Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 35693 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https:// 

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Operations Support Group, Western 

Service Center, Federal Aviation 

Administration, 2200 South 216th St., 

Des Moines, WA 98198. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, 

dated August 10, 2021, and effective 

September 15, 2021. FAA Order JO 

7400.11F is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order JO 7400.11F lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

Background 

The Alaska aviation industry/users 

have indicated a desire for the FAA to 

transition the Alaskan en route 

navigation structure away from the 

dependency on Non-Directional Beacon 

(NDB) navigational aids. The advances 

in technology have allowed for pilots to 

utilize alternate satellite-based 

navigation methods that are more 

precise for navigating the tough Alaska 

terrain. 

During a recent study conducted by 

the FAA for a one year period, the FAA 

analyzed the utilization of the Colored 

Federal airway R–1 and determined it is 

not being utilized. Pilots prefer to use 

the RNAV T-route, T–230, to navigate 

the same airspace area. The RNAV route 

T–230 has been in place for many years 

and runs parallel to R–1 from the King 

Salmon, AK, VHF Omni-directional 

Range (VOR) to the St Paul Island, AK, 

NDB/Distance Measuring Equipment 

(NDB/DME). The satellite-based T–230 

offers a lower flying altitude and more 

precise navigation than the NDB-based 

airway R–1. A radar study of R–1 usage 

for the past 12 months revealed no 

aircraft flew this airway. Air traffic 

control verified this study. The FAA, 

therefore, concluded that the use of the 

R–1 airway was abandoned. As such, 

this proposal would result in the 

removal of the Colored Federal airway 

R–1, since the air traffic service 

provided by this airway is no longer 

utilized. 

To overcome the loss of the R–1 

airway, alternate routings for non-global 

positioning system (GPS)-equipped 

aircraft are available from the King 

Salmon, AK, VOR to the St Paul Island, 

AK, NDB/DME using VOR Federal 

airway V–321, and the Colored Federal 

airway G–10 via the Cape Newenham 

NDB/DME. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to revoke Colored 

Federal airway R–1, due to the airway 

no longer being utilized by pilots as the 

overlaying RNAVroute, T–230, provides 

better navigation capability with lower 

MEA. 

The proposed airway amendment is 

described below. 

R–1: R–1 currently extends between 

the St Paul Island, AK, NDB/DME and 

the Chinook AK, NDB. The FAA 

proposes to revoke the route in its 

entirety. 

Colored Federal airways are 

published in paragraph 6009(b) of FAA 

Order JO 7400.11F dated August 10, 

2021 and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Colored Federal airway 

listed in this document would be 

removed subsequently from FAA Order 

JO 7400.11. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

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. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (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 will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures, prior to any FAA final 

regulatory action. 

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—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 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 FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6009(a) Colored Federal 

Airways. 

* * * * * 

R–1 [Remove] 

* * * * * 

Issued in Washington, DC, on June 6, 2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–12588 Filed 6–10–22; 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–2022–0005; Notice No. 

211] 

RIN 1513–AC29 

Proposal Regarding Labeling Wines 

Containing Added Distilled Spirits 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
35694 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposes to 

amend its wine labeling and advertising 

regulations to remove an existing 

regulatory prohibition against 

statements which indicate that a wine 

contains distilled spirits. This proposed 

deregulatory action will allow wine 

makers and importers to provide 

additional information to consumers 

about their wines, while still providing 

consumers with adequate and nonmisleading information as to the 

identity and quality of the products they 

purchase. 

DATES: Comments must be received on 

or before August 12, 2022. 

ADDRESSES: You may electronically 

submit comments to TTB on this 

proposal, and view copies of this 

document, its supporting materials, and 

any comments TTB receives on it within 

Docket No. TTB–2022–0005 as posted at 

https://www.regulations.gov. A direct 

link to that docket is available on the 

TTB website at https://www.ttb.gov/ 

wine/notices-of-proposed-rulemaking 

under Notice No. 211. Alternatively, 

you may submit comments via postal 

mail to the Director, Regulations and 

Ruling Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW, Box 12, Washington, DC 20005. 

Please see the Public Participation 

section of this document for further 

information on the comments requested 

regarding this proposal and the 

submission, confidentiality, and public 

disclosure of comments. 

FOR FURTHER INFORMATION CONTACT: 

Morgan Johnson, Alcohol and Tobacco 

Tax and Trade Bureau, Regulations and 

Rulings Division; telephone 202–453– 

1039, ext. 217. 

SUPPLEMENTARY INFORMATION: 

Background 

TTB Authority 

Sections 105(e) and (f) of the Federal 

Alcohol Administration Act (FAA Act), 

27 U.S.C. 205(e) and (f), authorize the 

Secretary of the Treasury to prescribe 

regulations for the labeling and 

advertising 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 in advertisements, and 

ensure that labels and advertisements 

provide the consumer with adequate 

information as to the identity and 

quality of the product. 

TTB administers these FAA Act 

provisions pursuant to section 1111(d) 

of the Homeland Security Act of 2002, 

as codified at 6 U.S.C. 531(d). In 

addition, the Secretary of the Treasury 

has delegated certain administrative and 

enforcement authorities to TTB through 

Treasury Order 120–01. 

Current Regulatory Requirements 

Part 4 of the TTB regulations (27 CFR 

part 4) sets forth standards promulgated 

under the FAA Act to ensure that wine 

labeling and advertising provides 

adequate information to consumers as to 

the identity and quality of the product. 

The TTB regulations at 27 CFR 4.39 set 

forth rules regarding certain wine 

labeling practices that could be 

considered deceptive or misleading, and 

are therefore prohibited. Among these 

practices, TTB regulations prohibit 

labeling wine to indicate that it contains 

distilled spirits, with one exception 

discussed in detail below. Specifically, 

§ 4.39(a)(7) states that wine containers 

and labels may not bear ‘‘any statement, 

design, device, or representation (other 

than a statement of alcohol content in 

conformity with 27 CFR 4.36) which 

tends to create the impression that a 

wine (i) Contains distilled spirits; (ii) Is 

comparable to a distilled spirit; or (iii) 

Has intoxicating qualities.’’ 

Likewise, the TTB regulations at 27 

CFR 4.64 address certain wine 

advertising practices that are prohibited 

as deceptive or misleading, and provide 

a similar prohibition that applies to 

labeling. Specifically, § 4.64(a)(8) 

provides that wine advertisements may 

not contain any statement, design, 

device, or representation which tends to 

create the impression that a wine 

contains distilled spirits, is comparable 

to distilled spirits, or has intoxicating 

qualities. 

These labeling and advertising 

provisions were promulgated in the 

1930s after the repeal of Prohibition, 

likely as a measure to prevent 

winemakers from misrepresenting to 

consumers that their wine contained or 

was comparable to distilled spirits. In 

the one exception to this prohibition, if 

a statement of composition is required 

to appear as the designation of a product 

not defined in part 4, the statement of 

composition may include a reference to 

the type of distilled spirits that has been 

added to the wine. 

At 27 CFR 4.21, the TTB regulations 

set forth categories of wine that help 

identify the composition, character, and 

origin of the wine. These identifiers are 

known as class and type designations. 

For example, ‘‘grape wine’’ is a class of 

wine, and ‘‘Muscadine’’ is a type of 

grape wine. This section also sets forth 

the standards for those classes and 

types, referred to in this document as 

‘‘standards of identity.’’ The consistent 

and accurate designation of wine leads 

to consumer and trade understanding of 

the quality and identity of the wine. The 

standards of identity specifically 

recognize that certain types of distilled 

spirits may be added to certain classes 

of wine, that is, to grape wine, fruit 

wine, agricultural wine, and aperitif 

wine. See § 4.21(a), (e), (f), and (g), 

respectively. However, because of the 

prohibitions in §§ 4.39(a)(7) and 

4.64(a)(8) regarding references to 

distilled spirits, wine bottlers generally 

have not been able to state on the label 

or in advertising that those wines 

contain spirits. 

If a wine does not meet any of the 

defined standards of identity, the wine 

label must bear, instead of a class and 

type designation, a statement of 

composition. See 27 CFR 4.34(a). In 

such cases, the statement of 

composition may include a reference to 

the type of distilled spirits contained in 

the wine. See §§ 4.39(a)(7) and 

4.64(a)(8). In these instances, statements 

of composition serve as the product’s 

class and type designation and must 

adequately reflect the composition and 

character of the product. For instance, a 

raspberry-flavored grape wine that 

contains brandy may be labeled as 

‘‘Grape wine with natural flavor and 

apple brandy.’’ 

Petition From Sweet and Fortified Wine 

Association 

The Sweet and Fortified Wine 

Association, a wine industry trade 

group, submitted a petition to TTB 

requesting that the regulations be 

revised to allow dessert grape wines to 

be labeled with the words ‘‘fortified’’ 

and/or ‘‘grape (wine) spirits added.’’ 

These industry members produce wines 

that are typically standard grape wines 

in the style of port, sherry, madeira, or 

other types of dessert wine which 

contain added brandy or other distilled 

spirits. However, as discussed above, 

§ 4.39(a)(7) prohibits statements on 

standard wines (i.e. wines which meet 

a class and type designation) which 

indicate that the wine contains distilled 

spirits. 

According to the petition, allowing 

label statements that disclose the 

presence of added spirits in a wine will 

provide greater information to 

consumers, while prohibiting producers 

from fully disclosing the presence of 

added spirits could be misleading and is 

not consistent with TTB’s consumer 

protection mission. Additionally, the 

petitioner asserts that producers of 

fortified wines are finding it difficult to 

accurately communicate on the label 

that a wine has been fortified with 

spirits since most semi-generic names 

for fortified wines, such as ‘‘port’’ or 


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1A semi-generic name is a name of geographic 

significance which may also serve as a class and 

type designation. Examples of semi-generic names 

include: Burgundy, Claret, Chablis, Champagne, 

Chianti, Malaga, Marsala, Madeira, Moselle, Port, 

Rhine Wine (syn. Hock), Sauterne, Haut Sauterne, 

Sherry, and Tokay. On March 10, 2006, the 

Agreement between the United States (U.S.) and the 

European Union (EU) on Trade in Wine (‘‘the Wine 

Agreement’’) was signed. As part of the Wine 

Agreement, the U.S. agreed to seek to change the 

legal status of those names to restrict their use 

solely to wines originating in the applicable EU 

Member State, with certain exceptions for 

‘‘grandfathered’’ names. Shortly thereafter, section 

422 of the Tax Relief and Health Care Act of 2006 

(Pub. L. 109–432) amended section 5388 of the 

Internal Revenue Code (26 U.S.C. 5388) to 

implement Article 6 of the Wine Agreement. The 

effect of this change in law is to restrict use of the 

semi-generic terms referenced in the Wine 

Agreement to wines originating in the geographic 

region indicated by the name. Under Article 6.2 of 

the Wine Agreement and 26 U.S.C. 5388, there is 

a ‘‘grandfather’’ provision that allows a person or 

his or her successor in interest using one of the 

names in the United States before March 10, 2006, 

to continue using the name, provided that the name 

is only used on labels for wine bearing the brand 

name, or the brand name and fanciful name, if any, 

for which the applicable Certificate of Label 

Approval (COLA) was issued prior to the date of 

signature of the Wine Agreement. 

‘‘sherry,’’ are now prohibited by law 

from appearing on domestic wine labels 

(unless approved by TTB prior to March 

10, 2006). See 26 U.S.C. 5388(c).1 The 

petitioner believes that this puts 

producers of new fortified wines at a 

competitive disadvantage in the market 

place. 

The petitioner contends that 

§ 4.39(a)(7) is an antiquated and archaic 

regulation that is irrelevant to American 

wine consumers in the 21st century. 

The petitioner argues that concerns from 

the post-Prohibition era that terms such 

as ‘‘fortified’’ imply significant alcohol 

content or could increase the incidence 

of intoxication have little bearing on 

reality. Instead, according to the 

petitioner, most fortified wines have an 

alcohol content of 18 to 19 percent, 

which the petitioner asserts is only 

slightly higher than what many 

unfortified wines achieve as a result of 

natural fermentation and winemaking 

practices. 

According to the petition, it is the 

petitioner’s understanding that TTB 

previously suggested that using the term 

‘‘fortified’’ on a label could be 

problematic because the term ‘‘fortified’’ 

has a meaning for consumers under the 

U.S. Food and Drug Administration 

(FDA) regulations regarding the labeling 

of products with added vitamins, 

minerals, or protein. The petitioner 

asserts that consumers will not be 

confused by the word ‘‘fortified’’ 

because the word has a different 

meaning when applied to wine than it 

does when applied to food. The 

petitioner supports its claim by stating 

that these alternate meanings can be 

found in dictionary definitions of 

‘‘fortified.’’ As one such example, the 

petitioner notes that Merriam–Webster 

defines ‘‘fortified wine’’ as a wine to 

which alcohol, usually in the form of 

grape brandy, has been added during or 

after fermentation. Additionally, the 

petitioner notes that TTB regulations 

use the word ‘‘fortification’’ to mean 

containing added spirits, citing the 

definition of ‘‘added brandy’’ in 27 CFR 

4.10. 

Finally, the petitioner contends that 

TTB’s wine labeling regulations are 

confusing and inconsistent regarding 

the addition of spirits, since the 

standard of identity for grape wine at 

§ 4.21(a)(6) permits the addition of 

alcohol to a dessert grape wine, while 

§ 4.39(a)(7) prohibits the producer from 

referencing the presence of added 

alcohol on the wine’s label, except 

where it appears in a required statement 

of composition. 

Historical Usage of Terms Such as 

‘‘Fortified Wine’’ 

The earliest wine labeling regulations 

issued by the Department of the 

Treasury under the authority of the FAA 

Act included a standard of identity for 

‘‘fortified wine’’ as a class of wine. In 

the 1938 edition of the Code of Federal 

Regulations, the wine labeling 

regulations in 27 CFR part 4 listed 

‘‘fortified wine’’ as class six in § 4.21, 

the regulation which contains the 

standards of identity for wine. 

Paragraph (f) of § 4.21 defined ‘‘fortified 

wine,’’ in part, as a ‘‘product made with 

the addition of such brandy or alcohol 

as is permitted under internal-revenue 

laws.’’ 

However, on August 26, 1938, the 

Department of the Treasury issued 

Regulations No. 4, Amendment No. 2, 

which, among other revisions, removed 

the fortified wine class from part 4 (3 FR 

2093). That same rulemaking also added 

in § 4.39(a)(7) and § 4.64(a)(8), which 

contain prohibitions on statements 

related to added alcohol that are very 

similar to today’s § 4.39(a)(7) and 

§ 4.64(a)(8). Statements were prohibited 

if they created ‘‘the impression that the 

wine has been ‘fortified’ or contains 

distilled spirits, or has intoxicating 

qualities,’’ except that a statement of 

composition, if required to appear as the 

designation of a product not defined in 

the regulations, could include a 

reference to the type of distilled spirits 

added to the wine. 

These regulatory changes were not 

accompanied by an explanation. 

However, TTB has reviewed comments 

from wine industry members made 

during the rulemaking process regarding 

the word ‘‘fortified.’’ For example, prior 

to the issuance of the finalized 

regulations, a trade association 

representative expressed concerns in a 

July 28, 1938 memo that the word 

‘‘fortified’’ had an ‘‘inference that the 

product contains a special alcoholic 

‘kick,’ ’’ and was therefore a selling 

point for certain consumers. 

More recently, the word ‘‘fortified’’ 

has assumed another regulatory 

meaning when applied to foods and 

beverages. TTB has in the past advised 

that it viewed the idea of using 

‘‘fortified’’ to describe certain grape 

wines as problematic, given that FDA 

regulations at 21 CFR 104.20(h)(3) 

define the word ‘‘fortified’’ to describe 

foods with added vitamins, minerals, or 

protein. Given the current use of the 

word ‘‘fortified’’ as established under 

FDA regulations, TTB previously took 

the position that authorizing the use of 

the term ‘‘fortified’’ in a way 

inconsistent with the FDA regulations 

could create consumer confusion. 

TTB Analysis 

After further consideration, TTB 

agrees with the petitioner that allowing 

a wine producer to disclose the 

presence of added spirits in a wine has 

the potential to provide more 

information to consumers, and provides 

producers with greater flexibility to 

better communicate the nature of their 

products to consumers. TTB also agrees 

that the wine industry has changed 

significantly since the 1930s. However, 

TTB is still charged by the FAA Act 

with ensuring that wine is labeled in 

such a way that consumers are not 

misled about the identity or quality of 

the product. For example, consumers 

should be able to readily determine that 

a product is wine and not a distilled 

spirit, and that a wine contains added 

distilled spirits, not vitamins. 

With these concerns in mind, TTB is 

proposing for public comment an 

amendment to its regulations to allow 

for a specific type of reference to a wine 

with added distilled spirits. We believe 

that such references will not be 

misunderstood by or be misleading to 

consumers, and will allow for truthful 

information related to the identity of the 

product to be conveyed. Specifically, 

TTB is proposing to amend § 4.39(a)(7) 

and § 4.64(a)(8) to provide that even for 

wines that meet a standard of identity, 

if a wine contains added distilled 

spirits, a statement of composition may 

be used which indicates that distilled 

spirits have been added. 

As discussed earlier, a statement of 

composition serves as the product’s 

class and type designation when a 

product does not meet one of the 


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35696 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 

standards of identity in § 4.21, that is, it 

is a wine specialty product. The 

statement of composition must 

adequately reflect the composition and 

character of the product. Under the 

current regulation, the statement of 

composition for a wine specialty 

product may reference any distilled 

spirits that have been added to the 

product. Under the proposed regulation, 

wines that do meet a standard of 

identity could also be labeled with 

truthful references to added distilled 

spirits. Thus, for example, a product 

that meets the standard of identity for 

grape dessert wine in § 4.21(a) may be 

labeled with a statement of composition 

such as ‘‘Grape wine with added 

brandy.’’ The proposed regulations 

would apply to any wine that contains 

added distilled spirits, and not just to 

dessert grape wines as proposed by the 

petitioner. 

Additionally, the proposed 

regulations would allow the use of the 

word ‘‘fortified’’ as part of such a 

statement of composition—for example, 

‘‘Grape wine fortified with brandy.’’ 

TTB is therefore including an example 

of this use of ‘‘fortified’’ in the proposed 

regulatory text. TTB believes that when 

the word ‘‘fortified’’ is used in this 

context there will be no 

misunderstanding that the statement 

indicates that the wine contains added 

vitamins, minerals, or protein. We 

welcome comments specifically 

regarding this proposal. 

Further, TTB is proposing to revise 

§§ 4.39(a)(7)(i) and 4.64(a)(8)(i), which 

prohibit any statement, design, device, 

or representation which tends to create 

the impression that a wine contains 

distilled spirits. Under the proposal, the 

revision would specifically prohibit 

only those statements that would be 

false or misleading, such as, for 

example, a representation that created 

the impression that the wine contained 

distilled spirits when it did not. TTB 

also is proposing additional language 

that would state that when a wine does 

contain added distilled spirits, the wine 

may be labeled with a statement of 

composition referencing the type of 

distilled spirit that has been added. In 

general, under this proposal, a distilled 

spirits reference would be permissible 

on a wine label or in an advertisement 

for a wine, provided that the reference 

is neither false nor misleading. 

Similarly, under this proposal, a 

distilled spirits reference that appeared 

as part of a truthful and accurate 

statement of composition would not be 

considered misleading, as it would 

provide a context that more clearly 

communicates to the consumer that the 

added distilled spirit is merely an 

ingredient in the wine, and that the 

product is not a distilled spirits product. 

However, we invite comments on this 

issue. 

Public Participation 

Comments Sought 

TTB requests comments from 

interested members of the public. TTB 

is particularly interested in comments 

regarding whether the proposed 

amendments will result in statements 

on wine labels that could be misleading 

to consumers about the product. We are 

also interested in comments about 

whether a statement of composition 

which indicates that a wine is 

‘‘fortified’’ with spirits could create the 

impression that the wine contains 

added vitamins, minerals, or protein. 

Please provide specific information in 

support of your comments. 

Prior to the publication of this 

rulemaking, TTB published Notice No. 

176 in the Federal Register on 

November 26, 2018 (83 FR 60562), 

which proposed to reorganize and 

recodify 27 CFR part 4 in order to 

simplify and clarify regulatory 

standards, and to incorporate guidance 

documents and current policy into the 

regulations. In Notice No. 176, TTB 

proposed to continue its current policy 

of allowing a reference to added 

distilled spirits only on the labels of 

wine that require a statement of 

composition while prohibiting such 

references on wines that do not require 

a statement of composition. Notice No. 

176 also did not specifically propose to 

allow the use of the term ‘‘fortified’’ as 

a part a statement of composition as this 

notice of proposed rulemaking does. 

TTB is taking this separate 

rulemaking action to address only the 

specific circumstances described in this 

document. As the comment period for 

Notice No. 176 has closed, TTB will 

consider any relevant comments it 

received in response to Notice No. 176 

along with any comments made in 

response to this specific rulemaking in 

determining what action to take on this 

proposal. 

Submitting Comments 

You may submit comments on this 

proposal as an individual or on behalf 

of a business or other organization via 

the Regulations.gov website or via 

postal mail, as described in the 

ADDRESSES section of this document. 

Your comment must reference Notice 

No. 211 and must be submitted or 

postmarked by the closing date shown 

in the DATES section of this document. 

You may upload or include attachments 

with your comment. You also may 

submit a comment requesting a public 

hearing on this proposal. The TTB 

Administrator reserves the right to 

determine whether to hold a public 

hearing. If TTB schedules a public 

hearing, it will publish a notice of the 

date, time, and place for the hearing in 

the Federal Register. 

Confidentiality and Disclosure of 

Comments 

All submitted comments and 

attachments are part of the rulemaking 

record and are subject to public 

disclosure. Do not enclose any material 

in your comments that you consider 

confidential or that is inappropriate for 

disclosure. 

TTB will post, and you may view, 

copies of this document, its supporting 

materials, and any comments TTB 

receives about this proposal within the 

related Regulations.gov docket. In 

general, TTB will post comments as 

submitted, and it will not redact any 

identifying or contact information from 

the body of a comment or attachment. 

Please contact TTB’s Regulations and 

Rulings division by email using the web 

form available at https://www.ttb.gov/ 

contact-rrd, or by telephone at 202–453– 

2265, if you have any questions 

regarding comments on this proposal or 

to request copies of this document, its 

supporting materials, or the comments 

received in response. 

Regulatory Flexibility Act 

TTB certifies that this proposed 

regulation, if adopted, will not have a 

significant economic impact on a 

substantial number of small entities. 

TTB is proposing to amend its wine 

labeling and advertising regulations to 

remove an existing regulatory 

prohibition against statements which 

indicate that a wine contains distilled 

spirits. This proposed deregulatory 

action will allow wine makers and 

importers to provide additional 

information to consumers about their 

wines, while still providing consumers 

with adequate and non-misleading 

information as to the identity and 

quality of the products they purchase. 

The proposed amendments merely 

provide optional, additional flexibility 

in wine labeling and advertising 

decisions. Accordingly, a regulatory 

flexibility analysis is not required. 

Executive Order 12866 

It has been determined that this 

proposed rule is not a significant 

regulatory action as defined by 

Executive Order 12866 of September 30, 

1993. Therefore, no regulatory 

assessment is required. 


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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. 

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB proposes to amend 27 

CFR, chapter I, part 4 as set forth below: 

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. 

■ 2. Section 4.39 is amended by: 

■ a. Revising paragraphs (a)(7) 

introductory text and (a)(7)(i); and 

■ b. Removing the undesignated 

paragraph located after paragraph 

(a)(7)(iii). 

The revisions reads as follows: 

§ 4.39 Prohibited practices. 

(a) * * * 

(7) Any statement, design, device, or 

representation (other than a statement of 

alcohol content in conformity with 

§ 4.36), which tends to create a 

misleading or inaccurate impression 

that a wine: 

(i) Contains distilled spirits. (A wine 

that contains added distilled spirits may 

be labeled with an accurate statement of 

composition which references the type 

of distilled spirits that have been added, 

for example, ‘‘grape wine fortified with 

apple brandy,’’ or ‘‘apple wine with 

apple neutral spirits,’’ and not be 

considered misleading.); 

(ii) * * * 

(iii) * * * 

* * * * * 

■ 3. Section 4.64 is amended by revising 

paragraph (a)(8), including the 

undesignated concluding paragraph, to 

read as follows: 

§ 4.64 Prohibited practices. 

(a) * * * 

(8) Any statement, design, device, or 

representation which relates to alcohol 

content or which tends to create a 

misleading or inaccurate impression 

that a wine: 

(i) Contains distilled spirits. (A wine 

that contains added distilled spirits may 

be labeled with an accurate statement of 

composition which references the type 

of distilled spirits that have been added, 

for example, ‘‘grape wine fortified with 

apple brandy,’’ or ‘‘apple wine with 

apple neutral spirits,’’ and not be 

considered misleading.); 

* * * * * 

■ 3. Section 4.64 is amended by revising 

paragraph (a)(8) to read as follows: 

§ 4.64 Prohibited practices. 

(a) * * * 

(8)(i) Any statement, design, device, 

or representation which relates to 

alcohol content or which tends to create 

a misleading or inaccurate impression 

that a wine: 

(A) Contains distilled spirits. (A wine 

that contains added distilled spirits may 

be designated with an accurate 

statement of composition which 

references the type of distilled spirits 

that have been added, for example, 

‘‘grape wine fortified with apple 

brandy,’’ or ‘‘apple wine with apple 

neutral spirits,’’ and not be considered 

misleading.); (B) Is comparable to a 

distilled spirit; 

(C)) Has intoxicating qualities. 

(ii) An approved wine label, which 

bears the statement of alcohol content, 

may be depicted in any advertising 

media, or an actual wine bottle showing 

the approved label bearing the statement 

of alcohol content may be displayed in 

any advertising media. 

* * * * * 

Signed: May 27, 2022. 

Mary G. Ryan, 

Administrator. 

Approved: May 27, 2022. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2022–11901 Filed 6–10–22; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0289] 

RIN 1625–AA00 

Safety Zones in Reentry Sites; 

Jacksonville, Daytona, Cape 

Canaveral, Tampa, and Tallahassee, 

Florida 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

implement a special activities provision 

of the William M. (Mac) Thornberry 

National Defense Authorization Act for 

Fiscal Year 2021. The Coast Guard is 

proposing to establish five temporary 

safety zones for the safe splashdown 

and recovery of reentry vehicles 

launched by Space Exploration 

Technologies Corporation (SpaceX) in 

support of National Aeronautics and 

Space Administration (NASA) missions 

for the remainder of 2022. The proposed 

temporary safety zones are located 

within the Coast Guard District Seven 

area of responsibility (AOR) offshore of 

Jacksonville, Daytona, Cape Canaveral, 

Tampa, and Tallahassee, Florida. This 

proposed rule would prohibit U.S.- 

flagged vessels from entering any of the 

temporary safety zones unless 

authorized by the District Commander 

of the Seventh Coast Guard District or 

a designated representative. Foreignflagged vessels would be encouraged to 

remain outside the safety zones. This 

action is necessary to protect vessels 

and waterway users from the potential 

hazards created by reentry vehicle 

splashdowns and recovery operations in 

the U.S. Exclusive Economic Zone 

(EEZ). It is also necessary to provide for 

the safe recovery of reentry vehicles, 

and any personnel involved in reentry 

services, after the splashdown. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 13, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0289 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Junior Grade Stephanie Miranda, 

District 7 Waterways Division (dpw), 

U.S. Coast Guard; telephone (305) 415– 

6748, email Stephanie.L.Miranda@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

BNM Broadcast Notice to Mariners 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

EEZ Exclusive Economic Zone 

FAA Federal Aviation Administration 

FL Florida 

FR Federal Register 

MSIB Marine Safety Information Bulletin 


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