or it may appear in a

shortened form such as ‘‘Lt,’’ provided

such shortened form is not likely to

mislead or confuse the consumer.

Finally, § 4.37 provides that the net

contents need not be stated on the label

if it is legibly blown, etched,

sandblasted, marked by underglaze

coloring, or otherwise permanently

marked by any method approved by the

Director on the side, front, or back of the

container in an unobscured location.

Discussion

Metric standards of fill for wine were

first prescribed in Treasury Decision

(T.D.) ATF–12 (39 FR 45216, December

31, 1974; corrected at 40 FR 1240,

January 7, 1975), and became mandatory

on January 1, 1979. In order to avoid

confusion among consumers, the final

rule required metric net contents to be

expressed in liters and decimal portions

thereof for quantities larger than one

liter (e.g., 1.5 liters) and in milliliters for

quantities of less than one liter (e.g., 750

milliliters). ATF noted in the preamble

of the final rule that statements of net

contents in liters or milliliters would

standardize the manner by which metric

net contents are to be stated while also

reflecting the degree of accuracy

necessary to measure the content of

wine bottles. ATF’s decision to express

the net contents in milliliters for wine

in containers of less than one liter was

based, in part, on testimony presented at

the hearing which preceded T.D. ATF–

12. A representative testifying on behalf

of the American National Metric

Council made the following comments:

For everyday use the Metric Practice

Committee of the American National Metric

Council recommends milliliter—ml—as the

only submultiple of liter. . . . The important

thing is to avoid the confusion of an

excessive variety of submultiples, which may

cause errors in communication. These other

submultiples, which have been used in

various parts of the world, would be a

deciliter—dl, a centiliter—cl. For American

usage, however, we are recommending only

milliliter—ml.

Containers for wine may bear

statements of net contents in addition to

the required metric net contents

statement provided such optional

statements represent an equivalent

volume and are not in any way

misleading to the consumer. For

example, if the label on a wine

container shows the net contents in

accordance with § 4.73 as ‘‘750 ml,’’ an

additional statement such as ‘‘75 cl,’’

‘‘.75 L,’’ ‘‘25.4 fl. oz.,’’ etc., may appear

elsewhere on the container provided its

appearance is not in a manner which is

misleading to the consumer.

Petition

ATF recently received a petition, filed

by Banfi Vintners (Banfi) of Old

Brookville, New York, requesting an

amendment of the regulations

concerning the net contents statement

on labels of wine. Specifically, the

petitioner has asked that the regulations

be amended to provide that the net

contents for wine bottled in a 750

milliliter (750 ml) standard of fill be

expressed in centiliters, as ‘‘75 cl,’’ as an

alternative to ‘‘750 ml.’’ Banfi states that