[Federal Register: November 15, 2006 (Volume 71, Number 220)]
[Rules and Regulations]
[Page 66454-66455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no06-9]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-55]
RIN 1513-AB32
Los Carneros Viticultural Area; Technical Amendment (2006R-224P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: In this Treasury decision, the Alcohol and Tobacco Tax and
Trade Bureau makes a technical amendment to its regulations to clarify
the viticultural significance of the terms ``Los Carneros'' and
``Carneros'' in relation to the existing Los Carneros viticultural
area.
DATES: Effective Date: November 15, 2006.
FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 94952; phone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers with adequate information regarding product identity
and prohibits the use of misleading information on those labels. The
FAA Act also authorizes the Secretary of the Treasury to issue
regulations to carry out its provisions. The Alcohol and Tobacco Tax
and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographic features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Los Carneros Viticultural Area
Background
The Bureau of Alcohol, Tobacco and Firearms (ATF), the predecessor
agency of TTB, established the Los Carneros viticultural area effective
on September 19, 1983, in T.D. ATF-142, published in the Federal
Register on August 18, 1983 (48 FR 37365). The establishment of the Los
Carneros viticultural area is codified, and its boundary is described,
in the TTB regulations at 27 CFR 9.32.
The ``Evidence of Name'' discussion in the preamble of T.D. ATF-142
states that the names ``Los Carneros'' and ``Carneros'' are generally
used interchangeably. The 1983 final rule document explains that ATF
approved many labels over a period of more than ten years that simply
used the name ``Carneros.'' Also, ATF noted that the Spanish word
``los'' translates to ``the'' in English. ATF therefore, in this
specific case, determined that ``Carneros'' and ``Los Carneros'' are
not different names, but rather are equivalent forms of the same name.
Consequently, ATF concluded that either ``Los Carneros'' or
``Carneros'' should be allowed for use on labels and in advertising to
refer to the Los Carneros viticultural area.
Currently, paragraph (a) of Sec. 9.32, states, ``The name of the
viticultural area described in this section is `Los Carneros.' '' To
clarify that the ``Los Carneros'' and ``Carneros'' names both have the
same and equal viticultural significance in the context of this
[[Page 66455]]
viticultural area, TTB is amending paragraph (a) of 27 CFR 9.32. This
technical amendment clarifies the fact that either ``Los Carneros'' or
``Carneros'' standing alone may be used as the name of the viticultural
area, and that both terms are viticulturally significant for the
purposes of part 4 of the TTB regulations.
Impact on Current Wine Labels
This technical amendment to the Los Carneros viticultural area does
not affect currently approved wine labels that use the ``Los Carneros''
or ``Carneros'' names. Part 4 of the TTB regulations prohibits any
label reference on a wine that indicates or implies an origin other
than the wine's true place of origin. For a wine to be eligible to use
as an appellation of origin a viticultural area name or other term
specified as being viticulturally significant in part 9 of the TTB
regulations, at least 85 percent of the wine must be derived from
grapes grown within the area represented by that name or other term,
and the wine must meet the other conditions listed in 27 CFR
4.25(e)(3). Different rules apply if a wine has a brand name containing
a viticultural area name or other viticulturally significant term that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do
not apply.
Inapplicability of Prior Notice and Comment and Delayed Effective Date
Procedures
Because this regulatory action merely codifies an existing policy
adopted in 1983 as part of a prior rulemaking action that included a
public notice and comment period, TTB has determined that no notice of
proposed rulemaking and public comment period are required under 5
U.S.C. 553(b). For the same reason, this final rule is not subject to
the delayed effective date requirement of 5 U.S.C. 553(d).
Executive Order 12866
This final rule is not a significant regulatory action as defined
by Executive Order 12866, 58 FR 51735. Therefore, it requires no
regulatory assessment.
Drafting Information
N. A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, we amend 27 CFR, chapter
1, part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Section Sec. 9.32 is amended by revising paragraph (a) to read as
follows:
Sec. 9.32 Los Carneros.
(a) Name. The name of the viticultural area described in this
section is ``Los Carneros''. ``Carneros'' may also be used as the name
of the viticultural area described in this section. For purposes of
part 4 of this chapter, ``Los Carneros'' and ``Carneros'' are terms of
viticultural significance.
* * * * *
Signed: October 2, 2006.
John J. Manfreda,
Administrator.
Approved: October 13, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E6-19231 Filed 11-14-06; 8:45 am]
BILLING CODE 4810-31-P