82_FR_47362 82 FR 47167 - Wine Treating Materials and Related Regulations; Comment Period Reopening

82 FR 47167 - Wine Treating Materials and Related Regulations; Comment Period Reopening

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range47167-47168
FR Document2017-21809

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.

Federal Register, Volume 82 Issue 195 (Wednesday, October 11, 2017)
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Proposed Rules]
[Pages 47167-47168]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21809]


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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 e-rulemaking 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/wine-rulemaking.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

[[Page 47168]]

requested a six-month extension of the comment period for Notice No. 
164. In its letter, Laffort USA noted the proposed rulemaking requested 
comments ``on many other topics of great relevance to the U.S. wine 
industry,'' and that it the comment period ``covered the entire holiday 
season.'' The Laffort USA letter is posted as Comment 5 to Notice No. 
164 within Docket No. TTB-2016-0010 on the Regulations.gov Web site at 
https://www.regulations.gov.
    In response to these requests, TTB is reopening the comment period 
for Notice No. 164 for an additional 90 days. TTB notes that the wine 
treating materials discussed in the regulatory amendments in Notice No. 
164 have been previously approved administratively for use by wine 
industry members in the treatment of their wine. TTB believes that a 
90-day reopening of the comment period for Notice No. 164 will allow 
all interested parties to fully consider the regulatory amendments 
proposed in that document.
    Therefore, comments on Notice No. 164 are now due to TTB on or 
before January 9, 2018. Comments on Notice No. 164 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. 2017-21809 Filed 10-10-17; 8:45 am]
 BILLING CODE 4810-31-P



                                                                          Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules                                          47167

                                                      requests an extension of an unspecified                 DEPARTMENT OF THE TREASURY                            document, Notice No. 164, and any
                                                      amount of time. Some of these                                                                                 comments made to TTB about the
                                                      comments state that additional time is                  Alcohol and Tobacco Tax and Trade                     described proposals by appointment at
                                                      needed given the complexity of the                      Bureau                                                the TTB Information Resource Center,
                                                      issues, while others state that an                                                                            1310 G Street NW., Washington, DC
                                                      extension of the comment period will                    27 CFR Part 24                                        20005. Please call (202) 453–2270 to
                                                      allow time for wine industry members                    [Docket No. TTB–2016–0010; Notice No.                 make an appointment.
                                                      to reach a consensus on the proposal.                   164A; Re: Notice No. 164]                             FOR FURTHER INFORMATION CONTACT: Kara
                                                                                                                                                                    Fontaine, Regulations and Rulings
                                                      Determination To Reopen the Public                      RIN 1513–AB61
                                                                                                                                                                    Division, Alcohol and Tobacco Tax and
                                                      Comment Period                                                                                                Trade Bureau, 1310 G Street NW., Box
                                                                                                              Wine Treating Materials and Related
                                                                                                              Regulations; Comment Period                           12, Washington, DC 20005; phone (202)
                                                         In response to the requests to extend
                                                                                                              Reopening                                             453–1039, ext. 103.
                                                      the comment period, TTB is reopening
                                                                                                                                                                    SUPPLEMENTARY INFORMATION: In Notice
                                                      the comment period for Notice No. 160                   AGENCY: Alcohol and Tobacco Tax and
                                                      for an additional 90 days. We believe                                                                         No. 164, a notice of proposed
                                                                                                              Trade Bureau, Treasury.                               rulemaking published in the Federal
                                                      that 90 days will provide industry                      ACTION: Notice of proposed rulemaking;                Register on November 22, 2016 (81 FR
                                                      members and the public with the                         reopening of comment period.                          83752), the Alcohol and Tobacco Tax
                                                      additional time necessary to fully                                                                            and Trade Bureau (TTB) requested
                                                      consider both the original proposal put                 SUMMARY:   The Alcohol and Tobacco Tax                public comment on amendments to its
                                                      forth in Notice No. 160 and the                         and Trade Bureau (TTB) is reopening for               regulations pertaining to the production
                                                      alternative proposals discussed above.                  an additional 90 days the comment                     of wine and in particular in regard to
                                                      Therefore, comments on Notice No. 160                   period for Notice No. 164, Wine                       the permissible treatments that may be
                                                      are now due to TTB on or before January                 Treating Materials and Related                        applied to wine and to juice from which
                                                      9, 2018.                                                Regulations, a notice of proposed                     wine is made. TTB issued the proposed
                                                                                                              rulemaking published in the Federal                   amendments in response to requests
                                                         In addition to comments on the
                                                                                                              Register on November 22, 2016. TTB is                 from wine industry members to
                                                      alternative proposals discussed above,
                                                                                                              taking this action in response to                     authorize certain wine treating materials
                                                      TTB is interested in comments that                      requests from wine industry members
                                                      address whether the alternative                                                                               and processes not currently authorized
                                                                                                              and trade associations.                               by TTB regulations. In Notice No. 164,
                                                      proposals should apply only to wines
                                                                                                              DATES: The comment period for the                     TTB invited comments on the proposed
                                                      labeled under certificates of exemption
                                                                                                              proposed rule published on November                   regulatory changes and the wine
                                                      for label approval, or if they should also
                                                                                                              22, 2016 (81 FR 83752) is reopened for                treatments and materials issues
                                                      apply to wines labeled under certificates               90 days. Written comments on Notice
                                                      of label approval, in which case                                                                              addressed in that document. The 60-day
                                                                                                              No. 164 are now due on or before                      comment period for Notice No. 164
                                                      corresponding amendments to the                         January 9, 2018.                                      originally closed on January 23, 2017.
                                                      labeling regulations in part 4 would be                                                                          On December 27, 2016, TTB received
                                                                                                              ADDRESSES: Please send your comments
                                                      necessary. TTB is also interested in                    on Notice No. 164 to one of the                       a letter from the Wine Institute, a large
                                                      comments regarding whether these                        following addresses:                                  wine industry trade association based in
                                                      proposals should apply to non-grape                       • Internet: https://                                San Francisco, California, requesting a
                                                      wines. Please provide specific                          www.regulations.gov (via the online                   six-month extension of the comment
                                                      information in support of your                          comment form for Notice No. 164 as                    period on the wine treating materials
                                                      comments.                                               posted within Docket No. TTB–2016–                    and other regulatory amendments
                                                      Submission of New Comments                              0010 at Regulations.gov, the Federal e-               proposed in Notice No. 164. In its letter,
                                                                                                              rulemaking portal);                                   the Wine Institute stated that its
                                                         Comments on the original proposal                      • U.S. Mail: Director, Regulations and              members required additional time to
                                                      put forth in Notice No. 160 and the                     Rulings Division, Alcohol and Tobacco                 consider the ‘‘complex, highly technical
                                                      alternative proposals discussed above                   Tax and Trade Bureau, 1310 G Street                   proposal’’ contained in Notice No. 164,
                                                      may be submitted electronically via the                 NW., Box 12, Washington, DC 20005; or                 as well as the document’s request for
                                                      online comment form for this document,                    • Hand delivery/courier in lieu of                  input on other regulatory issues. The
                                                      Notice No. 160B, as posted within                       mail: Alcohol and Tobacco Tax and                     Wine Institute also noted that TTB’s
                                                      Docket No. TTB–2016–0005 at                             Trade Bureau, 1310 G Street NW., Suite                proposal was published during the busy
                                                      ‘‘Regulations.gov,’’ the Federal e-                     400, Washington, DC 20005.                            holiday season, and that it required
                                                                                                                See the Public Participation section of             additional time to reach out to its
                                                      rulemaking portal. Comments may also
                                                                                                              Notice No. 164 for specific instructions              members and other wine industry trade
                                                      be submitted via U.S. mail or hand
                                                                                                              and requirements for submitting                       associations to discuss how best to
                                                      delivery as described above in the
                                                                                                              comments, and for information on how                  respond to Notice No. 164. The Wine
                                                      ADDRESSES section of this document.
                                                                                                              to request a public hearing.                          Institute letter is posted as Comment 3
                                                                                                                You may view copies of this                         to Notice No. 164 within Docket No.
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                                                      Drafting Information
                                                                                                              document, Notice No. 164, and any                     TTB–2016–0010 on the Regulations.gov
                                                        Jennifer Berry of the Regulations and                 comments made to TTB about the                        Web site at https://www.regulations.gov.
                                                      Rulings Division drafted this document.                 described proposals at https://                       In addition, TTB received one comment
                                                        Signed: September 28, 2017.                           www.regulations.gov within Docket No.                 supporting the Wine Institute’s request
                                                                                                              TTB–2016–0010. A link to that docket is               for an extension of the comment period
                                                      John J. Manfreda,
                                                                                                              posted on the TTB Web site at https://                (see Comment 4).
                                                      Administrator.                                          www.ttb.gov/wine/wine-                                   On January 9, 2017, TTB received a
                                                      [FR Doc. 2017–21817 Filed 10–10–17; 8:45 am]            rulemaking.shtml under Notice No. 164.                letter from Laffort USA, a producer of
                                                      BILLING CODE 4810–31–P                                  You also may view copies of this                      wine treating materials, which also


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                                                      47168               Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Proposed Rules

                                                      requested a six-month extension of the                  ADDRESSES:   Submit comments                          transparency, the Commission requested
                                                      comment period for Notice No. 164. In                   electronically via the Commission’s                   certain information in support of the
                                                      its letter, Laffort USA noted the                       Filing Online system at http://                       identified method: Available data to
                                                      proposed rulemaking requested                           www.prc.gov. Those who cannot submit                  support methods to measure, track and
                                                      comments ‘‘on many other topics of                      comments electronically should contact                report on cost and service issues related
                                                      great relevance to the U.S. wine                        the person identified in the FOR FURTHER              to flats, information on the cost to
                                                      industry,’’ and that it the comment                     INFORMATION CONTACT section by                        produce and aggregate current data,
                                                      period ‘‘covered the entire holiday                     telephone for advice on filing                        additional data that would be needed to
                                                      season.’’ The Laffort USA letter is                     alternatives.                                         support a method to measure, track and
                                                      posted as Comment 5 to Notice No. 164                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    report on cost and service issues related
                                                      within Docket No. TTB–2016–0010 on                      David A. Trissell, General Counsel, at                to flats and the cost to produce that
                                                      the Regulations.gov Web site at https://                202–789–6820.                                         data, and the identification of
                                                      www.regulations.gov.                                                                                          information necessary to develop,
                                                                                                              SUPPLEMENTARY INFORMATION:
                                                         In response to these requests, TTB is                                                                      implement, monitor, and quantify
                                                      reopening the comment period for                        Table of Contents                                     results for a comprehensive plan to
                                                      Notice No. 164 for an additional 90                                                                           improve flats service performance and
                                                                                                              I. Introduction
                                                      days. TTB notes that the wine treating                  II. Background
                                                                                                                                                                    cost coverage if an ideal data system
                                                      materials discussed in the regulatory                   III. Next Step                                        were available. Id.
                                                      amendments in Notice No. 164 have                       IV. Ordering Paragraphs                                  The Postal Service responded to the
                                                      been previously approved                                                                                      Commission’s Chapter 6 directive on
                                                      administratively for use by wine                        I. Introduction                                       July 26, 2016.2 The Postal Service
                                                      industry members in the treatment of                       The Commission initiates this                      provided an extensive discussion of
                                                      their wine. TTB believes that a 90-day                  proceeding to explore potential                       data systems that could be used to
                                                      reopening of the comment period for                     enhancements to the Postal Service’s                  measure certain aspects of individual
                                                      Notice No. 164 will allow all interested                data systems and to facilitate the                    pinch points; however, it did not
                                                      parties to fully consider the regulatory                development of consistent reporting                   provide a specific method for each
                                                      amendments proposed in that                             requirements. These data enhancements                 pinch point to measure, track, and
                                                      document.                                               and reporting requirements will be used               report on cost and service issues related
                                                         Therefore, comments on Notice No.                    to measure, track, and report the cost                to flats. To redirect the Postal Service’s
                                                      164 are now due to TTB on or before                     and service performance issues                        response, the Commission issued
                                                      January 9, 2018. Comments on Notice                     concerning flat-shaped mailpieces                     Commission Information Request No.
                                                      No. 164 may be submitted as described                   (flats).                                              1.3 In Order No. 3539, the Commission
                                                      above in the ADDRESSES section of this                                                                        scheduled an off-the-record technical
                                                                                                              II. Background                                        conference on October 21, 2016, to
                                                      document.
                                                                                                                 In the FY 2015 ACD, the Commission                 determine the status of the Postal
                                                      Drafting Information                                    identified and analyzed six ‘‘pinch                   Service’s proposed methods as
                                                        Michael Hoover of the Regulations                     points’’ that contribute to cost and                  requested in the original Commission
                                                      and Rulings Division drafted this                       service issues for flats: 1                           Directive.4 The Postal Service filed its
                                                      document.                                               • Bundle processing                                   response to CIR No. 1 on November 28,
                                                                                                              • Low productivity on automated                       2016.5 In both its 120-Day Response and
                                                        Signed: September 28, 2017.
                                                                                                                 equipment                                          in its Response to CIR No. 1, the Postal
                                                      John J. Manfreda,
                                                                                                              • Manual sorting                                      Service provided general information
                                                      Administrator.
                                                                                                              • Productivity and service issues in                  related to all pinch points, and
                                                      [FR Doc. 2017–21809 Filed 10–10–17; 8:45 am]               allied operations                                  information specific to each individual
                                                      BILLING CODE 4810–31–P                                  • Increased transportation time and cost              pinch point. The Postal Service’s
                                                                                                              • Last mile/delivery                                  responses were informative; however,
                                                                                                                 Using data available at the time, the              the Commission found that neither
                                                      POSTAL REGULATORY COMMISSION                            Commission identified and discussed                   response addressed the Commission’s
                                                                                                              flats cost and/or service issues for each             original and main request to develop a
                                                      39 CFR Part 3050                                        individual pinch point. See FY 2015                   method to measure, track, and report the
                                                      [Docket No. RM2018–1; Order No. 4142]                   ACD at 165–180. However, the                          cost and service performance issues
                                                                                                              Commission acknowledged that there                    relating to the individual pinch points.6
                                                      Data Enhancements and Reporting                         was a ‘‘lack of comprehensive data’’                  The Postal Service stated that the
                                                      Requirements for Flats                                  which prevents the Postal Service and                 information it provided is ‘‘the first step
                                                                                                              the Commission from measuring the
                                                      AGENCY: Postal Regulatory Commission.                                                                           2 Docket No. ACR2015, Third Response of the
                                                                                                              impact of specific initiatives designed to            United States Postal Service to Commission
                                                      ACTION:Advance notice of proposed                       improve cost and service issues for flats.            Requests for Additional Information in the FY 2015
                                                      rulemaking.                                             Id. at 180.                                           Annual Compliance Determination, Report
                                                                                                                 The Commission directed the Postal                 Regarding Information about Flats Data Systems,
                                                      SUMMARY:    The Commission is initiating
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                                                                                                                                                                    July 26, 2016 (120-Day Response).
                                                      a proceeding to explore enhancements                    Service to identify a method to measure,                3 Docket No. ACR2015, Commission Information

                                                      to the Postal Service’s data systems and                track, and report the cost and service                Request No. 1, September 27, 2016 (CIR No. 1).
                                                      to facilitate the development of                        performance issues relating to each                     4 See Docket No. ACR2015, Order Scheduling


                                                      consistent reporting requirements. This                 individual pinch point identified by the              Technical Conference, September 27, 2016 (Order
                                                                                                              Commission at the most granular level                 No. 3539).
                                                      document informs the public of the                                                                              5 Docket No. ACR2015, Response of the United

                                                      filing, invites public comment, and                     practicable. Id. at 181. To increase                  States Postal Service to Commission Information
                                                      takes other administrative steps.                                                                             Request No. 1, November 28, 2016 (Response to CIR
                                                                                                                1 Docket No. ACR2015, Annual Compliance             No. 1).
                                                      DATES: Comments are due: December 4,                    Determination Report, Fiscal Year 2015, March 28,       6 Docket No. ACR2016, Annual Compliance

                                                      2017.                                                   2016, at 165 (FY 2015 ACD).                           Determination Report, March 28, 2017, at 170.



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Document Created: 2018-10-25 09:59:23
Document Modified: 2018-10-25 09:59:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking; reopening of comment period.
DatesThe 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.
ContactKara 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.
FR Citation82 FR 47167 
RIN Number1513-AB61

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