[Federal Register: December 17, 2007 (Volume 72, Number 241)]
[Proposed Rules]
[Page 71289-71290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de07-24]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Parts 4 and 9
[Notice No. 79; Re: Notice No. 77]
RIN 1513-AA92
Proposed Establishment of the Calistoga Viticultural Area;
Comment Period Extension
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking; extension of comment period.
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SUMMARY: In response to industry member requests, we are extending the
comment period for Notice No. 77, Proposed Establishment of the
Calistoga Viticultural Area, a notice of proposed rulemaking published
in the Federal Register on November 20, 2007, for an additional 90
days.
DATES: Written comments on Notice No. 77 must now be received on or
before March 20, 2008.
ADDRESSES: You may send comments on Notice No. 77 to one of the
following addresses:
http://www.regulations.gov (Federal e-rulemaking portal;
follow the instructions for submitting comments); or
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
You may view copies of this notice, Notice No. 77, and any comments
we receive about the proposals described in Notice No. 77 under Docket
No. TTB-2007-0067 on the Regulations.gov Web site at http://www.regulations.gov.
A link to Docket No. TTB-2007-0067 is also
available on the TTB Web site at http://www.ttb.gov/regulations_laws/all_rulemaking.shtml
, within the entry for Notice No. 77. In addition,
you may view copies of the same materials described above by
appointment at the TTB Information Resource Center, 1310 G Street, NW.,
Washington, DC 20220. To make an appointment, call (202) 927-2400.
FOR FURTHER INFORMATION CONTACT: Amy R. Greenberg, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street, NW., Suite 200E, Washington, DC 20220; telephone 202-927-8210;
or e-mail Amy.Greenberg@ttb.gov.
SUPPLEMENTARY INFORMATION: On March 31, 2005, the Alcohol and Tobacco
Tax and Trade Bureau (TTB) published a notice of proposed rulemaking in
the Federal Register regarding the establishment of the Calistoga
viticultural area (see Notice No. 36, 70 FR 16451). In light of
comments regarding the potential adverse impact on established brand
names that we
[[Page 71290]]
received in response to that first notice, we published a second notice
of proposed rulemaking on November 20, 2007, as Notice No. 77 (72 FR
65256) requesting comments on our proposal to provide ``grandfather''
protection for certain brand names used on existing certificates of
label approval, provided those labels also carry information that would
dispel an impression that the wine meets the requirements for using the
viticultural area name. As originally published, comments on Notice No.
77 are due on or before December 20, 2007, 30 days after its
publication.
Also on November 20, 2007, TTB published Notice No. 78 (72 FR
65261), a notice of proposed rulemaking regarding our regulations on
the establishment of American viticultural areas. The proposed
amendments clarify rules for preparing, submitting, and processing
viticultural area petitions. The proposals contained in Notice No. 78
also include an amendment to 27 CFR 4.39(i) that would establish a
``grandfather'' provision to protect wine labels using a viticultural
area name, provided that the label in question was approved and in
actual commercial use for a specified period of time preceding TTB's
receipt of a perfected petition for establishment of the viticultural
area. As originally published, comments on Notice No. 78 are due on or
before January 22, 2008, 60 days after its publication.
After the publication of Notice No. 77, TTB received two requests
from wine industry groups to extend that notice's comment period. Both
the Napa Valley Vintners, a trade group representing over 300 Napa
Valley (California) vintners, and the Wine Institute, a trade
representing 1,100 California wineries and wine-related businesses,
requested that the comment period for Notice No. 77 be extended an
additional 90 days.
In support of its extension request, Napa Valley Vintners indicates
that the proposed grandfather provision contained in Notice No. 77 ``is
of great concern to our association'' and is ``inextricably linked'' to
TTB's more general grandfathering proposal contained in Notice No. 78.
The association believes that its decisions regarding the two notices
``should be made at the same time.'' Its requested 90-day extension,
the group states, will allow its Winegrower Appellation Committee to
consider the grandfather provision and the specific questions posed by
TTB in Notice No. 77. The Napa Valley Vintners' request notes that its
appellation committee's recommendations must then be presented to the
group's board of directors, which only meets once a month.
The Wine Institute, in its comment period extension request, also
noted that Notice Nos. 77 and 78 deal with similar issues ``that call
for consistent rather than staggered comment periods.'' In addition,
the Wine Institute stated that, with the holiday season, its membership
``is engaged in one of its busiest months of the year.''
In response to these requests, TTB extends the original 30-day
comment period for Notice No. 77 for an additional 90 days, so that the
comment period will equal 120 days. Therefore, comments on Notice No.
77 are now due on or before March 20, 2008.
Drafting Information
Michael Hoover of the Regulations and Rulings Division drafted this
notice.
John J. Manfreda,
Administrator.
[FR Doc. E7-24361 Filed 12-14-07; 8:45 am]
BILLING CODE 4810-31-P