Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules 47165 

DATES: The comment period for the 

proposed rule published on November 

17, 2016 (81 FR 81023) is reopened for 

60 days. Written comments on Notice 

No. 165 are now due on or before 

December 11, 2017. 

ADDRESSES: Please send your comments 

on Notice No. 165 to one of the 

following addresses: 

• Internet: https://

www.regulations.gov (via the online 

comment form for Notice No. 165 as 

posted within Docket No. TTB–2016– 

0011 at Regulations.gov, the Federal erulemaking portal); 

• U.S. Mail: Director, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW., Box 12, Washington, DC 20005; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW., Suite 

400, Washington, DC 20005. 

See the Public Participation section of 

Notice No. 165 for specific instructions 

and requirements for submitting 

comments, and for information on how 

to request a public hearing. 

You may view copies of this 

document, Notice No. 165, and any 

comments made to TTB about the 

described proposals at https://

www.regulations.gov within Docket No. 

TTB–2016–0011. A link to that docket is 

posted on the TTB Web site at https:// 

www.ttb.gov/wine/winerulemaking.shtml under Notice No. 165. 

You also may view copies of this 

document, Notice No. 165, and any 

comments made to TTB about the 

described proposals by appointment at 

the TTB Information Resource Center, 

1310 G Street NW., Washington, DC 

20005. Please call (202) 453–2270 to 

make an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Berry, Alcohol and Tobacco 

Tax and Trade Bureau, Regulations and 

Rulings Division; telephone 202–453– 

1039, ext. 275. 

SUPPLEMENTARY INFORMATION: In Notice 

No. 165, a notice of proposed 

rulemaking published in the Federal 

Register on November 17, 2016 (81 FR 

81023), the Alcohol and Tobacco Tax 

and Trade Bureau (TTB) requested 

public comment on proposals to amend 

its wine labeling regulations by adding 

a number of new names to the list of 

grape variety names approved for use in 

designating American wines, removing 

one existing entry and replacing it with 

a slightly different name, and correcting 

the spelling of another existing entry. 

The proposed amendments would allow 

wine bottlers to use additional approved 

grape variety names on wine labels and 

in wine advertisements. The 60-day 

comment period for Notice No. 165 

originally closed on January 17, 2017. 

During the original comment period, 

TTB received three requests to extend 

the comment period. The first request 

came from the National Association of 

Beverage Importers (NABI), an alcohol 

beverage industry trade association, and 

requested a 60-day extension of the 

comment period for Notice No. 165. In 

its request, NABI noted that Notice No. 

165 was issued during the busy holiday 

season when many compliance 

personnel took vacation time, and it 

noted that the proposed list of 51 new 

grape variety names includes terms that 

appear as brand names on various 

beverage alcohol products. The NABI 

request stated that its members require 

additional time ‘‘to assure that potential 

conflicts, confusion, misunderstanding 

or other issues are brought to the 

attention of TTB.’’ The NABI comment 

is posted as Comment 5 within Docket 

No. TTB–2016–0011 on the 

Regulations.gov Web site at https://

www.regulations.gov. 

The second request was submitted on 

behalf of the French Federation of Wine 

and Spirits Exporters (FEVS), and it also 

requested a 60-day extension of the 

comment period for Notice No. 165 (see 

Comment 9). The FEVS comment noted 

that it was unable to gather enough 

information to comment on the 

proposals in Notice No. 165, including 

the proposed addition of Esprit to the 

approved list of grape names ‘‘due to an 

extended holiday season.’’ The 

comment stated that FEVS required 

additional time to finalize its research of 

the COLA database and to bring to 

TTB’s attention any potential conflicts 

between Esprit as an approved grape 

name and common terms used in wine 

brand or fanciful names. 

The third request was submitted by 

the law firm of Dickerson, Peatman and 

Fogarty on behalf of ‘‘certain French 

wine producers that sell wine into the 

U.S. under a brand or fanciful name that 

includes the word ‘‘Esprit’’ (see 

Comment 18). The comment added that 

these producers only recently became 

aware of the proposed addition of Esprit 

to the list of approved grape names for 

American wines and are concerned that 

such action may adversely impact their 

intellectual property rights and ability 

to sell their wine in the U.S. The 

commenter, therefore, requested an 

extension of the comment period but 

did not specify a time period. 

In response to these requests, TTB is 

reopening the comment period for 

Notice No. 165 for an additional 60 

days. TTB believes that an additional 

60-day comment period will allow all 

interested parties to fully consider the 

impact of the new grape varietal names 

for American wines proposed in Notice 

No. 165. 

Therefore, comments on Notice No. 

165 are now due on or before December 

11, 2017. Comments on Notice No. 165 

may be submitted as described above in 

the ADDRESSES section of this document. 

Drafting Information 

Michael Hoover of the Regulations 

and Rulings Division drafted this 

document. 

Signed: September 28, 2017. 

John J. Manfreda, 

Administrator. 

[FR Doc. 2017–21810 Filed 10–10–17; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 4 and 24 

[Docket No. TTB–2016–0005; Notice No. 

160B; Re: Notice Nos. 160 and 160A] 

RIN 1513–AC27 

Proposed Revisions to Wine Labeling 

and Recordkeeping Requirements; 

Comment Period Reopening 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking; 

reopening of comment period. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) is reopening for 

an additional 90 days the comment 

period for Notice No. 160, Proposed 

Revisions to Wine Labeling and 

Recordkeeping Requirements, a notice 

of proposed rulemaking published in 

the Federal Register on June 22, 2016. 

In Notice No. 160, TTB proposed to 

amend its labeling and recordkeeping 

regulations in 27 CFR part 24 to provide 

that any standard grape wine containing 

7 percent or more alcohol by volume 

that is covered by a certificate of 

exemption from label approval may be 

labeled with a varietal (grape type) 

designation, a type designation of 

varietal significance, a vintage date, or 

an appellation of origin only if the wine 

is labeled in compliance with the 

standards set forth in the appropriate 

sections of 27 CFR part 4 for that label 

information. TTB also proposed to 

amend its part 4 wine labeling 

regulations to include a reference to the 

new part 24 requirement. TTB is 

reopening the comment period a second 

time in response to requests from a 

number of commenters. In addition, 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
47166 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules 

TTB is also soliciting comments on 

alternative proposals put forth by 

commenters during the previous public 

comment periods for Notice No. 160. 

DATES: The comment period for the 

proposed rule published on June 22, 

2016 (81 FR 40584) is reopened for 90 

days. Written comments on Notice No. 

160 are now due on or before January 

9, 2018. 

ADDRESSES: Please send your comments 

on Notice No. 160 to one of the 

following addresses: 

• Internet: https://

www.regulations.gov (via the online 

comment form for this document, 

Notice No. 160B, as posted within 

Docket No. TTB–2016–0005 at 

‘‘Regulations.gov,’’ the Federal erulemaking portal); 

• U.S. Mail: Director, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW., Box 12, Washington, DC 20005; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW., Suite 

400, Washington, DC 20005. 

See the Public Participation section of 

Notice No. 160 for specific instructions 

and requirements for submitting 

comments, and for information on how 

to request a public hearing. 

You may view copies of this 

document, Notice Nos. 160 and 160A, 

and any comments made to TTB about 

the described proposals at https://

www.regulations.gov within Docket No. 

TTB–2016–0005. A link to that docket is 

posted on the TTB Web site at https:// 

www.ttb.gov/wine/winerulemaking.shtml under Notice No. 160. 

You also may view copies of this 

document, Notice Nos. 160 and 160A, 

and any comments made to TTB about 

the described proposals by appointment 

at the TTB Information Resource Center, 

1310 G Street NW., Washington, DC 

20005. Please call (202) 453–2270 to 

make an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Berry, Alcohol and Tobacco 

Tax and Trade Bureau, Regulations and 

Rulings Division; telephone (202) 453– 

1039, ext. 275. 

SUPPLEMENTARY INFORMATION: In Notice 

No. 160, the Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposed to 

amend its labeling and recordkeeping 

regulations in 27 CFR part 24 to provide 

that any standard grape wine containing 

7 percent or more alcohol by volume 

that is covered by a certificate of 

exemption from label approval may be 

labeled with a varietal (grape type) 

designation, a type designation of 

varietal significance, a vintage date, or 

an appellation of origin only if the wine 

is labeled in compliance with the 

standards set forth in the appropriate 

sections of 27 CFR part 4 for that label 

information. TTB also proposed to 

amend its part 4 wine labeling 

regulations to include a reference to the 

new part 24 requirement. The 60-day 

comment period for Notice No. 160 

originally closed on August 22, 2016. 

On September 8, 2016, TTB published 

Notice No. 160A to reopen the comment 

period for an additional 90 days. This 

action was taken in response to requests 

received from two wine industry trade 

associations, Wine Institute and the 

California Association of Winegrape 

Growers, who stated that their 

membership was preoccupied with the 

grape harvest and thus needed 

additional time to assess the proposal 

contained in Notice No. 160 (see 

comments 7 and 41). Based on 

comments received up to that point, 

TTB also requested comments regarding 

whether any geographic reference to the 

source of the grapes used in the wine 

could be included on a wine label in a 

way that would not be misleading with 

regard to the source of the wine. The 

reopened comment period closed 

December 7, 2016. 

A number of commenters responded 

to TTB’s request in Notice No. 160A for 

comments on whether any geographic 

references to the source of the grapes 

used in a wine could be included on the 

label in a way that would not be 

misleading. Some of the proposals 

received suggest that geographic 

references could be included in such a 

way. Suggestions included proposals 

that TTB allow the following type of 

statements on wine labels: 

• ll% of grapes grown in llll 

[location], Produced and Bottled 

in llll [location]. 

• ‘‘Grapes sourced in California.’’ 

• The use of American viticultural 

area (AVA) names modified by ‘‘grapes’’ 

(i.e., ‘‘Napa Valley Grapes).’’ 

The most detailed proposal was 

submitted in a joint comment by Napa 

Valley Vintners and Wine Institute, 

posted as Comment 108 within Docket 

No. TTB–2016–0005 at 

www.regulations.gov. The two trade 

associations supported the adoption of 

the proposals made in Notice No. 160, 

but stated that ‘‘to the extent TTB is 

inclined to adopt regulations that would 

allow a COLA-exempt wine to also 

include grape source information,’’ they 

believe their proposal ‘‘protects the 

integrity of the appellation labeling 

system while also providing consumers 

with meaningful, truthful, and nonmisleading information to identify grape 

source.’’ The comment also noted that 

California law would prohibit certain 

wines labeled with grape source 

information from being sold in that 

State, but that Napa Valley Vintners and 

Sonoma County Vintners would sponsor 

and advocate for an amendment to 

California law in the event that TTB 

amended its regulations as proposed in 

the comment. 

Their proposal has four main 

components: 

• TTB should adopt Notice No. 160 in 

its entirety so that all wines identified 

with an AVA name or appellation of 

origin are subject to the same Federal 

standards. 

• Grape source information (which 

they state is distinct from appellations) 

could be allowed on the label as 

optional information if it includes all of 

the following: (1) The name of the 

county or counties and State or States, 

or just the State(s), where all of the 

grapes are grown. County names must 

be identified with the word ‘‘county’’ in 

the same type size and in letters as 

conspicuous as the name of the county; 

(2) The percentage of wine derived from 

grapes grown in each county or State 

shown on the label, with a tolerance of 

+\¥ 2 percent; and (3) The city and 

State, or just the State, where the wine 

was fully finished. 

• Grape source information should 

not contain any reference to an AVA 

name or a name of viticultural 

significance or a confusingly similar 

name, other than a county or a State. In 

their example, a label could disclose the 

grape source as ‘‘Napa County, 

California,’’ but it could not include a 

claim that the grapes are from ‘‘Napa 

Valley,’’ which is an AVA name. 

• Wines labeled with grape source 

information must be labeled with the 

‘‘United States’’ country appellation of 

origin pursuant to 27 CFR 4.25(a)(1)(i). 

Use of this country appellation gives 

wineries the ability to include a vintage 

date and variety designation on their 

labels while at the same time signaling 

to consumers that the wine does not 

meet the Federal requirements for State, 

county, or AVA appellation of origin 

designations. 

While the comment specifically 

addressed wines covered by certificates 

of exemption from label approval, it is 

unclear to TTB if this alternative 

proposal would also apply to wines 

subject to the labeling requirements of 

the Federal Alcohol Administration Act 

and labeled under a certificate of label 

approval. 

In addition to the proposals discussed 

above, TTB received seven comments 

requesting an additional extension of 

the comment period for Notice No. 160. 

Six of these request an additional 90 

days to comment, while the seventh 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules 47167 

requests an extension of an unspecified 

amount of time. Some of these 

comments state that additional time is 

needed given the complexity of the 

issues, while others state that an 

extension of the comment period will 

allow time for wine industry members 

to reach a consensus on the proposal. 

Determination To Reopen the Public 

Comment Period 

In response to the requests to extend 

the comment period, TTB is reopening 

the comment period for Notice No. 160 

for an additional 90 days. We believe 

that 90 days will provide industry 

members and the public with the 

additional time necessary to fully 

consider both the original proposal put 

forth in Notice No. 160 and the 

alternative proposals discussed above. 

Therefore, comments on Notice No. 160 

are now due to TTB on or before January 

9, 2018. 

In addition to comments on the 

alternative proposals discussed above, 

TTB is interested in comments that 

address whether the alternative 

proposals should apply only to wines 

labeled under certificates of exemption 

for label approval, or if they should also 

apply to wines labeled under certificates 

of label approval, in which case 

corresponding amendments to the 

labeling regulations in part 4 would be 

necessary. TTB is also interested in 

comments regarding whether these 

proposals should apply to non-grape 

wines. Please provide specific 

information in support of your 

comments. 

Submission of New Comments 

Comments on the original proposal 

put forth in Notice No. 160 and the 

alternative proposals discussed above 

may be submitted electronically via the 

online comment form for this document, 

Notice No. 160B, as posted within 

Docket No. TTB–2016–0005 at 

‘‘Regulations.gov,’’ the Federal erulemaking portal. Comments may also 

be submitted via U.S. mail or hand 

delivery as described above in the 

ADDRESSES section of this document. 

Drafting Information 

Jennifer Berry of the Regulations and 

Rulings Division drafted this document. 

Signed: September 28, 2017. 

John J. Manfreda, 

Administrator. 

[FR Doc. 2017–21817 Filed 10–10–17; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 24 

[Docket No. TTB–2016–0010; Notice No. 

164A; Re: Notice No. 164] 

RIN 1513–AB61 

Wine Treating Materials and Related 

Regulations; Comment Period 

Reopening 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking; 

reopening of comment period. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) is reopening for 

an additional 90 days the comment 

period for Notice No. 164, Wine 

Treating Materials and Related 

Regulations, a notice of proposed 

rulemaking published in the Federal 

Register on November 22, 2016. TTB is 

taking this action in response to 

requests from wine industry members 

and trade associations. 

DATES: The comment period for the 

proposed rule published on November 

22, 2016 (81 FR 83752) is reopened for 

90 days. Written comments on Notice 

No. 164 are now due on or before 

January 9, 2018. 

ADDRESSES: Please send your comments 

on Notice No. 164 to one of the 

following addresses: 

• Internet: https://

www.regulations.gov (via the online 

comment form for Notice No. 164 as 

posted within Docket No. TTB–2016– 

0010 at Regulations.gov, the Federal erulemaking portal); 

• U.S. Mail: Director, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW., Box 12, Washington, DC 20005; or 

• Hand delivery/courier in lieu of 

mail: Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW., Suite 

400, Washington, DC 20005. 

See the Public Participation section of 

Notice No. 164 for specific instructions 

and requirements for submitting 

comments, and for information on how 

to request a public hearing. 

You may view copies of this 

document, Notice No. 164, and any 

comments made to TTB about the 

described proposals at https://

www.regulations.gov within Docket No. 

TTB–2016–0010. A link to that docket is 

posted on the TTB Web site at https:// 

www.ttb.gov/wine/winerulemaking.shtml under Notice No. 164. 

You also may view copies of this 

document, Notice No. 164, and any 

comments made to TTB about the 

described proposals by appointment at 

the TTB Information Resource Center, 

1310 G Street NW., Washington, DC 

20005. Please call (202) 453–2270 to 

make an appointment. 

FOR FURTHER INFORMATION CONTACT: Kara 

Fontaine, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW., Box 

12, Washington, DC 20005; phone (202) 

453–1039, ext. 103. 

SUPPLEMENTARY INFORMATION: In Notice 

No. 164, a notice of proposed 

rulemaking published in the Federal 

Register on November 22, 2016 (81 FR 

83752), the Alcohol and Tobacco Tax 

and Trade Bureau (TTB) requested 

public comment on amendments to its 

regulations pertaining to the production 

of wine and in particular in regard to 

the permissible treatments that may be 

applied to wine and to juice from which 

wine is made. TTB issued the proposed 

amendments in response to requests 

from wine industry members to 

authorize certain wine treating materials 

and processes not currently authorized 

by TTB regulations. In Notice No. 164, 

TTB invited comments on the proposed 

regulatory changes and the wine 

treatments and materials issues 

addressed in that document. The 60-day 

comment period for Notice No. 164 

originally closed on January 23, 2017. 

On December 27, 2016, TTB received 

a letter from the Wine Institute, a large 

wine industry trade association based in 

San Francisco, California, requesting a 

six-month extension of the comment 

period on the wine treating materials 

and other regulatory amendments 

proposed in Notice No. 164. In its letter, 

the Wine Institute stated that its 

members required additional time to 

consider the ‘‘complex, highly technical 

proposal’’ contained in Notice No. 164, 

as well as the document’s request for 

input on other regulatory issues. The 

Wine Institute also noted that TTB’s 

proposal was published during the busy 

holiday season, and that it required 

additional time to reach out to its 

members and other wine industry trade 

associations to discuss how best to 

respond to Notice No. 164. The Wine 

Institute letter is posted as Comment 3 

to Notice No. 164 within Docket No. 

TTB–2016–0010 on the Regulations.gov 

Web site at https://www.regulations.gov. 

In addition, TTB received one comment 

supporting the Wine Institute’s request 

for an extension of the comment period 

(see Comment 4). 

On January 9, 2017, TTB received a 

letter from Laffort USA, a producer of 

wine treating materials, which also 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS