522 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Par. 5. In § 602.101, paragraph (c) is

amended by adding entries in numerical

order to the table to read as follows:

§ 602.101 OMB Control numbers.

* * * * *

(c) * * *

CFR part or section where

identified and described

Current OMB

control number

* * * * *

1.1221–2(d)(2)(iv) ................. 1545–1480

1.1221–2(e)(5) ...................... 1545–1480

1.1221–2(g)(5)(ii) .................. 1545–1480

1.1221–2(g)(6)(ii) .................. 1545–1480

1.1221–2(g)(6)(iii) ................. 1545–1480

* * * * *

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved: December 20, 1995.

Cynthia G. Beerbower,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 96–178 Filed 1–5–96; 8:45 am]

BILLING CODE 4830–01–U

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 4

[T.D. ATF–370; Ref. Notice Nos. 749, 581]

RIN 1512–AA67

Grape Variety Names for American

Wines

AGENCY: Bureau of Alcohol, Tobacco

and Firearms, Department of the

Treasury.

ACTION: Final rule; Treasury decision.

SUMMARY: The Bureau of Alcohol,

Tobacco and Firearms (ATF) is issuing

a final rule containing a list of approved

prime grape variety names which may

be used as the designation for American

wines. This rule contains two other lists

of alternative names which may be used

as grape wine designations until January

1, 1997, or January 1, 1999. This rule

also contains a procedure by which

interested persons may petition the

Director for the addition of names to the

list of prime grape names.

ATF believes the listing of approved

names of grape varieties for American

wines will help standardize wine label

terminology and prevent consumer

confusion by reducing the large number

of synonyms for grape varieties

currently used for labeling American

wines.

DATES: This final rule is effective

February 7, 1996. Alternative names

listed at § 4.92(a) may be used as

designations for American wines bottled

prior to January 1, 1997. Alternative

names listed at § 4.92(b) may be used as

designations for American wines bottled

prior to January 1, 1999.

FOR FURTHER INFORMATION CONTACT:

Charles N. Bacon, Wine, Beer, and

Spirits Regulations Branch, Bureau of

Alcohol, Tobacco and Forearms, 650

Massachusetts Avenue, NW,

Washington, DC 20226; Telephone (202)

927–8230.

SUPPLEMENTARY INFORMATION:

Background

The Federal Alcohol Administration Act

Section 105(e) of the Federal Alcohol

Administration Act (FAA Act), 27

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

the Director, as a 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 the identity and

quality 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, Part 4 (27 CFR part 4).

Wine Varietal Labeling

Under § 4.34(a), still grape wine may

be designated by labeling the wine with

the predominant grape(s) from which

the wine is produced. Since 1983,

labeling rules at § 4.23a have provided

for the use of a grape variety name as

the type designation of the wine if not

less than 75 percent of the wine is

derived from the labeled grape variety

(less in the case of wine made from

certain Vitis labrusca grapes), and if the

wine is labeled with an appellation of

origin. Wine may also be labeled with

the names of two or more grape varieties

if all of the grapes used to make the

wine are of the labeled varieties, and the

percentage of wine derived from each

variety is shown on the label.

In recent years, ATF has noted a trend

among domestic and foreign wineries to

label wines using a grape variety

designation. Increasing use of hundreds

of grape variety names and synonyms

prompted ATF to examine the

correctness of using these names in

order to insure that grape variety names

used are truthful, accurate, and not

misleading.

Winegrape Varietal Names Advisory

Committee

In 1982, ATF established the

Winegrape Varietal names Advisory

Committee (‘‘Committee’’) to conduct an

examination of the hundreds of grape

variety names and synonyms in use [47

FR 13623, March 31, 1982]. According

to its charter, the Committee was to

advise the Director of the grape varieties

and subvarieties which are used in the

production of wine, to recommend

appropriate label designations for these

varieties, and to recommend guidelines

for approval of names suggested for new

grape varieties. Their recommendations

were restricted to grape names used in

the production of American wines. The

Committee’s final report, presented to

the Director in September 1984,

contained their findings regarding use of

the most appropriate names for

domestic winegrapes varieties. ATF

announced that the Committee’s report

was available to the public in Notice No.

548 [49 FR 44049], published on

November 1, 1984.

Notice No. 581

On the basis of the recommendations

contained in the Committee’s final

report, ATF issued Notice No. 581 on

February 4, 1986 [51 FR 4392]. This

notice proposed the addition of Subpart

J, American Grape Variety Names, to

Part 4. Within this subpart, § 4.91

contained the list of prime grape names

which the Committee had found to be

the most appropriate names for grape

varieties. Sections 4.92 and 4.93

contained alternative names which

could be used in conjunction with the

prime name (§ 4.92), or for five years, in

lieu of the prime name (§ 4.93). Section

4.94 contained guidelines for adding

new grape variety names to the list of

prime names.

In addition to the recommendations

included in the Committee report,

Notice No. 581 contained other

proposals. One was to prohibit the

modification of grape variety names

with color or style descriptive terms or

with proprietary names. This notice also

proposed to make obsolete certain IRS

and ATF rulings relating to grape wine

designations. The comment period for

Notice No. 581 was extended until July

7, 1986, by the publication of Notice No.

589, April 8, 1986 [51 FR 11944].

Written Comments

ATF received 156 comments from 146

different respondents prior to the end of

the comment period on July 7, 1986.

Comments were received from: 76

consumers; the American Wine Society;

38 American wineries; the Wine

Institute; the Association of American

Vintners; the Washington Wine

Institute; six grape growers; the

California Farm Bureau Federation; the

California Association of Winegrape

Growers; the North Carolina Grape

Growers Association; the Oregon

Winegrowers Association; two United
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 523

States Congressmen; the Embassy of

France; the Embassy of the Federal

Republic of Germany; four foreign wine

producing or exporting companies or

associations; the publication Wine East;

a wine writer; four persons involved in

academic research or classification of

wine; and four members of the

Winegrape Varietal Names Advisory

Committee.

Eleven respondents commented

generally in favor of Notice No. 581, and

the proposal to establish a list of wine

grape variety names for domestic use.

Conversely, a large number of

respondents opposed the concept of

establishing a list of grape varieties,

while many objected to specific

proposals such as the elimination of

certain varietal names, and the proposal

to prohibit use of color or style

descriptors in conjunction with grape

variety names. Because of the general

opposition to the proposals made in

Notice No. 581, ATF decided to reopen

comment on the subject of grape variety

names. At the same time, ATF modified

certain proposals made in that notice.

Notice No. 749

Background

ATF issued Notice No. 749 on

September 3, 1992 [57 FR 40380].

Although the comment period for this

notice was to have closed on October 5,

1992, several respondents requested its

extension. Notice No. 762, October 26,

1992 [57 FR 48487], reopened the

comment period until December 28,

1992. The proposals in Notice No. 749

differed from those made in Notice No.

581 in the following respects.

One List of Alternative Names

ATF reduced the two lists of

alternative grape variety names to a

single list. This list proposed at § 4.92

contained grape names which would be

phased out by January 1, 1997. A few

alternative grape names listed in Notice

No. 581 were proposed as prime grape

names, or as synonyms for prime names.

Synonyms for Prime Names

The proposed list of prime names of

grape varieties contained synonyms for

some prime names. These synonyms,

such as ‘‘Fume ́ blanc’’ (a synonym for

Sauvignon blanc), would be acceptable

designations for wine as long as they

appeared in direct conjunction with an

appellation of origin on a wine label.

Additional Grape Variety Names

ATF proposed additional grape names

for inclusion on the list of prime names.

These names represent newly developed

varieties as well as some European

vinifera grapes introduced into

viticultural use in the United States

since publication of the Committee

report.

Changes to the List of Prime Names

ATF proposed certain changes to the

list of prime names, through the

deletion of names which are not the true

names of grape varieties, and through

the addition of certain grape names

which were previously proposed as

alternative names.

Approval of New Grape Names

ATF proposed minor changes to the

method of approving new grape names,

primarily to provide more flexibility for

grape breeders in naming new varieties.

Gamay Beaujolais

No regulatory proposals were made

for Gamay Beaujolais. ATF stated that

Gamy Beaujolais would be the subject of

future rulemaking. In the interim,

domestic wineries and bottlers could

continue to use Gamay Beaujolais on

wine labels. ATF made proposals

regarding the use of Gamay Beaujolais

in Notice No. 793 [59 FR 15878, April

5, 1994].

Color and Style Descriptors

ATF eliminated the proposal to

prohibit the use of descriptive or

proprietary terms with grape variety

names.

Type Designations of Varietal

Significance

Notice No. 749 proposed a new type

designation for American wines. These

names would designate wines which

have some varietal basis, but are not

composed of a specified grape variety

such as Muscatel which could be

produced using any Muscat grapes.

Respondents to Notice No. 749

ATF received 55 written comments

from 43 respondents. The following is a

list of respondents, their general interest

in the proposals in the notice, and,

when appropriate, an abbreviation or

acronym. For the purpose of brevity,

these abbreviations or acronyms are

used throughout this document to

identify respondents. Following the list

of respondents are organizations and

terms which are also used in this

document. Abbreviations and acronyms

accompany these names as well.

1. H.P. Olmo, Professor Emeritus,

University of California at Davis, and

Committee member.

2. William F. Doering, a Committee

member.

3. Carole P. Meredith, Associate Professor,

Department of Viticulture and Ecology,

University of California at Davis.

4. Bruce Reisch, Associate Professor, New

York State Agricultural Experiment Station,

Cornell University at Geneva.

5. R.P. Lane, Associate Professor, Georgia

Agricultural Experiment Stations, University

of Georgia at Griffin.

6. Delegation of the Commission of the

European Communities (‘‘EC’’).

7. The Agricultural Counselor, Embassy of

France, Washington, DC.

8. The Ambassador, Federal Republic of

Germany, Washington, DC.

9. The Counselor for Economic and

Commercial Affairs, the Embassy of Spain,

Washington, DC.

10. Deutscher Weinfonds, a German quasigovernmental authority (‘‘DW’’).

11. Verband Deutscher Weinexporteure

e.V., and Deutscher Weinbauverband e.V.,

trade associations representing exporters of

German wine, and German wine growers.

12. Office International de la Vigne et du

Vin, an international trade association for

wine (‘‘OIV’’).

13. Union Interprofessionelle des Vins du

Beaujolais.

14. Fe ́de ́ration des Exportateurs de Vins et

Spiritueux de France, a French trade

association (‘‘FEVS’’).

15. Institut National des Appellations

d’Origine, a French organization concerned

with recognition of controlled appellations of

origin (‘‘INAO’’).

16. American Vintners Association, a trade

association representing bonded wineries

(‘‘AVA’’).

17. National Association of Beverage

Importers, a trade association representing

importers of alcoholic beverages (‘‘NABI’’).

18. Wine Institute, a trade association

representing California wineries.

19. Washington Wine Commission, a trade

association representing Washington

wineries and winegrape growers.

20. Oregon Winegrower’s Association, a

trade association representing Oregon

winegrape growers.

21. California Association of Winegrape

Growers, a trade association representing

California winegrape growers.

22. Richard Mansfield, Umpqua Valley

Chapter, Oregon Winegrowers Association, a

trade association.

23. The U.S. Small Business

Administration, Washington, DC.

24. Chicago Wine School, Chicago, IL.

25. Raymond Kelly, a consumer,

Alexandria, Virginia.

26. H. Sichel So ̈hne, Inc., a wine import

company.

27. Eagle Ridge Winery, a California

winery.

28. Lockwood, a California wine producer.

29. Mt. Palomar Winery, a California

winery.

30. Cain Cellars, a California winery.

31. Wine World Estates, owner of four

California wineries.

32. Stimson Lane Wine & Spirits, Ltd.,

owner of wineries in Washington State and

California (‘‘Stimson Lane’’).

33. Daniel Gehrs Wines, a California wine

producer (‘‘Gehrs’’).

34. Millbrook Winery, a New York winery.

35. Robert Mondavi Winery, a California

winery (‘‘Mondavi’’).
524 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

36. Long Vineyards, a California wine

producer.

37. Martin Brothers Winery, a California

winery.

38. Amity Vineyards, an Oregon winery.

39. Guenoc Winery, a California winery.

40. Brown-Forman Corporation, a wine and

distilled spirits producer and importer

(‘‘Brown-Forman’’).

41. Heublein Inc., a wine and distilled

spirits producer and importer.

42. General Vineyard Services, a California

winegrape grower.

43. San Lucas Vineyards, a California

winegrape grower.

Organizations and References

A. Winegrape Varietal Names Advisory

Committee (‘‘Committee’’).

B. Foundation Plant Materials Service

(‘‘FPMS’’), a service of the University of

California at Davis which lists registered

grape selections. The November 1, 1993,

California Grape Register is used as reference.

C. A Practical Ampelography, Grapevine

Identification, by Pierre Galet, c. 1979,

Cornell University Press (‘‘Galet’’).

D. Vines, Grapes and Wines, by Jancis

Robinson, c. 1986, Alfred A. Knopf

(‘‘Robinson’’).

General Comments to Notice No. 749

Sixteen respondents specifically

stated their support for the proposals

made in Notice No. 749. Other

respondents commented on specific

proposals by requesting changes to

particular aspects of the proposals. No

respondents generally opposed the

proposed regulations.

NABI stated their support of ATF’s

intentions to prevent consumer

confusion by reducing the number of

synonyms for grape varieties currently

used in labeling American wines. The

EC likewise concurred with ATF’s

decision to standardize wine grape

names and to eliminate incorrect or

misnamed varieties. The Embassy of

France expressed their support of ATF’s

objective to prevent confusion or

misunderstanding for consumers by

reducing the number of synonyms for

grape variety names, and for requiring

the accurate use of those names. NABI

favored ATF’s stated goal that grape

variety names used by domestic

wineries be truthful, accurate, and not

misleading.

Wine Institute supported ATF’s

attempt to issue regulations which strike

a balance between ampelography (the

study and classification of grape vines),

scientific terms, and consumer

understanding. The Oregon

Winegrower’s Association stated they

were supportive of ATF’s approach to

regulation of varietal names and

acknowledged the problems of

regulating such names for the first time.

Stimson Lane cited ATF’s concern for

ampelographic accuracy and consumer

awareness, while Mondavi stated their

overall support of improving labeling

terminology and preventing consumer

deception and confusion.

Conclusion: Issuance of a Final Rule on

Grape Variety Names

Based on the overall favorable

comments to the proposals made in

Notice 749, ATF is issuing these final

regulations on grape variety names.

These regulations are intended to

provide specific and accurate labeling of

grape wines labeled with grape variety

names. They are intended to prevent

consumer deception by eliminating

misnamed grape variety names, and by

eliminating the use of many synonyms

for prime grape names. They are

expected to aid in the identification of

grape wines by consumers and to make

labels easier to understand through the

use of more meaningful labeling terms.

Finally, ATF believes these regulations

will enable consumers to be better

informed about wines and the grape

varieties used to produce them.

There are changes made in this final

rule from the regulations proposed in

Notice No. 749 and from those first

proposed in Notice No. 581. The

changes are a result of comments made

by respondents over a lengthy period of

time. These changes recognize certain

marketing realities, and take into

consideration past and present

recognition of names used and known

by consumers and industry. Following

is a summary of the proposals, written

comments, and changes made as a result

of those comments.

Prime Names and Synonyms listed in

§ 4.91

General

Notice No. 749 contained a list of

prime grape names and synonyms listed

in alphabetical order in § 4.91. Either

the prime name or a synonym listed

could be used standing alone on a label

as the designation for a wine. ATF

received many comments concerning

the listing of prime grape names in

§ 4.91. Comments requesting that new or

additional names be added to the list are

discussed under the ‘‘New grape variety

names’’ section of the preamble.

Comments addressing the use of

synonyms for the prime names listed in

§ 4.91 are discussed below.

Melon/Muscadet

Three respondents requested that

Muscadet be listed as a synonym for the

prime name Melon. A fourth respondent

requested that the full name ‘‘Melon de

Bourgogne’’ be listed as the prime name

for this grape variety.

Daniel Gehrs Wines commented that

California has many acres of grapes

historically identified as ‘‘Pinot blanc.’’

Wine made from these grapes has been

marketed as Pinot blanc wine. Gehrs

noted that wine produced from these

grapes does not resemble wine made

from Pinot blanc grapes; thus, this wine

receives poor consumer recognition due

to consumers’ expectation of a white

burgundy-type wine.

Recent ampelographic identification

of these so-called Pinot blanc grapes has

revealed them to be the variety Melon.

In the interest of accurately identifying

their wines, winemakers are now faced

with the task of marketing wine made

from these so-called Pinot blanc grapes

as Melon wine. Gehrs, the Wine

Institute, and General Vineyard Services

objected to using the variety name

Melon to label a grape wine. They noted

that consumers are not familiar with the

name Melon, and that consumers do not

associate this term with a grape wine;

rather consumers equate the word

Melon with a fruit. These respondents

requested that Muscadet be listed as a

synonym for Melon. They stated that

Melon is the grape of the Loire region

used to produce Muscadet wines and

that millions of cases of Melon wine are

sold each year under the Muscadet

designation. Thus, there would be better

consumer understanding of wine made

with Melon grapes if it were labeled

Muscadet since consumers are familiar

with the type of wine now labeled

Muscadet. Gehrs stated that Muscadet

used as a variety name would convey

useful information to consumers about

the style and taste of the wine while

Melon would not.

Furthermore, Gehrs noted that

California wineries must redesignate

their existing ‘‘Pinot blanc’’ grapes, a

process which will impose an economic

burden on producers. By authorizing

Muscadet as a synonym for Melon, it

would be easier for them to phase out

the name Pinot blanc and switch to

Muscadet. The Wine Institute noted that

Muscadet is unlike other similarsounding designations such as Muscatel

or Muscadine, that Muscadet does not

resemble these wines, and that

Muscadet is not likely to be sold under

the same circumstances as these other

wines. Thus, consumer confusion

among these names would be minimal.

ATF finds that Galet uses the names

Melon and Muscadet interchangeably in

his Practical Ampelography, and that

other ampelographic sources list them

as synonyms. However, ATF can find no

evidence of use of the name Muscadet

to designate wine made from this grape

in the United States. While its use might

avoid some of the problems inherent
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 525

with a wine designated Melon,

historical past usage does not support

the name Muscadet for domestic wines.

Thus, ATF is not listing Muscadet as a

synonym for Melon in § 4.91.

In their comment, Eagle Ridge Winery

requested that the full name ‘‘Melon de

Bourgogne’’ be listed as the prime name

for this grape variety. ATF finds that

Melon de Bourgogne is the actual name

of this variety which reflects the origin

of this grape in Burgundy. Although

modern wine labeling seldom

incorporates the full name of this grape,

it is entirely accurate to use the full

name. Furthermore, ATF believes that

consumers are less likely to associate a

wine labeled as Melon de Bourgogne

with the fruit melon. Although this

variety incorporates the geographic

place name ‘‘Bourgogne,’’ the required

use of an appellation of origin with a

grape variety name would serve to

dispel any erroneous impression about

the true origin of the wine which might

otherwise arise, provided the

appellation of origin is in strict

compliance with the requirements of

§ 4.34(b).

Thus, subject to the condition that the

requirements of § 4.34(b) are strictly

complied with, ATF is listing the name

Melon de Bourgogne as the prime name

for this grape variety in the list of prime

names in § 4.91. Melon is listed as a

synonym which may also be used for

designating domestic wines.

Sauvignon Blanc/Fume ́ Blanc

Fume ́ blanc and Blanc Fume ́ were

both proposed as synonyms for

Sauvignon blanc in Notice No. 581. On

the basis of written comments, ATF

concluded that Fume ́ blanc was a valid

synonym for Sauvignon blanc; however,

there was no support expressed for the

name Blanc Fume ́. Comments also

indicated that ‘‘Fume ́’’ is a descriptive

term meaning smoky, and is used to

describe the smoky or ‘‘flinty’’ flavor of

Sauvignon blanc wines produced in the

Loire region and labeled with the

French appellation of origin ‘‘Blanc

Fume ́ de Pouilly.’’

Based on these comments, ATF

proposed Fume ́ blanc (but not Blanc

Fume ́) as a synonym for the prime name

Sauvignon blanc in Notice No. 749. ATF

also noted that Fume ́ could be used as

a descriptive term with any grape

variety name.

Three respondents favored listing

Fume ́ blanc as a synonym for Sauvignon

blanc. Wine World Estates, Mondavi,

and the AVA favored it because of the

widespread use of Fume ́ blanc and its

recognition by industry and consumers

as a synonym for Sauvignon blanc.

Based on these favorable comments,

ATF is listing Fume ́ blanc as a synonym

for the prime name Sauvignon blanc in

§ 4.91.

Each of these respondents requested

that ATF prohibit the term ‘‘Fume ́’’ from

being used with any other grape variety

name. The AVA stated that Fume ́ blanc

has gained wide consumer acceptance,

but that allowing ‘‘Fume ́’’ to be used

with other grape varieties would lead to

unintended consumer confusion with

Fume ́ blanc. They stated this action

would hurt wineries that have invested

time and money establishing consumer

recognition for Fume ́ blanc. Mondavi

concurred that permitting ‘‘Fume ́’’ to be

used with other grape varieties would

lead to consumer confusion. They stated

that Fume ́ blanc must be viewed as a

whole, indivisible term meaning

Sauvignon blanc. Mondavi cited its

financial commitment in building the

success of Fume ́ blanc wines, and stated

that introduction of other varieties

labeled with the term ‘‘Fume ́’’ would

destroy the level of consumer

recognition of the name Fume ́ blanc and

impose significant financial harm on

Mondavi and other wineries.

ATF agrees in part. ‘‘Fume ́’’ is a

descriptive term which, through

industry use and consumer acceptance

of the product, has acquired a particular

meaning. We agree that certain uses of

the term Fume ́ have potential to be

confusing to consumers. Specifically,

we believe that use of the term ‘‘Fume ́’’

in conjunction with another grape

variety name containing the term

‘‘blanc,’’ or with another grape variety

name to which the descriptive term

‘‘blanc’’ is being used, could be

confusing to consumers and possibly

misleading. Thus, ATF will not approve

any certificates of label approval

(COLA’s) for a domestic wine (other

than ‘‘Fume ́ blanc’’) which contain both

the terms ‘‘Fume ́’’ and ‘‘blanc;’’ e.g.,

COLA’s will not be approved for a wine

designated as ‘‘Pinot blanc Fume ́,’’

‘‘Fume ́ Seyval blanc,’’ and so forth.

However, ATF is not convinced that

the use of ‘‘Fume ́’’ in every other

instance would be misleading or

confusing; e.g., wine designated ‘‘Fume ́

Chardonnay’’ is unlikely to be confused

with Sauvignon blanc or Fume ́ blanc.

Thus, ATF will examine on a case by

case basis any application for a COLA

which contains a grape variety name

and the term ‘‘Fume ́’’ to see if the

overall name is potentially misleading.

Zinfandel/Primitivo

Notice No. 749 proposed Zinfandel

and Primitivo as separate grape varieties

in § 4.91. Primitivo, an Italian grape,

was added to the list of prime names at

the request of Cypress Valley Winery, a

Texas winery which requested the

addition of ‘‘Primitivo de Gioia’’ to the

list. ATF proposed Primitivo rather than

a name incorporating one of the many

clones or regional names for this grape

in order not to introduce foreign place

names as part of a grape variety name

used in the United States.

Information available to ATF at the

time Notice No. 749 was published

indicated that Primitivo and Zinfandel

were separate grape varieties rather than

different names for the same grape

although ATF sought additional

information on this issue. Five

respondents commented on the

relationship between these two grape

names.

Carol P. Meredith, of the Department

of Viticulture and Enology at the

University of California at Davis,

commented that DNA examination of

these two varieties showed them to have

the identical ‘‘fingerprint.’’ This

technique is currently being utilized as

an aid in identifying grapes since each

grape variety reveals a unique DNA

‘‘fingerprint.’’ She commented that UC

Davis research on Primitivo is limited to

two accessions of Primitivo grapes from

Italy, and that these may not represent

the full range of Primitivo cultivars.

Furthermore, she commented that

Primitivo may be a generic term which

actually includes more than one grape

cultivar in Italy; i.e., the Italian

Primitivo may encompass grapes which

are not identical to Zinfandel.

Eagle Ridge Winery and William F.

Doering both commented that Primitivo

and Zinfandel are the same variety but

that Zinfandel is the name used for this

grape in California for more than 150

years.

Wine World Estates and the California

Association of Winegrape Growers

commented that there is no conclusive

evidence that Primitivo and Zinfandel

are the same grape. Wine World Estates

further stated that Primitivo is used in

Europe to identify a number of grape

varieties and thus, a grape called

Primitivo may not be identical to

Zinfandel. ATF notes that the FPMS

lists Primitivo as a distinct grape variety

and not as a synonym for Zinfandel.

ATF concludes that the comments

support listing Primitivo and Zinfandel

as separate grape varieties. Although it

is possible that Zinfandel may be

identical to some Primitivo grapes, it

appears that the term Primitivo may

represent other grape cultivars as well;

consequently, the two terms cannot be

used interchangeably. Thus, Primitivo

and Zinfandel are listed as prime grape

names in § 4.91 and are not listed as

synonyms for each other.
526 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Cabernet/Cabernet Sauvignon

ATF Ruling 74–25, 1974 ATF C.B. 48,

permits the labeling of wine as

‘‘Cabernet’’ if 75 percent of its volume

(51 percent prior to January 1, 1983) is

derived from Cabernet Sauvignon

grapes. This ruling was intended to

prevent consumer deception through

the use of less expensive grapes such as

Ruby Cabernet in a wine labeled

‘‘Cabernet.’’

Notice No. 581 proposed to make this

ruling obsolete which would preclude

the labeling of Cabernet Sauvignon or

any other wine as ‘‘Cabernet.’’ Notice

No. 749 proposed listing ‘‘Cabernet’’ as

a synonym for Cabernet Sauvignon.

Five respondents commented. World

Wide Estates supported the proposal to

permit ‘‘Cabernet’’ to be used as a

synonym for Cabernet Sauvignon. The

OIV noted that ‘‘Cabernet’’ does not

correspond to the actual grape variety

name, and the name ‘‘Cabernet’’ is not

specific as to the actual grape variety it

indicates.

Eagle Ridge Winery and BrownForman objected to listing ‘‘Cabernet’’ as

a synonym. Eagle Ridge stated that other

variety names contain the word

Cabernet and it is incorrect to assume

that the label term ‘‘Cabernet’’ by itself

would not confuse consumers. BrownForman commented that permitting

‘‘Cabernet’’ to stand only for Cabernet

Sauvignon is prejudicial to producers of

other varieties such as Cabernet Franc or

Cabernet Pfeiffer. They stated that there

is absolutely no consumer confusion if

each of the three Cabernet grapes is

labeled with its full name.

Cain Cellars commented that ATF has

permitted the term ‘‘Cabernet’’ to

include Cabernet Franc, but offered no

evidence of such use. They further

suggested that this term should be

permitted to refer to the entire family of

Cabernet varieties including Cabernet

Sauvignon, Cabernet Franc, Merlot,

Malbec, and Petit Verdot. Accordingly,

‘‘Cabernet’’ would become a designation

of varietal significance to include any of

these grape varieties.

ATF agrees with the respondents who

oppose use of ‘‘Cabernet’’ as a synonym

for Cabernet Sauvignon. As noted by the

OIV, ‘‘Cabernet’’ does not correspond to

an actual grape variety name, nor is this

term specific as to the grape variety to

which it refers. While ‘‘Cabernet’’ has

been used for some years to label

Cabernet Sauvignon wines, other

‘‘Cabernet’’ grapes exist, and consumers

could be confused as the actual grape

variety intended. Conversely, there can

be no consumer confusion as to the

grape variety if the actual variety name

appears on the label.

In the interest of providing accurate

grape variety identification, ATF is not

listing ‘‘Cabernet’’ as a synonym for

Cabernet Sauvignon. However, due to

its past use, ATF is listing ‘‘Cabernet’’

as an alternative name in § 4.92(b) for

use until January 1, 1999. Concurrently,

ATF Ruling 74–25 is declared obsolete

as of the effective date of this final rule.

Durif/Petite Sirah

These names were proposed as

synonyms in Notice No. 749. Three

respondents commented on this

proposal.

The OIV commented that the

officially recognized OIV name for this

grape is Durif, and not Petite Sirah.

Wine World Estates concurred with the

proposal to list ‘‘Duriff’’ as a synonym

for Petite Sirah unless evidence is

presented to the contrary.

Carole P. Meredith, the University of

California, Agricultural Experiment

Station at Davis, stated that the

University’s examination of Petite Sirah

and Durif holdings show their Petite

Sirah vines to be two or more different

grape varieties. Furthermore, the

Experimental Station’s recent DNA

research shows that the grape called

Petite Sirah and the Durif grape have

different DNA ‘‘fingerprints,’’ and are

therefore probably different cultivars

rather than the same grape.

Consequently, ATF is listing both Durif

and Petite Sirah as prime names in

§ 4.91 and not as synonyms. We will

continue to seek evidence regarding the

true identity of the grape called Petite

Sirah.

Thompson Seedless/Sultanina

This grape variety is one of two the

Committee recognized as having

synonyms which could be equally

accepted as the prime name.

Consequently ATF proposed the use of

both names as prime names, with either

name permitted without qualification.

In doing so, ATF noted that neither

name is commonly used in wine

labeling although Thompson Seedless is

well known to consumers as a table

grape.

Brown-Forman commented these

names should not be used

interchangeably. They argued that

Thompson Seedless is an inferior grape

which makes poor quality wine, and

that use of the name Sultanina would

mislead consumers. The EC commented

that Sultanina is used for table grapes

and raisins, but rarely used in wine

production. They argued that its use for

designating wine would be misleading

and that ATF should phase out use of

this name.

ATF finds few wines are designated

with either name although this grape

has been extensively used in producing

non-varietal wines and blends.

However, we note that the purpose of

the list of grape names in § 4.91 is to

provide accurate identification of grape

varieties used in producing wine. The

listing of a grape name there does not

denote ‘‘quality’’; it merely reflects

recognition of the grape variety name.

Since ATF finds that both names are

equally valid for this grape variety, both

Thompson Seedless and Sultanina are

listed as prime grape names and as

synonyms.

Pinot Gris/Pinot Grigio

ATF proposed Pinot gris as a prime

name in § 4.91 and Rula ̈nder as an

alternative name in § 4.91 be phased out

by 1996. Pinot Grigio was not proposed

in either section.

Long Vineyards and Martin Brothers

Winery both requested that Pinot Grigio

be listed as a synonym for Pinot gris.

Long Vineyards stated they are

disadvantaged when selling their Pinot

gris versus Italian wines labeled as Pinot

Grigio. Furthermore, they stated that

due to worldwide sales of the Italian

wine, consumers are more familiar with

the varietal designation Pinot Grigio

than they are with the name Pinot gris

or Rula ̈nder. Martin Brothers also cited

the popularity of Italian Pinot Grigio

wines in requesting this name be made

a synonym for Pinot gris.

Based on the evidence that some

United States wineries are labeling their

Pinot gris as Pinot Grigio, and the fact

that this term has gained consumer

acceptance due to the large number of

Italian Pinot Grigio imported into the

United States, ATF is listing Pinot

Grigio as a synonym for the prime name

Pinot gris in § 4.91. ATF notes that this

grape is known by many names

throughout winegrowing regions of the

world, but that Pinot gris and Pinot

Grigio appears to be the most commonly

used names for this grape in the United

States.

Colombard/French Colombard

On the basis of strong support for

continued use of the name French

Colombard, this name was proposed in

Notice No. 749 as a synonym for the

prime name Colombard.

Three respondents commented on the

use of French Colombard as a synonym.

Wine World Estates supported the

proposal to list it as a synonym. William

F. Doering supported this proposal

because of the economic and marketing

importance of French Colombard. Eagle

Ridge Winery commented that

consumers would not be misled if the
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 527

word ‘‘French’’ was deleted as part of

the name.

Based on historical usage and

consumer recognition of this term, ATF

is listing French Colombard as a

synonym for the prime name

Colombard, provided that an

appellation of origin appears in direct

conjunction with French Colombard, in

strict compliance with the requirement

of § 4.34(b).

Mourve`dre/Mataro

ATF proposed the name Mourve`dre as

a synonym for Mataro due to use of this

name in labeling domestic wines. Wine

World Estates supported this proposal

while EC commented that Mataro is a

geographic name in Spain and should

be phased out in favor of Monstrell.

ATF finds that ampelographers such

as Galet list Mataro and Mourve`dre as

synonyms. It is difficult to establish one

prime name since these different names

reflect the Spanish and the French name

for this grape. However, ATF finds that

Mourve`dre enjoys greater use in labeling

wine in the United States. For this

reason, ATF is listing Mourve`dre as the

prime name in § 4.91. As stated in

Notice No. 749, ATF does not believe

there is any reason to deny use of a

grape variety name to United States

winemakers simply because that name

bears a resemblance to a foreign name

of geographic significance. Thus, Mataro

is retained as a synonym for the grape

variety Mourve`dre in § 4.91, provided

that when Mataro is used to indicate the

grape variety, an appellation of origin

appears in direct conjunction with

Mataro in strict compliance with the

requirements of § 4.34(b).

Cynthiana/Norton

Bruce Reisch, Cornell University

Department of Horticultural Science at

Geneva, submitted evidence that these

grapes are the same variety. Reisch

indicated that his examination of

cultivars of Cynthiana and Norton vines,

taken from wineries and nursery stock

in Arkansas and Missouri, revealed

them to be identical based on isozyme

and ampelographic characteristics. He

further stated that these grapes are of

Vitis aestivalis ancestry, but that vines

were introduced using different names

in Virginia and Arkansas in the last

century. Reisch also cited an 1891

report to the Missouri State

Horticultural Society indicating that

these varieties were actually the same

grape. ATF notes that horticulturists

have debated this question for more

than a century.

Based on Reisch’s comment and the

evidence contained in the isozyme of

these two cultivars, ATF concludes that

they are indeed the same grape variety.

Consequently, ATF is listing them as

synonyms in the list of prime grape

names in § 4.91. Due to the longstanding use of both names, their

consumer recognition, and the

impossible task of ascribing ‘‘one prime

name’’ to this grape, each name is listed

alphabetically in this section with the

other name following in parentheses as

a synonym.

ATF notes that other synonyms exist

for this grape variety and that Norton

Seedling and Virginia Seedling are

listed as alternative names for Norton in

§ 4.92.

Vignoles/Ravat 51

ATF proposed Vignoles as a synonym

for the prime name Ravat 51 in Notice

No. 749. Bruce Reisch, Cornell

University Department of Horticultural

Science at Geneva, and William F.

Doering supported this proposal, and it

is adopted.

ATF notes that Ravat 51 is the prime

name for this grape but that other

numbered Ravat hybrids exist.

Consequently, ATF will not approve

labels showing only ‘‘Ravat’’ as the

grape variety; labels must specify the

Ravat hybrid number or use an

approved synonym.

Campbell Early/Island Belle

Island Belle was proposed as an

alternative grape name to be phased out

by 1996 in favor of the prime name

Campbell Early. While no comments

were submitted regarding the use of

either name, ATF has received

additional information concerning this

grape. The Island Belle grape was

developed about 1898 by Adam Eckert

in western Washington State. This grape

is believed to be either a clone of

Campbell Early or a hybrid derived from

a Concord. The Island Belle grape is

currently used in winemaking in

Washington State and the wine enjoys a

degree of consumer recognition.

Due to the current use of the name

Island Belle in winemaking, and the fact

that the true identity of this grape is

uncertain, ATF is retaining the name by

listing Island Belle as a synonym for the

prime name Campbell Early in § 4.91.

ATF would take action to list Island

Belle as a prime name in this section

should future research indicate that it is

a distinct variety rather than a clone of

Campbell Early.

Valdepen ̃ as and Tempranillo

Valdepen ̃ as was proposed as a prime

name in § 4.91. While there were no

comments addressed to this name in

response to Notice No. 749, ATF has

received information indicating that this

grape is the Tempranillo, a Vitis vinifera

native to Spain and used in producing

Rioja wines. While well known and

cultivated in Spain, Portugal, France,

and Argentina as Tempranillo, this

grape is known as Valdepen ̃ as only in

California. ATF notes that the FAMS

listing of registered grape selections

shows Tempranillo as a synonym for

Valdepen ̃ as.

In the interest of correctly identifying

grape varieties, ATF is listing

Tempranillo as the prime name of this

grape variety in § 4.91. Valdepen ̃ as is

listed as a synonym for Tempranillo in

this section. ATF will give future

consideration to phasing out the name

Valdepen ̃ as.

Miscellaneous Synonyms

Lemberger was proposed as an

alternative spelling for Limberger in

proposed § 4.91. William F. Doering

noted that the name Lemberger has

long-recognized viticultural and

commercial usage, and he concurred

with the proposal to list it as a spelling

variation for the prime name Limberger.

Because of its commercial use in the

United States, ATF is listing Lemberger

as a synonym for the prime grape name

Limberger.

Eagle Ridge Winery commented that

Green Hungarian is actually Sylvaner,

and that the term Green Hungarian is

not used except by a few domestic

producers. No evidence was submitted

in support of this comment.

While the origin or identification of

Green Hungarian remains uncertain,

ATF has no information which supports

Eagle Ridge Winery’s comment that

Green Hungarian is actually Sylvaner;

therefore, this comment is not adopted.

The OIV commented that several

prime names in § 4.91 are not the

official OIV names. Names identified by

the OIV include Black Malvoisie which

they list as Cinsaut, Burger which they

list as Monbadon, and Charbono which

they list as Corbeau.

ATF acknowledges that although

these grapes are known by the names

suggested by the OIV, the names

proposed in § 4.91 are more commonly

employed in winemaking in the United

States. Therefore, ATF is not changing

these names as requested. In the case of

Black Malvoisie and Cinsaut, both are

listed in § 4.91, with Cinsaut listed as

the prime name and Black Malvoisie as

a synonym.

Wine World Estates commented

favorably on the proposed listing of

Gewu ̈rztraminer and Traminer as

separate prime names in § 4.91. Eagle

Ridge Winery commented that

Gewu ̈rztraminer is a spicy version of
528 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Traminer and that only Gewu ̈rztraminer

should be listed.

Evidence is mixed on whether

Gewu ̈rztraminer and Traminer are

distinct grape varieties. The FPMS lists

them as separate registered grape

selections while the OIV lists these

names as synonyms. Because the

evidence is inconclusive, ATF is listing

each as a prime name in § 4.91 and not

as synonyms for the same grape.

Eagle Ridge Winery commented that

Kleinberger is actually Ebling and is

known by that name in Germany. ATF

concurs with this comment but finds

that this grape is well known by the

name Kleinberger as well as by other

synonyms. In view of the limited use of

the name Ebling in the United States,

ATF is not authorizing it as a synonym

for this Kleinberger.

Orther Synonyms

ATF received no comments regarding

the following prime names and

synonyms proposed in § 4.91: Muscat

Hamburg/Black Muscat; Meunier/Pinot

Meunier; Rkatziteli/Rkatsiteli; Seyval/

Seyval blanc; Shiraz/Syrah; Ugni blanc/

Trebbiano. Therefore, these names are

adopted as prime names and synonyms.

Prime Names and Synonyms

ATF has reorganized § 4.91 by listing

only one prime name for each grape

variety. ATF has drawn the distinction

between prime names and synonyms

primarily on the basis of the final

Committee report but with some

exceptions Synonyms and authorized

spelling variants appear in parentheses

following the prime name, but have no

separate alphabetical listing except in

the case of Thompson Seedless and

Sultanina, and Cynthiana and Norton.

In the Case of the Riesling grape,

Riesling is listed as the prime name and

White Riesling appears as a synonym.

Synonyms and spelling variants may be

used, standing alone, as the designation

of a wine.

Alternative Names for Grape Varieties,

§ 4.92

Background

The final Committee report

acknowledged that many grape varieties

are known by more than one name,

some by several names. As part of its

deliberations, the Committee selected a

preferred ‘‘prime name’’ for each variety

and considered alternative names and

synonyms. It then recommended two

lists of alternatives names. The first

contained synonyms which, if used on

a label, would be required to appear in

direct conjunction with the prime name.

These alternative names referred to

some older European grape varieties

which were known by local or regional

names, and which have received a

degree of consumer acceptance. The

Committee noted that these alternative

names, due to regulatory precedent and

commercial history, should be the

exception to the general finding that,

whenever possible, synonyms should be

eliminated in the shortest practical time.

No time period was given for phasing

out these synonyms.

The Committee report also noted that

some grape varieties are misnamed or

incorrectly identified, but that these

names have received a degree of

consumer acceptance. In order to

prevent economic hardship to growers

and winemakers, the Committee

recommended these names be phased

out over a five-year period. This second

list contained 52 alternative names.

Notice No. 581

ATF proposed two lists of alternative

grape variety names, one containing

names to be used only in conjunction

with the prime name and one

containing names to be phased out at a

future date. Respondents submitted

many written comments on this issue,

and as a result, ATF modified this

proposal.

Notice No. 749

In this notice ATF proposed only one

list of alternative names. ATF proposed

phasing out these 54 names, appearing

at § 4.92, as of January 1, 1996. Other

names were removed from the list of

alternative names and proposed as

synonyms to prime names in § 4.91; i.e.,

they could stand alone on a label as a

designation and would not be phased

out in the future.

General Comments on Alternative

Names

ATF received only three comments

addressing the issue of permitting

alternative names. William F. Doering

concurred with the proposal for a single

list of alternative names to be phased

out in the future. Wine World Estates

agreed with the concept to phase out

these alternative names over time, but

due to the economic consequences,

stated that the proposed date of January

1, 1996, did not allow a long enough

transition period.

NABI opposed the proposal. They

supported the Committee

recommendation to eliminate synonyms

in labeling and to use only the prime

name as a designation. NABI stated that

permitting alternative names would lead

to consumer confusion due to the large

number of synonyms and alternative

names, and would be contrary to ATF’s

intent to standardize grape variety

names. NABI favored the original

proposal to permit alternative names to

be used only in conjunction with the

prime name on the label, and favored

phasing out these alternative names

after a period of time.

We are adopting the list of alternative

names proposed at § 4.92. While ATF

wishes to reduce the number of

alternative names and synonyms, we

find it is impossible to phase out use of

these names immediately. Many of them

have been used for decades in labeling

wines and consumers are familiar with

them. Wineries have large investments

in labels, packaging material, and

advertising which utilize these names.

Wineries also have substantial

‘‘goodwill’’ associated with some of

these variety names.

With respect to Wine World Estate’s

comment that the January 1, 1996, date

is too short a transition period, ATF

notes that it first proposed phasing out

most of these names in Notice No 581,

published in 1986. That proposal would

have terminated use of most of these

names within five years. We believe that

the wine industry has been given ample

notice that these names would be

phased out. However, because of the

delay in publishing this final rule, ATF

is adopting January 1, 1997 as the

termination date for all names proposed

for inclusion in § 4.92(a) by Notice No.

749.

In this final rule, ATF is adding new

names to the list of alternative names.

In order to provide an adequate

transition period for phasing out these

new names, ATF is permitting their use

until January 1, 1999.

Specific Comments on Alternative

Names

Several respondents commented that

specific alternative names be made

synonyms for prime grape names in

order to prevent them from being

phased out.

Gutedel

Gutedel was proposed as an

alternative name for Chasselas Dore ́.

Eagle Ridge Winery commented that

Gutedel is the correct name in its

homeland of Germany, that Chasselas

Dore ́ is not as commonly used, and

requested that Gutedel be listed as a

synonym in § 4.91.

According to the OIV listing of grape

variety names, Gutedel is the name

commonly used in Germany and

Switzerland, while Chasselas Dore ́ is

listed as the primary name in Canada,

Chile, France, Romania, and Italy

(Chasselas Dorato). The FPMS lists

Chasselas Dore ́ but not Gutedel as a
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 529

registered grape selection, while the

State of Oregon authorizes Chasselas

Dore ́ as the only varietal designation for

wine made from this grape.

Based on this evidence, ATF finds

that the name Chasselas Dore ́ is more

commonly used in the United States.

Thus, ATF is not adopting this comment

to list Gutedel as a synonym for

Chasselas Dore ́. Gutedel remains listed

in § 4.92(a) as an alternative name to be

phased out by January 1, 1997.

Pineau de la Loire

This name was proposed as an

alternative name for Chenin blanc.

Three respondents, the Embassy of

France, Brown-Forman and Wine World

Estates, supported this proposal citing

the fact that a grape should not contain

a ‘‘Pinot’’ or ‘‘Pineau’’ designation

unless it is a true Pinot grape. Since

Chenin blanc is not a true Pinot grape,

ATF is continuing to list Pineau de la

Loire as an alternative name in § 4.92(a)

to be phased out as of January 1, 1997.

Pinot Chardonnay

This name was proposed as an

alternative name for Chardonnay.

William F. Doering and Wine World

Estates both supported this proposal

because this grape is not a true Pinot

grape. ATF continues to list Pinot

Chardonnay as an alternative name in

§ 4.92(a) to be phased out by January 1,

1997.

Muscadelle

Notice No. 749 listed Muscadelle as

an alternative name for the prime grape

name Sauvignon vert. In their comment,

the OIV noted that the official OIV

recognized name for this grape is

Muscadelle. Wine Institute commented

that California uses Muscadelle as the

prime name for this grape in its annual

grape crush report.

The FPMS lists both Sauvignon vert

and Muscadelle (du Bordelais) as

registered grape selections while Oregon

only permits Muscadelle to be used for

varietal labeling of this wine.

Furthermore, examination of wine

literature indicates that the grape which

is called Sauvignon vert in California is

actually the Muscadelle grape.

Based on this evidence and the

comments received on this issue, ATF is

listing Muscadelle as the prime name

for this grape in § 4.91. Concurrently,

we are removing Sauvignon vert from

that list and according it alternative

name status. It is added to the new

listing of names in § 4.92(b) which may

be used until January 1, 1999.

Refosco

Refosco was proposed as an

alternative name for Mondeuse. Four

respondents requested that Refosco be

made the prime name of this grape.

Lockwood, a California company which

produces a varietal Refosco wine, stated

that this wine is nationally recognized

as Refosco, and that to eliminate this

name would cause them economic

hardship. Wine Institute noted that the

California grape crush report uses

Refosco and Mondeuse as synonyms.

They further stated that several wineries

are releasing a varietal Refosco wine and

that consumers understand this term.

San Lucas Vineyards stated they have

sold Refosco grapes for years to several

wineries. They also cited Refosco as a

more pleasant and marketable name

than Mondeuse. Wine World Estates

noted that the FPMS lists Refosco rather

than Mondeuse as the name of their

registered grape selections.

The difference between these names

is attributable to place of cultivation,

with Refosco being the Italian name and

Mondeuse being the French name for

this grape. ATF finds no prejudice

toward use of either name, and both

have received a degree of consumer

recognition in the United States. ATF is,

therefore, adopting these comments by

listing Refosco as a synonym for

Mondeuse in § 4.91.

Other Alternative Names

Other names proposed in § 4.92 are

retained as alternative names except as

noted above. Names appearing at

§ 4.92(a) may be used for wine

designations until January 1, 1997. See

also the preamble discussion of names

similar to appellations of origin for

comments on Saint Emilion, and the

preamble section entitled ‘‘Riesling

issues’’ for a discussion of Franken

Riesling.

Riesling Issues

Background

The final report of the Winegrape

Varietal Names Advisory Committee

focused extensively on Riesling issues.

It noted that Johannisberg Riesling has

long been recognized as an American

term in order to distinguish the White

Riesling from other grape varieties

which are not true Rieslings. The

Committee recommended that White

Riesling and Johannisberg Riesling be

permitted as equal synonyms for this

grape. Furthermore, it recommended

that the term Riesling not be permitted

to stand alone as the name of an

American grape variety, but gave no

explanation for this position. The final

Committee report made

recommendations regarding the use of

other grape variety names which

incorporate the term Riesling.

Riesling as a Prime Name

ATF proposed White Riesling and

Johannisberg Riesling as prime names in

Notice Nos. 581 and 749, but did not

propose to permit use of the name

Riesling. Notice No. 749 stated that this

proposal was intended to create a clear

distinction between those grapes which

in the past were labeled as ‘‘Riesling’’

but which were not the true Riesling

grape and the true White Riseling grape.

Accordingly, the term ‘‘Riesling’’ would

no longer be used to label grapes made

from Emerald Riesling or other so-called

Riesling grapes.

ATF received comments from 19

respondents regarding Riesling issues.

Sixteen of them favored permitting the

term ‘‘Riesling’’ (with or without

synonyms) as a prime name, or as a type

designation of varietal significance.

Thirteen respondents stated that

Riesling is the true name of this grape,

and that ATF should not prohibit

American winemakers from using it to

label their wines. Respondents

supported this position by stating that it

is unacceptable for the United States to

deny American winemakers use of the

accepted world-wide name for the

Riesling grape and cited the fact that

German wines are labeled simply

Riesling. The Federal Republic of

Germany commented that consumers

would be confused or misled if other

names are used to designate a Riesling

wine. The Oregon Winegrowers

Association commented that without

use of the term Riesling, U.S.

winemakers would be at a competitive

disadvantage against German wines.

Amity Vineyards stated that consumers

might think that German Riesling is a

wine different from an American

Riesling. The increasing acceptance of

American wines in the international

wine community was cited by H. Sichel

So ̈hne as an important reason to allow

the designation Riesling to be used on

American wines.

The Washington Wine Commission

stated that consumers identify strongly

with the Riesling name and that

wineries have worked hard to cultivate

a positive image for Riesling among

consumers. Moreover, the prohibition of

Riesling as a prime name would exclude

the ability to market a ‘‘Dry Riesling’’ or

‘‘Blush Riesling’’ wine, a position also

endorsed by Stimson Lane, and by the

Oregon Winegrowers Association. This

association cited Oregon law which

prohibits use of Johannisberg Riesling

on a wine label, thus requiring Oregon

wineries to market either a Riesling or
530 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

White Riesling wine. They stated that

denial of the ability to market a Riesling

wine would cause Oregon wineries

severe economic hardship. Other

respondents favoring listing Riesling as

a prime name included the EC, the OIV,

the DW, NABI, the AVA, Eagle Ridge

Winery, and Umpqua Valley Chapter,

Oregon Winegrowers Association.

Three respondents including Wine

Institute, Heublein, and Wine World

Estates favored listing Riesling in § 4.28

as a type designation of varietal

significance rather than as a grape

variety name. According to Wine

Institute, ATF has permitted

winemakers to use the term ‘‘Riesling’’

to designate a wine which derives 75

percent of its volume from any

combination of White Riesling or

Emerald Riesling grapes. They stated

that consumers have come to associate

the term Riesling as a descriptive term

used by a specific producer rather than

as a specific varietal designation. Thus,

Wine Institute argued that Riesling

should be a general term which shows

merely use of various Riesling grapes

rather than designating the White

Riesling grape. They further commented

that to eliminate this practice would

require wineries to label wines with the

actual percentage of various grape

varieties, action which would be costly

and would confuse consumers. Wine

World Estates and Heublein supported

making Riesling a type designation of

varietal significance, similar to the

proposed designations for Muscatel,

Muscadine, and Scuppernong.

Brown-Forman supported the

proposal to list White Riesling and

Johannisberg Riesling as prime names,

and to prohibit the term ‘‘Riesling’’ from

standing alone. The Verband Deutscher

Weinexporteure and the Deutscher

Weinbauverband commented that White

Riesling should be the only designation

for American Riesling wine, and that

Riesling should not be used as a prime

name for American wines.

Conclusion

All comments clearly indicate that the

worldwide name for this grape is

Riesling. ATF particularly notes two

quotations from the Statement of

Principles in the Committee report:

‘‘Accuracy has been the Committee’s

primary objective’’ and ‘‘the key

question has in every case been ‘What

is correct?’ ’’ On the basis of all

evidence, ATF finds no valid reason to

exclude Riesling from the list of prime

names in § 4.91.

ATF rejects the position advanced by

three respondents to make Riesling a

type designation of varietal significance,

and thus permit its use for designating

wines composed of a number of socalled Riesling grapes. This would be a

misleading use of the name since

Riesling is accepted world-wide, as well

as within the United States, as

representing a specific, identified grape

variety. Due to the enormous

preponderance of wines labeled Riesling

and made from the White Riesling

grape, ATF believes it would be

deceptive to permit wines made from

Emerald Riesling, Grey Riesling, or

other so-called Riesling grapes to be

labeled simply ‘‘Riesling.’’ Thus, ATF is

not adopting the comment to list

Riesling as a type designation of varietal

significance, and is instead listing

Riesling as a grape variety name.

Riesling is added to the list of prime

grape names in § 4.91. As of the

effective date of this final rule, any

American wine labeled ‘‘Riesling’’ must

be made from a minimum of 75 percent

Riesling (White Riesling) grapes. Wines

now made from Emerald Riesling or

other so-called Riesling grapes will need

to be relabeled to show the actual grape

varieties used.

Discussion of White Riesling and

Johannisberg Riesling

The Winegrape Varietal Names

Advisory Committee recognized White

Riesling (the literal translation of

‘‘Weisser Riesling,’’ the botanical name

of the grape) as the prime grape name.

The Committee also recommended

listing Johannisberg Riesling as a

synonym since they found this name

had been in use for many years in the

United States, and that it was used to

distinguish the White Riesling grape

from other so-called Riesling grapes.

Many comments addressed the listing of

both names in § 4.91.

Many respondents objected to

permitting ‘‘Johannisberg Riesling’’ as a

synonym for the Riesling grape.

Respondents stated that ‘‘Johannisberg’’

is a geographic term and a registered

trademark; thus, under German law,

only wine from Schloss Johannisberg in

Germany is entitled to the designation

Johannisberg Riesling.

ATF received fewer comments

addressed to use of White Riesling as a

synonym. The DW commented that

while this is the scientific term, White

Riesling is never used to label German

wines. The Oregon Winegrowers

Association commented in favor of

allowing Riesling as the prime name,

but noted that the State of Oregon

permits either Riesling or White

Riesling to be used in labeling.

The Verband Deutscher

Weinexporteure and the Deutscher

Weinbauverband favored authorizing

White Riesling as the only designation

for American Riesling wine. H. Sichel

So ̈hne favored retaining White Riesling

as an alternative name. NABI supported

Riesling as the prime name but favored

permitting White Riesling as an

alternative. Brown-Forman supported

the proposal to list White Riesling and

Johannisberg Riesling as prime names,

and to prohibit the term Riesling from

standing alone. Wine World Estates

commented in favor of permitting both

White Riesling and Johannisberg

Riesling as synonyms.

Conclusion

ATF finds the term White Riesling is

well known to consumers. This term is

used internationally as a designation for

this wine. White Riesling is also the

botanical name of this grape (a

translation of ‘‘Weisser Riesling’’). ATF

is, therefore, listing White Riesling as a

synonym for Riesling in § 4.91.

Although the term Johannisberg

Riesling has long been used in the

United States to distinguish true [White]

Riesling wine from wine made with

other so-called Riesling grapes, the

evidence is clear that Johannisberg

Riesling is not the correct name of this

grape variety. Moreover, as noted by

several respondents, ‘‘Johannisberg’’ is a

German geographic term, and the name

of a specific winegrowing region within

Germany.

Since this final rule authorizes use of

the name Riesling, standing by itself, as

the prime name for wine made from this

grape, ATF finds that there is no longer

the necessity to distinguish wine made

from the true Riesling grape by use of

the term ‘‘Johannisberg Riesling.’’ Based

on this fact, and in the interest of

implementing the Committee’s charter

to provide accurate and correct grape

variety names, ATF has concluded that

the name Johannisberg Riesling should

no longer be permitted as a grape variety

designation. Accordingly, Johannisberg

Riesling is removed as a synonym for

Riesling in § 4.92 and made an

alternative name. Owing to its current

use and the necessity to prepare new

packaging and marketing materials,

Johannisberg Riesling is listed in

§ 4.92(b) which permits its use in

labeling wines prior to January 1, 1999.

Other Riesling Names

Several other grape variety names

contain the word ‘‘Riesling,’’ but are not

the true Riesling grape. Grey Riesling,

Emerald Riesling, Missouri Riesling,

and Wa ̈lschriesling (and synonym

Welschriesling) were proposed as prime

names in Notice Nos. 581 and 749.
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 531

General Comments

Fourteen respondents favored the

removal of these Riesling names from

the list of prime names. The consensus

was that none of these grape varieties

are the true Riesling grape, and that any

use of a Riesling name to identify nonRiesling grapes is misleading and

confuses the public. The Oregon

Winegrowers Association noted that

United States wineries’ varietal labeling

of these misnamed ‘‘Riesling’’ varieties

is declining. All of these respondents

requested that ATF take action to phase

out the use of Grey Riesling, Emerald

Riesling, Missouri Riesling, and

Wa ̈lschriesling over a period of time.

Grey Riesling/Trousseau Gris

The final Committee report stated that

the Grey Riesling grape had not been

conclusively identified but that it was

not a true Riesling. It recommended that

ATF replace the incorrect name Grey

Riesling with the correct grape variety

name when positive ampelographic

identification of this grape was made.

Grey Riesling was proposed as the

prime name in Notice No. 581 since no

definitive identification of this grape

had been made. However, when Notice

No. 749 was published in September

1992, this grape had been identified as

Trousseau gris which was proposed as

a synonym for Grey Riesling.

The Federal Republic of Germany

comment confirmed this ampelographic

finding. Their comment stated that

findings of the German Federal Institute

for Cultivation Research in Vintage

Culture and Horticulture, Institute for

Grapevine Breeding Geilweilerhof,

supports the recent ampelographic

study showing Grey Riesling to be the

variety Trousseau gris.

Twelve respondents commented that

ATF should phase out the name Grey

Riesling in favor of the correct name

Trousseau gris. Respondents included

both European and international

interests, one Committee member, and

American wineries and grape growers.

Only one respondent, Wine World

Estates, commented in favor of retaining

Grey Riesling as a prime name, although

as a synonym for Trousseau gris. ATF

notes that five respondents favored

retaining Grey Riesling as a prime name

in their comments to Notice No. 581,

prior to positive identification of the

grape. Reasons advanced at that time

included the fact that this variety had

been grown in California for over 100

years and had received wide public

acceptance as Grey Riesling. Other

respondents noted that the name Grey

Riesling was preferable to an unknown

European grape variety name with no

consumer recognition.

ATF finds the evidence for removal of

Grey Riesling from the list of prime

names to be very strong. This grape is

not related to the Riesling, but has been

positively identified as Trousseau gris.

The FPMS lists ‘‘Trousseau’’ as a

synonym for Grey Riesling. Moreover, as

noted by the Oregon Winegrowers

Association, the use of the name Grey

Riesling for labeling varietal wines is

declining. ATF is, therefore, removing

Grey Riesling from the list of prime

names in § 4.91, and is listing Trousseau

gris as the prime grape name. In order

to give American wineries sufficient

time to make the name change to

Trousseau gris, ATF is listing Grey

Riesling as an alternative name in

§ 4.92(b) which may be used until

January 1, 1999.

Missouri Riesling

This grape has been cultivated in the

United States for over a century, always

as Missouri Riesling. It is not a Riesling,

but is a native American grape, probably

a cross of Vitis ripara and Vitis labrusca.

Historical evidence indicates this grape

was developed by Nicholas Grein in

Hermann, Missouri in 1870. Due to the

lack of any alternative name, the

Committee report recommended

Missouri Riesling be included in the list

of prime names. It was proposed as a

prime name in Notice Nos. 581 and 749.

ATF received eight comments

addressing Missouri Riesling. All

respondents requested that since it is

not a true Riesling, and because it

contains a place name, ATF remove it

from the list of prime grape names.

Respondents suggested that the name be

replaced either with ‘‘Grein’’ or ‘‘Grein

Grape’’ in honor of Nicholas Grein who

developed the grape, or with ‘‘Missouri

Grape,’’ and that Missouri Riesling be

listed as an alternative name for a short

period of time.

ATF acknowledges that the Missouri

Riesling is not a true Riesling grape.

Nevertheless, it has been used as a wine

designation for a long period of time.

Since there is no evidence which

indicates that this grape has any other

known name, ATF is retaining the

prime name Missouri Riesling in § 4.91.

Emerald Riesling

The Committee report noted that this

grape is widely planted, but that it is a

crossbred variety and not the true

Riesling grape. In the absence of an

accepted alternative name, the

Committee recommended its continued

use as a prime name. Emerald Riesling

was proposed as a prime name in Notice

Nos. 581 and 749.

This grape was developed by

Professor H. P. Olmo at the University

of California, Davis in 1948, and is

identified as ‘‘Emerald Riesling (Olmo

1948).’’ It is a cross between the Riesling

grape and Muscadelle (Sauvignon vert).

Eight respondents commented on this

proposal. Seven noted that Emerald

Riesling is not a true Riesling grape and

this name should be listed as an

alternative name and phased out in the

future. These respondents suggested

that this grape be named ‘‘Olmo’’ in

honor of its developer, ‘‘Emerald’’ or

‘‘Emerald Grape,’’ or be given a new

commercial name. Wine World Estates

supported retaining Emerald Riesling as

a prime grape name.

ATF is listing Emerald Riesling as a

prime grape name for two reasons. First,

there is no other known name which

has been used; it is known to industry

and consumers only as Emerald

Riesling. ATF also retains this name

because, unlike other misnamed

Riesling varieties, this grape is directly

related to the Riesling. Thus, ATF is

listing Emerald Riesling as a prime

name for this grape in § 4.91.

Wa ̈lschriesling and Welschriesling

On the basis of the final Committee

report, both names were proposed as

prime names and synonyms in Notices

Nos. 581 and 749.

Nine respondents commented on this.

Eight agreed that this grape is not a true

Riesling, and that the prime name

should be changed. The German Federal

Republic noted that the naming of this

grape is primarily a European problem

since it is widely cultivated in

Southeastern Europe under various

names including ‘‘Laski Rizling,’’

‘‘Olasz Rizling,’’ ‘‘Rakusky Rizling,’’ and

‘‘Rizling Vlassky.’’ One respondent

suggested that the name should be

standardized as Welschriesling while

five others suggested using the

European name Welsch Rizling.

ATF is not aware that this grape has

been used in the United States to make

a varietal wine designated as

Wa ̈lschriesling or Welschriesling; thus

consumers are unfamiliar with either

name. ATF is thus adopting the

suggestion to use the name for this grape

commonly used in Europe, Welsch

Rizling. We believe this action will help

avoid consumer confusion since

consumers will be unlikely to confuse

wine labeled Welsch Rizling with wine

made from the White Riesling grape.

Thus, ATF is listing Welsch Rizling as

a prime name in § 4.91. Wa ̈lschriesling

and Welschriesling are listed in § 4.92(a)

as alternative names to be phased out by

January 1, 1997. This short phase out
532 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

period is provided due to lack of use of

either name at the present time.

Other Riesling Names

The final Committee report noted that

a few other grape varieties include the

name Riesling. Since none of these are

the true Riesling grape, it recommended

these other names be eliminated, and

specified Okanagon Riesling and

Siegfried Riesling as misleading names

for grapes which are not Rieslings. ATF

notes that Siegfried Riesling was

released in 1958 under the name

Siegfried which is included in the list

of prime grape names. We are not aware

of any other name by which Okanagon

Riesling has been called.

ATF did not propose Okanagon

Riesling, Siegfried Riesling, or any other

grape variety names which includes the

term ‘‘Riesling’’ as a prime grape name

in Notice Nos. 581 or 749. Franken

Riesling was proposed as an alternative

name for Sylvaner, to be phased out by

January 1, 1997.

Twelve respondents commented on

the use of other so-called Riesling

names. These respondents unanimously

supported excluding any other Riesling

grape names from the list of prime

names in § 4.91, and supported ATF’s

proposal to phase out Franken Riesling

in favor of Sylvaner by January 1, 1997.

These proposals are adopted.

Gamay Issues

Napa Gamay

This grape has a long history of

cultivation in California but its origin is

unclear. During the 1960’s, the

University of California at Davis

determined that this grape was the

French Gamay grape (Gamay noir). More

recent ampelographic studies have

disclosed that the grape called Napa

Gamay grape is not related to the French

Gamay.

The Committee report recommended

that Napa Gamay be proposed as an

alternative name to be phased out when

the grape’s true identity was

established. Notice No. 581 proposed

Napa Gamay as a prime grape name, but

noted that work was underway to

establish its true identity. Recent

ampelographic study has identified this

grape as Valdiguie ́, a French grape. Due

to the long-standing use of the name,

ATF proposed Napa Gamay as a

synonym for Valdiguie ́ in Notice No.

749. ATF solicited comments on

whether Napa Gamay should be

retained as a synonym for Valdiguie ́, or

whether the name Napa Gamay should

be phased out in the future.

Respondents submitted mixed

comments on this issue. Wine World

Estates and the California Association of

Winegrape Growers commented that

Napa Gamay should be retained as a

synonym for Valdiguie ́ due to its

historical use and consumer

recognition. The Embassy of France and

the INAO favored the phase out of Napa

Gamay as a prime name in favor of the

correct name Valdiguie ́. The OIV

commented in favor of phasing out the

term Napa Gamay in order to remove a

geographic term from a grape variety

name. Amity Vineyards pointed out that

the Napa Gamay grape is unrelated to

Gamay noir, and thus, ‘‘imposters’’ gain

a marketing advantage over persons

selling true varietal Gamay noir wine.

Based on the comments and the

recent identification of this grape

variety, ATF has decided to phase out

the name Napa Gamay. ATF finds that

Napa Gamay is seldom used for labeling

a varietal wine; more often it is used in

producing Gamay Beaujolais and other

non-varietal wines. Moreover, it is not a

Gamay grape; thus any use of the name

‘‘Gamay’’ for this grape is incorrect. This

grape now has been positively identified

as Valdiguie ́, although it is not widely

known by this name. In the interests of

accuracy in labeling, ATF is adopting

Valdiguie ́ as the prime name in § 4.91,

and Napa Gamay as an alternative name

in § 4.92(b) which may be used for

labeling wine until January 1, 1999.

Gamay Noir

The Committee recommended that the

grape variety Gamay be included as a

prime name in anticipation that wine

from the true Gamay grape would be

produced in the United States in the

future. Gamay was proposed as a prime

name in Notice No. 581. On the basis of

a comment submitted by the Oregon

Winegrowers Association, ATF

proposed Gamay noir, a shortened form

of the name Gamay noir a` jus blanc, as

its prime name in Notice No. 749. In

that notice, ATF stated that use of

Gamay noir would help distinguish

wine made from the true Gamay grape

from other wines which were labeled

‘‘Gamay’’ in the past.

ATF received no comments addressed

to the name Gamay noir, and it is

included in the list of prime grape

names. ATF further notes that we will

no longer approve American wine labels

which show only ‘‘Gamay’’ as a

designation. Future labels must show

Gamay noir if produced from the true

Gamay grape, or Napa Gamay if

produced from Valdiguie ́ and bottled

prior to January 1, 1999.

Gamay Beaujolais

ATF did not address the term Gamay

Beaujolais in Notice No. 749. That

notice stated that ATF had insufficient

information either to propose

eliminating use of the term Gamay

Beaujolais or to authorize its continued

use on a permanent basis.

Wine World Estates favored the

decision to defer action on use of the

term Gamay Beaujolais. The California

Association of Winegrape Growers

supported ATF’s current policy to

permit wine to be designated Gamay

Beaujolais if it is derived from not less

than 75 percent Pinot noir or Valdiguie ́

(Napa Gamay) grapes. Several other

respondents requested that ATF specify

a date by which use of the term Gamay

Beaujolais would be phased out in favor

of labeling these wines with the actual

grape variety. These respondents

included the Agricultural Counselor,

Embassy of France, the Union

Interprofessionnelle des Vins du

Beaujolais, the FEVS, the INAO, and

NABI.

ATF has made Gamay Beaujolais the

subject of a separate rulemaking

proceeding. See Notice No. 793, 59 FR

15878, April 5, 1994. In the interim,

ATF will permit domestic wineries to

use Gamay Beaujolais as a designation.

Such wine must derive at least 75

percent of its volume from Pinot noir,

from Valdiguie ́ (Napa Gamay), or from

a mixture of these grapes.

New Grape Variety Names

General

Five respondents requested the

inclusion of additional grape variety

names to the list of prime names in

§ 4.91. Two of them are newlydeveloped grape varieties; others are

European vinifera grapes which have

been introduced into viticultural use in

the United States. In Notice No. 749,

ATF also solicited information on a

number of grape varieties which were

not proposed as prime names.

Chardonel

Bruce Reisch, Department of

Horticultural Sciences, The New York

State Agricultural Experiment Station,

Cornell University at Geneva, requested

that Chardonel be added to the list of

prime names. He stated that Chardonel

is a cross between Seyval and

Chardonnay first made in 1953 at

Geneva. It was propagated in 1960 as

‘‘NY 45010’’ and later renamed ‘‘Geneva

White 9.’’ The grape was named

Chardonel by Cornell University in

1990, and has received U.S. Plant Patent

No. 7860, dated May 5, 1992.

According to Reisch, growers in

Maryland, New Jersey, Pennsylvania

and Missouri have expressed

satisfaction with the viticultural and
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 533

winemaking characteristics of

Chardonel. Wine was first made from

this grape in 1966. Currently, the grape

is cultivated in Pennsylvania, Michigan,

and Arkansas, and vines are available

from the New York State Fruit Testing

Cooperative Association, Geneva, and

from commercial nurseries. ATF has

given certificates of label approval to

wineries in several States for a

Chardonel wine. Accordingly, ATF is

adding Chardonel to the list of prime

grape names in § 4.91.

Golden Isles

R.H. Lane, Associate Professor of

Horticulture, the University of Georgia,

Agricultural Experiment Station,

requested that Golden Isles, another

newly-developed grape variety, be

included on the list of prime names.

Golden Isles is a bronze Muscadine

(Muscadinia rotundifolia) grape

developed at the University of Georgia

Agricultural Experiment Station, and is

a cross between Fry and Georgia 19–6

made in 1969. According to the

literature, Golden Isles produces a high

quality wine with less pronounced

Muscadine flavor than other bronze

Muscadine wines. Golden Isles vines are

commercially available.

ATF is adopting this comment and

adding Golden Isles to the list of prime

names in § 4.91.

Sereksiya

ATF requested information about the

variety ‘‘Sereksia.’’ This grape, a Vitis

vinifera, is a native of Russia, but has

been introduced into the United States

for viticultural use.

Bruce Reisch commented that

Sereksiya Chernaya is a blue grape from

the Soviet Union. He noted that it has

many old world synonyms (Bobyaska

Nyagra, Cheryi Redkii, Koldaursha,

Sassar, Stropatyi, Tsotlyar), but that the

correct name is ‘‘Sereksiya.’’ This grape

has been used by at least one New York

winery to make a varietal wine. Based

on this evidence, ATF is adding

Sereksiya to the list of prime grape

names in § 4.91.

Other Grape Varieties

Three respondents sought the

inclusion of other grape varieties on the

list of prime names. These varieties are

Vitis vinifera grapes which have been

introduced into viticultural use in the

United States in recent years and which

are now being used to make varietal

wines. The Millbrook Winery, Mount

Palomar Winery, and Guenoc Winery

requested inclusion of the following

vinifera varieties: ‘‘Arneis,’’

‘‘Carmene`re,’’ ‘‘Cortese,’’ ‘‘Corvina,’’

Ferna ̃o Pires,’’ ‘‘Freisa,’’ ‘‘Gros Verdot,’’

‘‘Roussanne,’’ ‘‘Teroldego,’’ ‘‘Tocai

Friulano,’’ and ‘‘Verdelho.’’

Arneis is a white wine grape native to

Italy’s Piedmont region. According to

the OIV, it has no synonyms in general

use. ATF has granted label approval to

at least one California winery for a

varietal Arneis wine. Due to its

introduction in the United States and

use in making wine, ATF is listing

Arneis as a prime grape name in § 4.91.

Carmene`re is a red wine variety

native to Bordeaux. The OIV lists no

synonyms in general use. It is listed as

a grape variety name for use under the

rules of the Oregon Liquor Commission.

Carmene`re is a Bordeaux grape which is

also used in Bordeaux-style blends

produced in the United States. Due to

its use in winemaking, ATF is listing

Carmene`re as a prime grape name in

§ 4.91.

Cortese is a white wine variety grown

in the Piedmont region of Italy. The OIV

lists no synonyms which are in

worldwide use. Mt. Palomar Vineyards

commented they currently grow two

acres of Cortese in their vineyard in

Temecula, CA, and will produce varietal

wine in the future. Due to its

introduction in the United States and

use in making wine, ATF is adding

Cortese to the list of prime grape names

in § 4.91.

Corvina, a red wine grape, is native to

the Ventio region of Italy where it is a

common element in Bardolino and

Valpolicella wines. In Italy this grape is

also known as ‘‘Corvina Veronese.’’

Corvina Veronese is a FPMS registered

grape selection, and is available for

commercial use in the United States.

Based on the use of this grape in

winemaking in the United States, ATF

is listing Corvina as a prime name in

§ 4.91, but without the geographic term

‘‘Veronese’’ which refers to the region in

Italy where the Corvina grape is

commonly grown.

Ferna ̃o Pires is a white grape native to

Portugal, but also grown in South

Africa. It is listed as a FPMS registered

grape selection. According to Millbrook

Winery, a small amount of Ferna ̃o Pires

has been planted in the United States.

ATF believes this grape variety is being

used in producing wine in the United

States, or will be used in the near future.

Thus, ATF is listing Ferna ̃o Pires as a

prime grape name in § 4.91.

Freisa is an Italian black grape.

According to the OIV, there are no

synonyms in worldwide usage. Freisa is

listed as a FPMS registered grape

selection. Millbrook Winery commented

that a small amount of Freisa has been

planted in at least two vineyards, and

they have produced wine from these

grapes. Due to its availability in the

United States and its use in making

wine, ATF is adding Freisa to the list of

prime names in § 4.91.

Gros Verdot is another red wine

variety native to Bordeaux. It is not

currently listed as an FPMS registered

grape selection although Guenoc Winery

stated they are growing this grape. ATF

believes that this grape will be used in

producing varietal wines. Consequently,

ATF is listing Gros Verdot as a prime

grape name in § 4.91.

Roussanne is a white wine variety

native to the Rhoˆne. The OIV lists use

of the synonym ‘‘Bergeron’’ in France.

Roussanne is not listed as an FPMS

registered grape selection, although it

has been used to produce wine in

California where plantings are as yet

limited. ATF has granted a certificate of

label approval to a California winery for

their Roussanne wine. Due to its

introduction in the United States and

use in making wine, ATF is listing

Roussanne as a prime name in § 4.91.

Teroldego is a red wine variety

indigenous to Italy’s northeast TrentoAlto Adige region where it is grown

almost exclusively on the Campo

Rotaliano plain north of Trento. The

OIV lists no synonyms in general use.

Teroldego is not listed as an FPMS

registered grape selection, although

there are small plantings in the United

States.

Millbrook Winery has stated that they

are producing a wine using Teroldego

grapes. Based on this evidence of usage,

ATF is adding Teroldego to the list of

prime names in § 4.91.

Tocai Friulano as its name implies is

a white wine grape native to the FriuliVenezia Giulia region of extreme

northwest Italy. The OIV lists several

synonyms including ‘‘Tokai,’’ ‘‘Tokay,’’

and ‘‘Sauvignonasse.’’ Tocai Friulano is

listed as an FPMS registered grape

selection and there are small plantings

in the United States. At least one winery

has been given a certificate of label

approval for a varietal Tocai Friulano

wine.

Due to its cultivation in the United

States and its use in winemaking, ATF

is including Tocai Friulano in the list of

prime grape names in § 4.91.

Verdelho is a white wine grape native

to Portugal which is widely used in

producing Port and Maderia wines. It is

also grown in Australia where it is used

in producing table wines. Verdelho is

listed as a registered grape selection by

the FPMS and is commercially available

at nurseries in the United States. Based

on this evidence, ATF is adding

Verdelho to the list of prime grape

names in § 4.91.

Pinotage, a red grape variety, is a

cross between Pinot noir and Cinsaut.
534 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

This grape is widely planted in South

Africa and in recent years small

amounts have been planted in the

United States. It is listed as a registered

grape variety by the FPMS, and is

commercially available. Pinotage is

currently used to make wine and ATF

has granted certificates of label approval

for varietal Pinotage wines. Although no

respondents requested the inclusion of

Pinotage in the list of prime grape

names, ATF is adding this grape to the

list based on its current use.

Early Muscat. Early Muscat is a

vinifera grape grown on the west coast

primarily as a table grape. Although

seldom employed in winemaking, a

number of wineries have produced a

varietal Early Muscat wine over the last

several years. The State of Oregon lists

Early Muscat as a permitted grape

variety designation, and this grape is

available through commercial nurseries.

Although no written comments were

received regarding variety, ATF is

including Early Muscat in the list of

prime grape names in § 4.91 on the

basis of its use in winemaking.

Fredonia is an older Vitis labrusca

grape. It has fallen out of favor in

producing a varietal wine in recent

years, but still enjoys use in

winemaking. ATF notes that it has

granted label approval recently to

wineries producing varietal Fredonia

wine. Although no respondents to

Notice No. 749 requested its inclusion,

ATF is including Fredonia in the list of

prime grape names in § 4.91.

Grape Variety Names Identical or

Similar to Appellations of Origin or

Foreign Geographic Terms

Backgound

Included in proposed § 4.91 were 13

grape variety names which six

respondents identified as being similar

or identical to recognized appellations

of origin within the European

Community. These respondents

including the EC, the Embassy of Spain

(Spain), the Embassy of the Republic of

France (France), the OIV, the FEVS, and

INAO identified the following proposed

grape variety names as being identical

or similar to recognized appellations of

origin within Europe.

Wine Grape Variety Appellation of Origin

(Nation)

Alicante Bouschet .... Alicante (Spain).

Aligote ́ ...................... Bourgogne Aligote ́

(France).

Carignane ................ Carin ̃ena (Spain).

Fume ́ blanc .............. Blanc Fume ́ de Pouilly

(France).

Johannisberg Riesling.Johannisberg (Germany).

Wine Grape Variety Appellation of Origin

(Nation)

Muscat Pantelleria ... Moscato di Pantelleria

(Italy).

Rosette ..................... Rosette (France).

Pinot Saint George .. Saint-Georges SaintEmilion (France).

St. Croix ................... Ste.-Croix Du-Mont

(France).

Saint Macaire ........... Cotes de Bordeaux

Saint-Macaire

(France).

Tinta Madeira ........... Madeira (Portugal).

Valdepen ̃as .............. Valdepen ̃as (Spain).

Vivant ....................... Romanee Saint-Vivant

(France)

These respondents objected to the

proposal to list these as prime grape

variety names on the basis that their use

on American wine labels would: (1) be

confusing and misleading to consumers

since the wines would not be produced

in the designated areas and would not

meet the appellation of origin

requirements; (2) comprise an erosion of

the foreign appellation of origin name;

and (3) be in violation of the exchange

of letters between the EC and United

States of July 26, 1983, which were

intended to prevent erosion of nongeneric designations of geographic

significance. Several respondents

rejected ATF’s argument made in Notice

No. 749 that use of these names was not

likely to result in consumer confusion

since the grape variety name would

always appear in direct conjunction

with an appellation of origin on a wine

label. Spain commented that the

authorization of three grape variety

names, ‘‘Alicante Bouschet,’’

‘‘Carignane,’’ and ‘‘Valdepen ̃ as,’’ would

hinder future ATF recognition of well

established appellations of origin, and

would negatively impact the sale of

Spanish wines in the U.S. market.

The EC, France, and the INAO did not

object to the use of Aligote ́ as a grape

variety name provided ATF prohibited

winemakers from using the terms

Aligote ́ and Burgundy (a semigeneric

designation under § 4.24(b)) together on

American wine labels. These

respondents believed this labeling could

be confused with the French appellation

of origin ‘‘Bourgogne Aligote ́.’’

The EC and OIV further noted that

some grape variety names in § 4.91

contain geographic terms which could

be confusing to consumers as to the

origin of wines. These names were in

addition to those cited as resembling

approved appellations of origin, and

included the following: Early Burgundy,

Flame Tokay, Green Hungarian, Muscat

of Alexandria, Muscat Canelli, Mataro,

Napa Gamay, and Naples. The OIV

suggested synonyms for these grapes

which do not contain geographic terms

and which they believe would be less

likely to confuse consumers.

Discussion

ATF set forth its position concerning

the use of grape variety names which

may be similar to foreign appellations of

origin in Notice No. 749. ATF stated

that there is no reason to deny use of a

grape variety name to American

winemakers simply because that name

bears a resemblance to a foreign name

of geographic significance. ATF believes

the requirement to use an appellation of

origin in direct conjunction with a grape

variety name will prevent confusion

between an American varietal wine and

a wine labeled with a foreign

appellation of origin. ATF believes this

requirement makes foreign wines

distinctive from American wines

bearing a grape variety name. We further

stated that any questions concerning the

potential for consumer confusion as to

the identity of wine which may arise

when a foreign geographic term is

similar or identical to a varietal name

would be resolved by ATF on a case-bycase basis.

ATF’s position on this matter has not

changed. Thus, ATF is not removing

any grape variety names from the lists

in §§ 4.91 and 4.92 merely because they

are similar to foreign appellations of

origin or contain geographic terms. The

following names proposed in § 4.91 are

adopted: Alicante Bouschet, Aligote ́,

Carignane, Early Burgundy, Flame

Tokay, Fume ́ blanc, French Colombard,

Green Hungarian, Mataro, Muscat of

Alexandria, Muscat Canelli, Naples,

Rosette, St. Croix, Saint Macaire, Tinta

Madeira, Valdepen ̃ as, and Vivant.

Specific Actions

The EC, France, FEVS, and the INAO

supported the proposal to eliminate use

of the name Saint Emilion, and to phase

out use of the names Franken Riesling,

Pineau de la Loire, and Muscat

Frontignan.

In Notice No. 749 ATF noted that the

name Saint Emilion is not in

widespread use in the United States and

that this grape is well known by other

names. Thus, Saint Emilion is not

included in the lists of grape names in

§§ 4.91 or 4.92. Trebbiano is listed in

§ 4.91 as the prime name and Ugni blanc

as a synonym for this grape in § 4.92.

The alternative names Pineau de la

Loire and Franken Riesling remain in

the list at § 4.92(a) to be phased out by

1997 in favor of the names Chenin blanc

and Sylvaner.

ATF proposed Muscat blanc as a

prime name in § 4.91 while Muscat

Frontignan was proposed as an
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 535

alternative name to be phased out in

1996. Heublein commented that their

Beaulieu Vineyard facility has produced

Muscat Frontignan since 1920 and

stated that it was important to the

company to retain this designation.

Wine World Estates also commented in

favor of retaining Muscat Frontignan as

a grape variety name.

ATF agrees that this name has been

used in labeling wines for decades in

the United States, and it has received a

degree of consumer recognition.

Nevertheless, ATF finds that the name

Muscat Canelli is in far more

widespread use at the present time for

labeling domestic wines. Moreover, one

goal of this rulemaking is to reduce the

large number of synonyms in use. Thus,

ATF is phasing out the name Muscat

Frontignan as proposed in Notice No.

749. However, in view of its

longstanding use and the time required

to change labels and advertising to

Muscat blanc or Muscat Canelli, ATF

has decided to permit the use of Muscat

Frontignan as a grape variety

designation for an additional period of

time. Thus, Muscat Frontignan is added

to the list of alternative names

appearing at § 4.92(b). It may be used as

a designation until January 1, 1999.

On review of the comments and

literature concerning the proposed

prime grape name Pinot St. George, ATF

finds that a more accurate name for this

grape is Ne ́grette. Moreover, this grape

is not a Pinot although it was once

misidentified as Pinot noir.

Consequently, ATF finds that Pinot St.

George is an incorrect name for this

grape. As a result, we are removing this

name from § 4.91 and replacing it with

the prime name Ne ́grette. Pinot St.

George is listed in § 4.92(b) as an

alternative name to be phased out by

January 1, 1999.

On examination of the proposed

prime grape name Muscat Pantelleria,

ATF finds no evidence that this is a

distinct grape variety. Instead, all

evidence indicates this is a Muscat wine

associated with the island of Pantelleria

off of Sicily and well known as

‘‘Moscato di Pantelleria.’’ The grape

from which Moscato di Pantelleria

wines are made is actually the Zibibbo

or Muscat of Alexandria grape.

Therefore, Muscat Pantelleria is

removed from the list of prime grape

names in § 4.91 and added to § 4.92(b)

as an alternative name for Muscat of

Alexandria to be phased out by January

1, 1999.

Type Designations of Varietal

Significance

In Notice No. 749, ATF proposed a

new category for designating American

wine, type designations of varietal

significance. These designations apply

to wines which are composed of a

mixture of specific grape varieties, but

which do not contain enough of a single

variety to qualify for a varietal

designation (75 percent). Nevertheless,

these wines demonstrate characteristics

of the grape varieties used to produce

them and their names imply some grape

variety source. For example, under

proposed § 4.28, a wine labeled

Muscatel is required to derive at least 75

percent of its volume from any Muscat

grape source and otherwise conform to

the definition for Muscatel at

§ 4.21(a)(3). Wine designations in § 4.28

may stand alone on a label as the class

and type designation of a grape wine.

ATF also proposed amending § 4.34 to

require that an appellation of origin

appear in direct conjunction with these

type designations.

Three designations were proposed. In

addition to Muscatel, Scuppernong was

proposed as an American wine deriving

not less than 75 percent of its volume

from bronze Muscadinia rotundifolia

grapes, and Muscadine was proposed as

an American wine deriving at least 75

percent of its volume from any

Muscadinia rotundifolia grape source.

William F. Doering and Wine World

Estates commented in favor of these

proposals. Since there were no other

comments, ATF is adopting § 4.28

containing these designations.

Several respondents requested that

Riesling be added to this category to

designate a wine made with any

‘‘Riesling’’ grapes. ATF is not adopting

this comment. See the discussion under

‘‘Riesling issues.’’

The EC commented that ATF should

not permit variety names for Muscat

grapes which incorporate foreign

geographic terms. Specifically, they

requested that ATF not list the names

Muscat Canelli, Muscat du Moulin,

Muscat Hamburg, Muscat of Alexandria,

Muscat Pantelleria, and Muscat Ottonel.

In lieu of these grape variety names, the

EC requested that the full name of the

grape ‘‘Muscat blanc a` petit grains’’ be

used, or that the general label term

‘‘Muscat’’ be permitted.

This final rule authorizes Muscat

variety names which incorporate foreign

geographic terms since we find these

names are recognized as distinct grape

varieties. ATF is, however, responding

to the EC request by permitting use of

the term ‘‘Muscat’’ or ‘‘Moscato’’ as a

labeling designation. ATF believes these

terms have widespread consumer

recognition as a wine derived from

Muscat grapes. We further find that

many domestic wine labels exist which

use the designations Muscat or Moscato

to indicate a Muscat grape source but

not a specific Muscat grape variety.

ATF is amending § 4.28 to include

Muscat and Moscato as type

designations of varietal significance to

designate a wine which derives 75

percent of its volume from any Muscat

grape source. Wines designated Muscat

or Moscato under this section are not

required to meet the additional

requirements imposed on Muscatel

wines by § 4.21(a)(3). An appellation of

origin must appear in direct conjunction

with the designation Muscat or Moscato.

Proprietary Names and Descriptive

Terms

Notice No. 581

In its final report, the Committee

noted that certain wines, which to the

uninformed would appear to be varietal

wines, are in fact, labeled with

registered proprietary names. The

Committee suggested that ATF should

decline to approve such labels in the

future, and should phase out existing

approvals of these labels. This

suggestion was incorporated into Notice

No. 581 which proposed that only the

approved grape variety name could be

used as a varietal designation, without

modification. Accordingly, proprietary

names and color descriptors would need

to be shown separately on the label.

This proposal would have prohibited

the use of a designation such as ‘‘White

Zinfandel,’’ but would have permitted a

label reading ‘‘Zinfandel’’ on one line

with the description ‘‘A White Wine

Made From Zinfandel Grapes’’ on a

separate line.

Written Comments

This proposal was the most

controversial issue raised in Notice No.

581. Ninety-five respondents objected to

it and in doing so, most respondents

objected to Notice No. 581 in its

entirety.

Consumers and wineries alike

commented that the use of color or style

descriptors is a significant aid to

consumers in selecting wines. Qualifiers

such as ‘‘white,’’ ‘‘blush,’’ ‘‘blanc,’’

‘‘noir,’’ ‘‘nouveau,’’ or ‘‘rose ́’’ describe

the style of wine and enable consumers

to differentiate between wines of the

same varietal origin but produced in

different styles. Wineries cited the

economic importance of ‘‘blush wines.’’

Some respondents stated that adoption

of this proposal would severely damage

the market for Zinfandel grapes. As a

consequence, respondents claimed the

proposal would have a far reaching and

devastating impact on grapegrowers,

wineries and consumers. A few

respondents cited the lack of need or
536 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

justification for this proposal, and the

lack of consumer confusion over use of

such terms.

Similarly, respondents objected to the

proposal to prohibit the use of strictly

proprietary terms with grape variety

names. Proprietary names, unlike

descriptive terms, consist of a registered

name used to differentiate a

winemaker’s varietal wine from similar

wines made by other winemakers.

Notice No. 749

In view of the preponderance of

comments opposing a prohibition on the

use of proprietary and descriptive terms

in conjunction with varietal

designations, ATF did not include this

proposal in Notice No. 749. ATF stated

that we would take the position that

label designations which incorporate

proprietary or descriptive terms are

misleading if their use results in

consumer deception.

Comments to Notice No. 749

Only six respondents commented on

the use of proprietary and descriptive

terms with grape variety names. The

Wine Institute, NABI, Wine World

Estates, and Cain Cellars fully supported

ATF’s position not to prohibit their use.

William F. Doering stated that the

proposal is sensible, but that some

existing proprietary names are

misleading and that ATF should deal

with these names on a case-by-case

basis. The Wine Institute requested that

ATF seek to secure acceptance of some

of these terms, such as White Zinfandel,

on a worldwide basis to assist the

international sales of American wines.

This aspect of their comment is beyond

the scope of this rulemaking.

Professor H.P. Olmo, The University

of California, Davis, and a Committee

member, objected to the proposal to

permit use of descriptive terms with

variety names. He stated that to allow

such use would nullify the concept of

grape variety classification, and would

confuse grape variety names with a

wine type. He further stated that to

permit them would cause the

multiplication and falsification of grape

variety names and cause the mistrust of

grape variety names.

Conclusion

Respondents to this notice as well as

to Notice No. 581 have demonstrated

the value of proprietary names and

descriptive terms in providing the

consumer with useful information. ATF

further acknowledges the economic

importance that wines labeled with

descriptive terms such as ‘‘blush’’ or

‘‘White Zinfandel’’ have to the

American wine industry. Finally, ATF

is not aware of any consumer confusion

or deception resulting from the use of

descriptive terms with grape variety

names on labels, and ATF does not

believe that consumers need to be

protected from such labeling.

Thus, ATF will continue to permit the

use of descriptive and proprietary

names on labels in conjunction with

grape variety names. ATF will, however,

examine labels to ensure that such terms

are not used in a manner that is

deceptive or misleading.

Approval of Future Variety Names

One part of the Committee’s charter

was to recommend guidelines for the

wine industry and ATF to follow in

determining the appropriateness of

names suggested in the future for new

grape varieties. The Committee’s

recommended guidelines were

incorporated into Notice No. 581.

As proposed, a letterhead application

to the Director would be sufficient to

request approval of a new grape variety

name. Evidence regarding the name, its

use in winemaking, and its cultivation

in the United States would be submitted

as part of the application. Supporting

evidence such as a plant patent, acreage

information, and scientific references

would also be required.

In addition to outlining the procedure

for applying for a grape variety name,

the Committee made recommendations

regarding suitability of new names. As

proposed in Notice No. 581, a new grape

variety name could not contain words of

geographical significance; could not

have been previously used for another

variety; could not contain foreign

words; could not contain misleading

names; and could not contain

‘‘Riesling’’ as part of the name.

On the basis on comments made to

Notice No. 581, ATF made certain

changes in the procedures for approval

of new grape variety names. These were

incorporated in proposed § 4.93 in

Notice No. 749. Since there were no

comments directed to this section, it is

adopted as proposed.

Paragraph (a) gives the procedure

used to petition the Director for

approval of a grape variety name. This

procedure applies in the case of newlydeveloped grape varieties as well as for

existing varieties which come into use

for wine production in the United

States.

Paragraph (b) sets forth evidence

necessary to document a newlydeveloped grape variety.

Paragraph (c) sets forth standards for

the approval of any grape name. Names

will not be approved if they have

previously been used for a different

grape variety, if they are misleading

under § 4.39, or if they contain the word

‘‘Riesling.’’

Paragraph (d) gives the Director the

authority to make a case-by-case

determination whether a requested

grape variety name would be

misleading. Under this paragraph, the

Director has authority to make a

determination whether grape variety

names containing words of geographic

significance, place names, or foreign

words are misleading under § 4.39.

Variety names found to be misleading

would not be approved by the Director.

This section does not prohibit use of

such terms in grape variety names if

their use is found by the Director not to

be misleading.

ATF notes that it is not the intent of

§ 4.93(d) to prohibit the use of

established grape variety names which

may contain terms of geographic

significance, place names, or foreign

words, but rather to discourage the use

of these kinds of terms in naming new

grape varieties. This paragraph applies

to grape varieties developed in the

United States, but does not apply to

existing grape varieties growing in

foreign countries and which are

introduced into viticultural use in the

United States.

Paragraph (e) provides that the

Director will publish the list of

approved names annually in the Federal

Register. This publication will inform

consumers and wineries of periodic

changes to the list of approved names

without formally amending §§ 4.91 or

4.92 every time a name is added. From

time to time, ATF will incorporate

published changes to the list into

§§ 4.91 or 4.92. ATF will not use

Federal Register publication as a means

to avoid rulemaking on names which

may be controversial.

Text of Regulations

List of Prime Names, § 4.91

Section 4.91 contains the list of

approved prime grape variety names.

These names may be used as the label

designation of American wines. Only

the prime grape name appears in the

alphabetical listing while approved

synonyms and spelling variants appear

in parentheses following the prime

name of the grape. Synonyms and

spelling variants may, however, be used

standing alone on a label as the

designation for American grape wines.

For example, ‘‘Riesling’’ is a listed as a

prime name, with the synonym ‘‘White

Riesling’’ following in parentheses.

Either name may be used as a label

designation for wine made from White

Riesling grapes.
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 537

Section 4.23

Notice No. 749 contained the full text

of a new § 4.23, Varietal (grape type)

labeling. This text was included because

ATF is removing existing § 4.23 which

does not apply after December 31, 1982,

and replacing it with a new section

applicable after that date. This new

section formerly appeared at § 4.23a.

The only significant change between

existing § 4.23a and the new § 4.23 is

the incorporation of a reference to new

§ 4.28, Type designations of varietal

significance. The use on a label of a type

designation of varietal significance will

require an appellation of origin to

appear in direct conjunction with it

such as ‘‘Georgia Scuppernong’’ or

‘‘California Muscatel.’’

Section 4.34, Class and Type

This section is amended to permit a

type designation of varietal significance

listed in § 4.28 to be used as a class and

type designation for American wine.

Spelling, Capitalization and

Punctuation

The Chicago Wine School submitted a

comment correcting certain diacritical

marks as they appeared in the list of

prime names in § 4.91. Based on this

comment, ATF has corrected the

diacritical marks for Alvarelha ̃o and

Mourve`dre in § 4.91.

With the effective date of this final

rule, bottlers are required to spell grape

variety names as they appear in the lists

in §§ 4.91 and 4.92 since this

rulemaking is intended to standardize

grape variety names to the maximum

extent possible. When a variant spelling

is recognized, that spelling appears in

parentheses following the prime name.

Other variant spellings will not be

permitted unless approved by the

Director.

Wine World Estates supported ATF’s

proposal not to require upper or lower

case type for grape variety names. This

position is reflected in this section

which permits wine variety names to

appear either capitalized or in lower

case, and to appear in any style or type

which is conspicuous and meets the

minimum type size requirements. Grape

variety names may be spelled with or

without diacritical marks (umlauts,

accent marks, hyphens, or tildes). ATF

believes these policies, incorporated in

the text of § 4.91, will afford bottlers

maximum flexibility when designing

labels.

Regulatory Flexibility Act Issues

Thomas P. Kerester, Chief Counsel for

Advocacy of the Small Business

Administration (‘‘SBA’’), submitted two

comments to Notice No. 749. The first

stated that ATF’s certification under the

Regulatory Flexibility Act, 5 U.S.C.

§ 605, did not contain a succinct

statement explaining the reasons for the

certification as required by the Act. His

second comment expressed concerns

the SBA found with the proposed rule,

and he stated that adoption of a final

rule could be disadvantageous to small

wineries.

Kerester noted that phasing out of

some alternative grape variety names

would prohibit their continued use by

small wineries. However, some of these

names are available for use by

winemakers in other nations. Hence, he

stated that consumers accustomed to

use of these names would seek imported

wines bearing the familiar names, to the

detriment of large and small domestic

wine producers.

Next, he stated that some wineries

may be forced to make operational

changes in response to the proposals.

For some small wineries, he stated this

would require a $300,000 to $500,000

investment and require three to five

years time. This would disadvantage

small wineries which have invested in

certain grape varieties, while larger

wineries could more easily adapt to the

changes.

Finally, Kerester requested that ATF

consider the extent to which the

changes would inhibit creativity and

innovation, and whether the restricting

of names would constitute a precedent

which could be detrimental to small

producers. As a result of these concerns,

Kerester suggested that ATF prepare a

regulatory flexibility analysis before

issuing the final regulations.

ATF does not believe that consumers

will be driven to the purchase of

imported wines simply because certain

grape variety names are not available to

domestic wineries. There are thousands

of grape variety names used in

producing wines worldwide. The

current OIV list contains 71 pages of

grape names and synonyms which are

in use in 27 winemaking nations. ATF

believes it would be hopelessly

confusing to consumers to permit

domestic winemakers to use all

available synonyms for labeling wines.

Through the Committee’s work and this

rulemaking effort, ATF has selected the

most appropriate prime name for each

specific grape used in winemaking; the

majority of other names are to be phased

out. For the most part, the names being

phased out are little used by domestic

wineries and have limited consumer

recognition. Some alternative names

apply to American grape varieties for

which there is no imported competition.

Furthermore, due to written comments

in response to both notices, we have

authorized synonyms for some grape

varieties because these names are

widely used by domestic wineries and

have received a degree of consumer

acceptance.

ATF has provided a lengthy period for

phasing out the use of alternative grape

variety names. ATF first proposed their

elimination in Notice No. 581,

published in September 1986. These

names are phased out in 1996. Names

newly added to the list of alternative

names may be used until 1999. Thus,

ATF has provided ample time for the

conversion of labeling and advertising

to the prime grape variety names listed

in § 4.91.

ATF is aware that domestic wineries

compete against foreign wineries and

that grape variety names used in

labeling are a factor in such

competition. In this final rule, ATF lists

Riesling as a prime grape name. This

action is made in part because nearly all

imported wines are labeled simply

Riesling rather than Johannisberg

Riesling or White Riesling. By listing

Riesling as a prime name, ATF is

placing domestic wineries on an equal

footing with foreign wineries in the

labeling of this important worldwide

varietal wine. ATF has also authorized

a few other synonyms such as Pinot

Grigio which is the name used in

labeling certain wines produced in

foreign nations and which compete

directly against American wines made

from the same grapes.

As a result of these actions, ATF does

not believe that large or small domestic

wineries will lose sales of varietal wines

to foreign wineries simply because

certain names are not available for use

in labeling.

No other respondents to Notice No.

749 commented that small wineries

would need to make any operational

changes in response to those proposals,

nor did any other respondents allege

that small wineries would bear

exorbitant costs associated with the

phase out of certain grape variety

names. In conjunction with one

proposal made in Notice No. 581,

numerous respondents stated they

would incur large costs and suffer

market share loss due to the proposed

prohibition on use of descriptive or

proprietary terms with grape variety

names. ATF removed this proposal from

Notice No. 749.

Respondents to Notice No. 749 cited

only one issue as raising Regulatory

Flexibility Act concerns. ATF, however,

does not believe that issue is a result of

the proposals concerning grape variety

names. As documented elsewhere,

growers in California have long grown a

grape identified as ‘‘Pinot blanc.’’
538 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Recent ampelographic evidence reveals

that this grape is actually the variety

Melon. Thus, these grapes are

improperly identified; moreover, the use

of the name Pinot blanc for Melon

grapes is misleading to consumers since

the true Pinot blanc grape is now grown

in the United States and is used to label

varietal wines. To provide accurate

identification of wine for consumers,

‘‘Pinot blanc’’ grapes in California must

be redesignated with their proper name,

Melon or Melon de Bourgogne.

Redesignation of these grapes is an

enforcement issue and not a result of

this rulemaking. While there are costs

associated with redesignating these

grapes, ATF does not believe that these

costs are a result of this final rule.

ATF does not agree with the SBA

comment that the changes in this notice

would restrict creativity and innovation

in labeling wines, to the extent such

labeling is truthful and accurate. As

noted elsewhere, ATF is not restricting

or prohibiting use of descriptive or

proprietary terms in conjunction with

grape variety names. ATF believes use

of these terms is a primary method of

innovative labeling of grape variety

names.

For the reasons elaborated above, ATF

does not believe this final rule will have

a substantial economic effect on small

entities. Thus, ATF is not preparing an

initial or final Regulatory Flexibility

Analysis.

Effective Dates

With the effective date of this final

rule, the name of a grape variety may

not be used as a type designation for an

American wine unless it is approved by

the Director and listed in §§ 4.91 or

4.92, or listed in an annual Federal

Register listing of grape variety names.

Grape variety names appearing on the

list of alternative names at § 4.92(a) may

be only used as the type designations for

American wines bottled before January

1, 1997. Grape variety names appearing

at § 4.92(b) may only be used as type

designations for American wines bottled

before January 1, 1999.

The procedure at § 4.93 for petitioning

the Director to approve additional grape

variety names is effective 30 days after

publication of this final rule.

Regulatory Flexibility Act

It is hereby certified that this

regulation will not have a significant

economic impact on a substantial

number of small entities. As discussed

elsewhere in this preamble, this final

rule will not impose recordkeeping or

reporting burdens on small entities. The

standardization of grape variety names

will affect labeling and marketing of

wines both by large and small wineries,

but is not projected to have a substantial

economic impact on small wineries.

This final rule will not: (1) impose, or

otherwise cause, a significant increase

in the reporting, recordkeeping, or other

compliance burdens on a substantial

number of small entities, or (2) have

significant secondary or incidental

effects on a substantial number of small

entities. Accordingly, a regulatory

flexibility analysis is not required.

Executive Order 12866

It has been determined that this rule

is not a significant regulatory action,

because (1) It will not have an annual

effect on the economy of $100 million

or more or adversely affect in a material

way the economy, a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or state, local, or tribal

governments or communities; (2) Create

a serious inconsistency or otherwise

interfere with an action taken or

planned by another agency; (3)

Materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; or (4) Raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

Paperwork Reduction Act

The collection of information

contained in this final rule has been

reviewed and approved by the Office of

Management and Budget (OMB) in

accordance with the requirements of the

Paperwork Reduction Act of 1980 (44

U.S.C. 3504(h)) under control number

1512–0513. The estimated annual

reporting and/or recordkeeping burden

is 4 hours. Estimated total annual

burden per record-keeper is 2 hours.

The estimated number of respondents is

two. The estimated annual frequency of

responses is one.

This final rule creates a new

letterhead notice to be used by

respondents in petitioning ATF to add

grape variety names to the list of

approved prime grape names in § 4.91.

The collection of information in this

regulation is in the following section: 27

CFR 4.93. This information is used by

ATF in order to verify that the grape

variety name petitioned for is the name

of the identified grape, that the grape is

a available for viticultural use in the

United States, and that the name to be

used will not be misleading or

deceptive. The likely respondents are

businesses and other for-profit

institutions, non-profit institutions, and

small businesses or organizations.

In response to Notice No. 749, no

comments regarding the proposed

information collection requirement were

received either by the Chief, Information

Programs Branch, Bureau of Alcohol,

Tobacco and Firearms, or by the OMB

Desk Officer for the Bureau of Alcohol,

Tobacco and Firearms.

Comments concerning the accuracy of

this burden estimate should be directed

to the Chief, Information Programs

Branch, Room 3400, Bureau of Alcohol,

Tobacco and Firearms, 650

Massachusetts Avenue, NW,

Washington, DC 20226, and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Washington, D.C. 20503;

Attention: Desk Officer for the Bureau of

Alcohol, Tobacco and Firearms.

Drafting Information

The principal author of this document

is Charles N. Bacon, Wine, Beer, and

Spirits Regulations Branch, Regulatory

Enforcement, 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, 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 4.23 is revised to read

as follows:

§ 4.23 Varietal (grape type) labeling.

(a) General. The names of one or more

grape varieties may be used as the type

designation of a grape wine only if the

wine is also labeled with an appellation

of origin as defined in § 4.25a.

(b) One variety. Except as provided in

paragraph (c) of this section, the name

of a single grape variety may be used as

the type designation if not less than 75

percent of the wine is derived from

grapes of that variety, the entire 75

percent of which was grown in the

labeled appellation of origin area.

(c) Exceptions. (1) Wine made from

any Vitis labrusca variety (exclusive of

hybrids with Vitis labrusca parentage)

may be labeled with the variety name if:

(i) Not less than 51 percent of the

wine is derived from grapes of the

named variety;

(ii) The statement ‘‘contains not less

than 51 percent (name of variety)’’ is

shown on the brand label, back label, or
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 539

a separate strip label, (except that this

statement need not appear if 75 percent

or more of the wine is derived from

grapes of the named variety); and

(iii) The entire qualifying percentage

of the named variety was grown in the

labeled appellation of origin area.

(2) Wine made from any variety of any

species found by the Director upon

appropriate application to be too

strongly flavored at 75 percent

minimum varietal content may be

labeled with the varietal name if:

(i) Not less than 51 percent of the

wine is derived from grapes of that

variety;

(ii) The statement ‘‘contains not less

than 51 percent (name of variety)’’ is

shown on the brand label, back label, or

a separate strip label (except that this

statement need not appear if 75 percent

or more of the wine is derived from

grapes of the named variety); and

(iii) The entire qualifying percentage

of the named variety was grown in the

labeled appellation of origin area.

(d) Two or more varieties. The names

of two or more grape varieties may be

used as the type designation if:

(1) All of the grapes used to make the

wine are of the labeled varieties;

(2) The percentage of the wine

derived from each variety is shown on

the label (with a tolerance of plus or

minus 2 percent); and

(3)(i) If labeled with a multicounty

appellation of origin, the percentage of

the wine derived from each variety from

each county is shown on the label; or

(ii) If labeled with a multistate

appellation of origin, the percentage of

the wine derived from each variety from

each state is shown on the label.

(e) List of approved variety names.

Effective February 7, 1996, the name of

a grape variety may be used as a type

designation for an American wine only

if that name has been approved by the

Director. A list of approved grape

variety names appears in Subpart J of

this part.

§ 4.23a [Removed]

Par. 3. Section 4.23a is removed.

Par. 4. Subpart C is amended by

adding § 4.28 to read as follows:

§ 4.28 Type designations of varietal

significance.

The following are type designations of

varietal significance for American wine.

These names may be used as type

designations for American wines only if

the wine is labeled with an appellation

of origin as defined in § 4.25a.

(a) Muscadine. An American wine

which derives at least 75 percent of its

volume from Muscadinia rotundifolia

grapes.

(b) Muscatel. An American wine

which derives its predominant taste,

aroma, characteristics and at least 75

percent of its volume from any Muscat

grape source, and which meets the

requirements of § 4.21(a)(3).

(c) Muscat or Moscato. An American

wine which derives at least 75 percent

of its volume from any Muscat grape

source.

(d) Scuppernong. An American wine

which derives at least 75 percent of its

volume from bronze Muscadinia

rotundifolia grapes.

Par. 5. Section 4.34 is amended by

revising the second sentence of

paragraph (a); by revising paragraph

(b)(1); by redesignating paragraphs (b)

(2), (3), and (4), as paragraphs (b) (3), (4),

and (5), respectively; and by adding a

new paragraph (b)(2), to read as follows:

§ 4.34 Class and type.

(a) * * * In the case of still grape

wine there may appear, in lieu of the

class designation, any varietal (grape

type) designation, type designation of

varietal significance, semigeneric

geographic type designation, or

geographic distinctive designation, to

which the wine may be entitled. * * *

(b) * * *

(1) A varietal (grape type) designation

is used under the provisions of § 4.23;

(2) A type designation of varietal

significance is used under the

provisions of § 4.28;

* * * * *

Par. 6. Subpart J is added to read as

follows:

Subpart J—American Grape Variety Names

Sec.

4.91 List of approved prime names.

4.92 Alternative names permitted for

temporary use.

4.93 Approval of grape variety names.

Subpart J—American Grape Variety

Names

§ 4.91 List of approved prime names.

The following grape variety names

have been approved by the Director for

use as type designations for American

wines. When more than one name may

be used to identify a single variety of

grape, the synonym is shown in

parentheses following the prime grape

names. Grape variety names may appear

on labels of wine in upper or in lower

case, and may be spelled with or

without the hyphens or diacritic marks

indicated in the following list.

Agwam

Albemarle

Aleatico

Alicante Bouschet

Aligote ́

Alvarelha ̃o

Arneis

Aurore

Bacchus

Baco blanc

Baco noir

Barbera

Beacon

Beclan

Bellandais

Beta

Black Pearl

Blanc Du Bois

Blue Eye

Bonarda

Bountiful

Burdin 4672

Burdin 5201

Burdin 11042

Burgaw

Burger

Cabernet franc

Cabernet Pfeffer

Cabernet Sauvignon

Calzin

Campbell Early (Island Belle)

Canada Muscat

Captivator

Carignane

Carlos

Carmene`re

Carmine

Carnelian

Cascade

Castel 19–637

Catawba

Cayuga White

Centurion

Chambourcin

Chancellor

Charbono

Chardonel

Chardonnay

Chasselas dore ́

Chelois

Chenin blanc

Chief

Chowan

Cinsaut (Black Malvoisie)

Clairette blanche

Clinton

Colombard (French Colombard)

Colobel

Cortese

Corvina

Concord

Conquistador

Couderc noir

Cowart

Creek

Cynthiana (Norton)

Dearing

De Chaunac

Delaware

Diamond

Dixie

Dolcetto

Doreen

Dulcet

Durif
540 Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations

Dutchess

Early Burgundy

Early Muscat

Edelweiss

Eden

Ehrenfelser

Ellen Scott

Elvira

Emerald Riesling

Feher Szagos

Ferna ̃ o Pires

Fern Munson

Flame Tokay

Flora

Florental

Folle blanche

Fredonia

Freisa

Fry

Furmint

Gamay noir

Garronet

Gewu ̈rztraminer

Gladwin 113

Glennel

Gold

Golden Isles

Golden Muscat

Grand Noir

Green Hungarian

Grenache

Grignolino

Grillo

Gros Verdot

Helena

Herbemont

Higgins

Horizon

Hunt

Iona

Isabella

Ives

James

Jewell

Joannes Seyve 12–428

Joannes Seyve 23–416

Kerner

Kay Gray

Kleinberger

LaCrosse

Lake Emerald

Lambrusco

Landal

Landot noir

Lenoir

Le ́on Millot

Limberger (Lemberger)

Madeline Angevine

Magnolia

Magoon

Malbec

Malvasia bianca

Mare ́chal Foch

Marsanne

Melody

Melon de Bourgogne (Melon)

Merlot

Meunier (Pinot Meunier)

Mish

Mission

Missouri Riesling

Mondeuse (Refosco)

Montefiore

Moore Early

Morio-Muskat

Mourve`dre (Mataro)

Mu ̈ ller-Thurgau

Mu ̈ nch

Muscadelle

Muscat blanc (Muscat Canelli)

Muscat du Moulin

Muscat Hamburg (Black Muscat)

Muscat of Alexandria

Muscat Ottonel

Naples

Nebbiolo

Ne ́grette

New York Muscat

Niagara

Noah

Noble

Norton (Cynthiana)

Ontario

Orange Muscat

Palomino

Pamlico

Pedro Ximenes

Petit Verdot

Petite Sirah

Peverella

Pinotage

Pinot blanc

Pinot gris (Pinot Grigio)

Pinot noir

Precoce de Malingre

Pride

Primitivo

Rayon d’Or

Ravat 34

Ravat 51 (Vignoles)

Ravat noir

Redgate

Regale

Riesling (White Riesling)

Rkatziteli (Rkatsiteli)

Roanoke

Rosette

Roucaneuf

Rougeon

Roussanne

Royalty

Rubired

Ruby Cabernet

St. Croix

Saint Macaire

Salem

Salvador

Sangiovese

Sauvignon blanc (Fume ́ blanc)

Scarlet

Scheurebe

Se ́millon

Sereksiya

Seyval (Seyval blanc)

Siegerrebe

Siegfried

Southland

Souza ̃o

Steuben

Stover

Sugargate

Sultanina (Thomspon Seedless)

Summit

Suwannee

Sylvaner

Symphony

Syrah (Shiraz)

Swenson Red

Tarheel

Taylor

Tempranillo (Valdepen ̃ as)

Teroldego

Thomas

Thompson Seedless (Sultanina)

Tinta Madeira

Tinto ca ̃o

Tocai Friulano

Topsail

Touriga

Traminer

Trousseau

Trousseau gris

Ugni blanc (Trebbiano)

Valdiguie ́

Valerien

Van Buren

Veeblanc

Veltliner

Ventura

Verdelet

Verdelho

Vidal blanc

Villard blanc

Villard noir

Vincent

Viognier

Vivant

Welsch Rizling

Watergate

Welder

Yuga

Zinfandel

§ 4.92 Alternative names permitted for

temporary use.

The following alternative names

shown in the left column may be used

as the type designation for American

wine in lieu of the prime name of the

grape variety shown in the right

column. Alternative names listed in the

left column may only be used for wine

bottled prior to the date indicated.

(a) Wines bottled prior to January 1,

1997.

Alternative Name/Prime Name

Baco 1—Baco noir

Baco 22A—Baco blanc

Bastardo—Trousseau

Black Spanish—Lenoir

Burdin 7705—Florental

Cayuga—Cayuga White

Chancellor noir—Chancellor

Chasselas—Chasselas dore ́

Chevrier—Se ́millon

Chelois noir—Chelois
Federal Register / Vol. 61, No. 5 / Monday, January 8, 1996 / Rules and Regulations 541

Couderc 71–20—Couderc noir

Couderc 299–35—Muscat du Moulin

Foch—Mare ́chal Foch

Franken Riesling—Sylvaner

Gutedel—Chasselas dore ́

Ives Seedling—Ives

Jacquez—Lenoir

Joannes Seyve 26–205—Chambourcin

Landot 244—Landal

Landot 4511—Landot noir

Millot—Leon Millot

Moore’s Diamond—Diamond

Norton Seedling—Norton

Pfeffer Cabernet—Cabernet Pfeffer

Pineau de la Loire—Chenin blanc

Pinot Chardonnay—Chardonnay

Ravat 262—Ravat noir

Rula ̈nder—Pinot gris

Seibel 128—Salvador

Seibel 1000—Rosette

Seibel 4986—Rayon d’Or

Seibel 5279—Aurore

Seibel 5898—Rougeon

Seibel 7053—Chancellor

Seibel 8357—Colobel

Seibel 9110—Verdelet

Seibel 9549—De Chaunac

Seibel 10878—Chelois

Seibel 13053—Cascade

Seibel 14596—Bellandais

Seyve-Villard 5–276—Seyval

Seyve-Villard 12–309—Roucaneuf

Seyve-Villard 12–375—Villard blanc

Seyve-Villard 18–283—Garronet

Seyve-Villard 18–315—Villard noir

Seyve-Villard 23–410—Valerien

Sweetwater—Chasselas dore ́

Verdelet blanc—Verdelet

Vidal 256—Vidal blanc

Virginia Seedling—Norton

Wa ̈lschriesling—Welsch Rizling

Welschriesling—Welsch Rizling

(b) Wines bottled prior to January 1,

1999.

Alternative Name/Prime Name

Cabernet—Cabernet Sauvignon

Grey Riesling—Trousseau gris

Johannisberg Riesling—Riesling

Muscat Frontignan—Muscat blanc

Muscat Pantelleria—Muscat of

Alexandria

Napa Gamay—Valdiquie ́

Pinot Saint George—Ne ́grette

Sauvignon vert—Muscadelle

§ 4.93 Approval of grape variety names.

(a) Any interested person may

petition the Director for the approval of

a grape variety name. The petition may

be in the form of a letter and should

provide evidence of the following—

(1) acceptance of the new grape

variety,

(2) the validity of the name for

identifying the grape variety,

(3) that the variety is used or will be

used in winemaking, and

(4) that the variety is grown and used

in the United States.

(b) For the approval of names of new

grape varieties, documentation

submitted with the petition to establish

the items in paragraph (a) of this section

may include—

(1) 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,

(2) reference to a plant patent, if so

patented, and

(3) information pertaining to the

commercial potential of the variety,

such as the acreage planted and its

location or market studies.

(c) The Director will not approve a

grape variety name if:

(1) The name has previously been

used for a different grape variety;

(2) The name contains a term or name

found to be misleading under § 4.39; or

(3) The name of a new grape variety

contains the term ‘‘Riesling.’’

(d) For new grape varieties developed

in the United States, the Director may

determine if the use of names which

contain words of geographical

significance, place names, or foreign

words are misleading under § 4.39. The

Director will not approve the use of a

grape variety name found to be

misleading.

(e) The Director shall publish the list

of approved grape variety names at least

annually in the Federal Register.

(Approved by the Office of Management and

Budget under Control Number 1512–0513)

Signed: January 5, 1995.

Daniel R. Black,

Acting Director.

Approved: November 24, 1995.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

& Trade Enforcement).

Editorial Note: This document was

received at the Office of the Federal Register

on January 2, 1996.

[FR Doc. 96–148 Filed 1–5–96; 8:45 am]

BILLING CODE 4810–31–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Parts 40b and 234

Conduct on the Pentagon Reservation

AGENCY: Office of the Secretary, DoD.

ACTION: Interim final rule with request

for comments.

SUMMARY: This document revises DoD

policy concerning conduct on the

Pentagon Reservation. The revisions are

intended to ensure that DoD regulations

are consistent with the statutory

authority on which they are based, and

to promote the safer, more efficient, and

more secure operation of the Pentagon

Reservation.

DATES: This rule is effective January 8,

1996. Comments are requested by March

8, 1996.

ADDRESSES: Forward comments to

Washington Headquarters Services,

Office of General Counsel, 1155 Defense

Pentagon Room 1D197, Washington, DC

20301–1155.

FOR FURTHER INFORMATION CONTACT:

Thomas R. Brooke, (703) 693–7374.

SUPPLEMENTARY INFORMATION: The

current regulations governing conduct

on the Pentagon Reservation were

promulgated following the transfer of

control of the Pentagon Reservation

from the General Services

Administration to the Department of

Defense. Based on enforcement

experience gained since that time, the

Department of Defense now seeks to

revise those regulations to ensure their

consistency with the statutory authority

on which they are based, and to

promote the safer, more efficient, and

more secure operation of the Pentagon

Reservation.

Executive Order 12866, ‘‘Regulatory

Planning and Review’’

This rule is not a significant rule as

defined under section 3(f)(1) through

3(f)(4) of Executive Order 12866.

Public Law 96–354, ‘‘Regulatory

Flexibility Act’’ (5 U.S.C. 601)

This rule will not have a significant

economic impact on a substantial

number of small entities because it

affects only those entities and persons

who are on the Pentagon Reservation.

Public Law 96–511, ‘‘Paperwork

Reduction Act’’ (44 U.S.C. Ch. 44)

It has been certified that this rule does

not impose any reporting or

recordkeeping requirements under the

Paperwork Reduction Act of 1980.

List of Subjects in 32 CFR Parts 40b and

234

Alcohol abuse, Drug testing; Federal

buildings and facilities, Security

measures, Traffic regulations.

Accordingly, chapter I of title 32 of

the Code of Federal Regulations, under

the authority of 10 U.S.C. 301, is

amended by removing part 40b and

adding part 234 to read as follows: