81 FR 62047 - Proposed Establishment of the Cape May Peninsula Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 81, Issue 174 (September 8, 2016)

Page Range		62047-62052
FR Document		2016-21586

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 126,635-acre ``Cape May Peninsula'' viticultural area in Cape May and Cumberland Counties, New Jersey. The proposed viticultural area lies entirely within the Outer Coastal Plain viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations.

Federal Register, Volume 81 Issue 174 (Thursday, September 8, 2016)

[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Proposed Rules]
[Pages 62047-62052]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-21586]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2016-0007; Notice No. 161]
RIN 1513-AC26

Proposed Establishment of the Cape May Peninsula Viticultural
Area

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 126,635-acre ``Cape May Peninsula'' viticultural area in
Cape May and Cumberland Counties, New Jersey. The proposed viticultural
area lies entirely within the Outer Coastal Plain viticultural area.
TTB designates viticultural areas to allow vintners to better describe
the origin of their wines and to allow consumers to better identify
wines they may purchase. TTB invites comments on this proposed addition
to its regulations.

DATES: Comments must be received by November 7, 2016.

ADDRESSES: Please send your comments on this notice to one of the
following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2016-0007
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco

[[Page 62048]]

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 this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or obtain copies
of the petition and supporting materials.

FOR FURTHER INFORMATION CONTACT: Kate M. Bresnahan, 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. 151.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01, dated December
10, 2013, (superseding Treasury Order 120-01, dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of these provisions.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate 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) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas (AVAs) and
lists the approved AVAs.

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 having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established 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 the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.

Requirements

Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
the standards for petitions for the establishment or modification of
AVAs. Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.

Cape May Peninsula Petition

TTB received a petition from Alfred Natali, owner of Natali
Vineyards, LLC, on behalf of the ad hoc Cape May Wine Growers
Association, proposing the establishment of the ``Cape May Peninsula''
AVA. The proposed Cape May Peninsula AVA covers portions of Cape May
and Cumberland Counties, New Jersey. The proposed AVA lies entirely
within the established Outer Coastal Plain AVA (27 CFR 9.207) and does
not overlap any other existing or proposed AVA. The proposed Cape May
Peninsula AVA contains 126,635 acres, with 6 commercially-producing
vineyards covering approximately 115 acres distributed throughout the
proposed AVA, and an additional 147 vineyard acres planned within the
proposed AVA in the next few years. Grape varieties planted within the
proposed AVA include Albari[ntilde]o, Dolcetto, Tempranillo, Nebbiolo,
Merlot, Barbera, Moscato, Malvasia, and Viognier.
According to the petition, the distinguishing features of the
proposed Cape May Peninsula AVA include its temperature and soils.
Unless otherwise noted, all information and data pertaining to the
proposed AVA contained in this document are from the petition for the
proposed Cape May Peninsula AVA and its supporting exhibits.

Name Evidence

The proposed Cape May Peninsula AVA is located in southeastern New
Jersey on Cape May, named after Dutch explorer Captain Cornelius May.
Captain May began exploring the Delaware Bay and its surrounding areas
including the Cape, which he named after himself, in 1620. The first
settlement in Cape May County, in 1650, was the whaling community of
Town Bank, just north of Cape May Point.
The petitioner provided several examples of the current use of
``Cape May Peninsula'' to refer to the region of the proposed AVA. A
U.S. Fish and Wildlife Service brochure describing the wildlife of the
region is titled ``The Cape May Peninsula Is Not Like the Rest of New
Jersey.'' Two scientific articles describing birds found in the region
are titled ``The Influence of Weather, Geography, and Habitat on
Migrating Raptors on Cape May Peninsula'' \1\ and ``Woodcock Banding on
the Cape May Peninsula, New Jersey.'' \2\ Finally, the petitioner
provided two photos of the region from a commercial stock photo Web
site which are titled ``Aerial view of Cape May Peninsula, New Jersey''
and ``Salt marsh landscape, Cape May Peninsula, New Jersey.''
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\1\ Niles, Lawrence J., Joanna Berger, and Kathleen E. Clark.
1996. The influence of weather, geography, and habitat on migrating
raptors on Cape May Peninsula. The Condor. 98: 382-394.
\2\ Rieffenberger, Joseph C., and Fred Ferrigno. 1970. Bird-
Banding. 41: 1-10.
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The petitioner also provided multiple examples of the current use
of ``Cape May'' to refer to the region of the proposed AVA. For
example, numerous municipalities use the name ``Cape May,'' including:
Cape May County, Cape May Courthouse, Cape May Point, West Cape May,
and North Cape May.

[[Page 62049]]

Civic organizations such as the Cape May County Beach Plum Association
and the Cape May and Cape May County Chamber of Commerce use the ``Cape
May'' name, as does the Cape May County Board of Agriculture. In the
Yellow Pages, over 100 entries contain the ``Cape May'' name, from Cape
May Arcade to Cape May Wicker. Finally, one of the wineries in the
proposed AVA is called ``Cape May Winery and Vineyards.''

Boundary Evidence

The northern and northwestern boundaries of the proposed Cape May
Peninsula AVA separate the proposed AVA from the New Jersey Pinelands,
in which development is severely restricted by law. While permitted in
the New Jersey Pinelands, grape growing is difficult due to extremely
acidic soils. The eastern, western, and southern boundaries separate
the proposed AVA from the wetlands and coastal communities along the
Delaware Bay and Atlantic Ocean, which are unsuitable for viticulture
due to marshy conditions and urban development. The Delaware Bay
borders the proposed AVA to the south and west, and the Atlantic Ocean
is to the east of the proposed AVA.

Distinguishing Features

The distinguishing features of the proposed Cape May Peninsula AVA
are its temperature and soils.
Temperature
According to the petition, temperature is the most important
distinguishing feature of the proposed Cape May Peninsula AVA. The
petitioner compared temperature data from Cape May County Airport,
Woodbine Airport, and a U.S. Department of Agriculture site in
Swainton, New Jersey, all within the proposed AVA, with temperature
data from Millville Airport, the southernmost weather station in the
Outer Coastal Plain AVA outside the proposed AVA.
The petition included information on growing degree days (GDD) \3\
from both inside and outside the proposed AVA. GDDs are important to
viticulture because they represent how often daily temperatures rise
above 50 [deg]F, which is the minimum temperature required for active
vine growth and fruit development. Inside the proposed AVA, Cape May
Airport and Swainton have averages of 3,491 GDDs and 3,331 GDDs,
respectively, making the proposed AVA a Winkler Region III, which is
defined as between 3,001 and 3,500 GDDs.\4\ Millville Airport, outside
of the proposed AVA, has an average of 3,516 GDDs per year, making that
area a warmer Winkler Region IV, which is defined as between 3,501 and
4,000 GDDs.
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\3\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual growing
degree days (GDDs), defines climatic regions. One GDD accumulates
for each degree Fahrenheit that a day's mean temperature is above 50
degrees, the minimum temperature required for grapevine growth. See
Albert J. Winkler, General Viticulture (Berkeley: University of
California Press, 1974), pages 61-64.
\4\ The GDD data for Cape May Airport and Millville Airport was
recorded between 1998 and 2013. The GDD data for Swainton was
recorded between 1996 and 2013.
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However, the petition states that comparing only the average number
of GDDs within and outside the proposed AVA can be misleading when it
comes to determining the length of the growing season and the types of
grapes that can grow inside and outside the proposed AVA. For example,
the petition notes significant temperature differences in terms of
extreme temperatures. The average summertime high temperature at Cape
May Airport is 94 [deg]F (F), while the average summertime high
temperature at Millville Airport is 98 [deg]F.\5\ Average summertime
high temperatures for Woodbine Airport and Swainton are not provided in
the petition. The average wintertime low temperatures at Woodbine
Airport, Swainton, and Cape May Airport are 7 [deg]F, 9 [deg]F, and 12
[deg]F, respectively. The average wintertime low temperature at
Millville Airport is 3 [deg]F.\6\ Plus 5 [deg]F to minus 5 [deg]F is
the killing range for all but the most cold-hardy Vitis vinifera vines.
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\5\ Extreme high temperature data for Cape May Airport and
Millville Airport was recorded between 1998 and 2013.
\6\ Extreme low temperature data for Woodbine Airport and
Swainton was recorded between 2005 and 2014. Extreme low temperature
data for Cape May Airport and Millville Airport was recorded between
1998 and 2014.
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Another significant indicator of the climate difference between the
proposed Cape May Peninsula AVA and the existing Outer Coastal Plain
AVA is the number of frost-free days. A comparison of weather data from
Millville and Swainton shows that the average number of frost-free days
at Millville is 179, while the average number of frost-free days at
Swainton is 207.\7\ At Swainton, the last freeze usually occurs around
April 15 and the first frost usually occurs around November 1. At
Millville, the last freeze usually occurs in late April and the first
frost usually occurs in mid-October. Due to the above differences in
frost-free days and GDD totals, the proposed AVA accumulates fewer GDDs
over a longer growing season than the Outer Coastal Plain AVA
accumulates in a shorter season.
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\7\ The average number of frost-free days per year at Millville
Airport is based on data recorded between 1998 and 2013. The average
number of frost-free days per year at Swainton is based on data
recorded between 1996 and 2013.
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The combination of warmer wintertime temperatures and a longer
growing season explains the proposed AVA's ability to grow cold-tender
Vitis vinifera (more than 90 percent of its plantings) in preference to
the hybrids and native plants grown throughout the existing Outer
Coastal Plain AVA.
Soils
The soils in the proposed AVA are mostly loamy sand, whereas the
soils in the existing Outer Coastal Plain AVA are a sandy loam.
According to the petition, soils best suited to viticulture are well-
drained, where the water table is a minimum of six feet or deeper.
These types of soils include Downer, Evesboro, Sassafras, Fort Mott,
Hooksan, Swainton, and Aura. All of these soils are present in the
proposed AVA and in the Outer Coastal Plain AVA; however, the Outer
Coastal Plain AVA contains additional soils not found in the proposed
AVA, including Hammonton, Waterford, Galetown, and Metapeake.
The soils in the 126,635-acre proposed AVA are as follows:
Hydric (unsuited to farming): 51,609 acres;
Arable (suited to berry-type farming): 48,454 acres;
Well-drained (suited to viticulture): 16,381 acres; and
Municipal parks, airports, freshwater lakes, ponds, and
tidal creeks: 10,191 acres.

The Cape May County Planning Department has identified the areas with
the most well-drained soils as prospective sites for viticulture.
The New Jersey Pinelands to the north and west of the proposed AVA
is an area of dense pine forest with acidic soils that are unsuitable
for most farming, including viticulture. The Pinelands cover 22 percent
of the state and nearly half of the existing Outer Coastal Plain AVA.
The Pinelands consist of pygmy pines, swamp cedars, insect-eating
plants, orchids, unique species of reptiles, endangered birds, self-
contained springs, lakes, streams and bogs, and a sandy, extremely
acidic and nutrient-poor surface soil. The only serious commercial
crops in the Pinelands are acid-loving cranberries and blueberries. The
petition states that during colonial times, people attempted to farm
this land but failed due to the infertility of the soil and the low pH
(the mean pH for the Pinelands is 4.4; grape vines require a pH in the
6 to 7 range). In order to improve the quality of the

[[Page 62050]]

soils in the Pinelands, one would have to apply and incorporate large
amounts of lime over a long period of time.
Summary of Distinguishing Features
In summary, the temperature and soils of the proposed Cape May
Peninsula AVA distinguish it from the surrounding regions. The proposed
AVA is a Winkler Region III climate, while Millville, located in the
existing Outer Coastal Plain AVA, is a Winkler Region IV climate. The
proposed AVA also experiences more frost-free days and a longer growing
season than the rest of the Outer Coastal Plain AVA. Warmer wintertime
low temperatures and a longer growing season explain the proposed AVA's
ability to grow Vitis vinifera grape varieties, which cannot grow in
the cooler winter climate found throughout most of the Outer Coastal
Plain AVA. Finally, due to sufficient soil depth above the water table,
which allows for deep vine growth, the proposed AVA is suitable for
growing grapes, while the New Jersey Pinelands to the north and west of
the proposed AVA are unsuitable for most farming due to tremendously
acidic soils that make the area infertile.

Comparison of the Proposed Cape May Peninsula AVA to the Existing Outer
Coastal Plain AVA

Outer Coastal Plain AVA
T.D. TTB-58, which published in the Federal Register on February 9,
2007 (72 FR 6165), established the Outer Coastal Plain AVA in all of
Cumberland, Cape May, Atlantic, and Ocean Counties and portions of
Salem, Gloucester, Camden, Burlington, and Monmouth Counties, New
Jersey. The Outer Coastal Plain AVA is described in T.D. TTB-58 as
having well-drained soils with a low pH, elevations below 280 feet
above sea level, and a generally warm climate strongly influenced by
the Atlantic Ocean and the Delaware Bay.
Despite their differences, the proposed Cape May Peninsula AVA and
the existing Outer Coastal Plain AVA have broadly similar
characteristics. Developed during the Pleistocene Epoch, the surface
layers in the proposed Cape May Peninsula AVA are composed of sand,
gravel, clay-based silt, and peat. This is similar to the surface
layers of the Outer Coastal Plain AVA. Additionally, both the
established Outer Coastal Plain AVA and the proposed AVA have lower
elevations, soils with lower amounts of fine silt, and longer growing
seasons than the region outside the established AVA. Therefore, the
proposed Cape May Peninsula AVA appears to share enough similarities to
remain within the established Outer Coastal Plain AVA.

TTB Determination

TTB concludes that the petition to establish the 126,635-acre Cape
May Peninsula AVA merits consideration and public comment, as invited
in this notice of proposed rulemaking.

Boundary Description

See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.

Maps

The petitioner provided the required maps, and they are listed
below in the proposed regulatory text.

Impact on Current Wine Labels

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 labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Cape May
Peninsula,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies this point. Consequently,
wine bottlers using the name ``Cape May Peninsula'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, would have to ensure that the product is eligible to use
the AVA name as an appellation of origin if this proposed rule is
adopted as a final rule. TTB is not proposing ``Cape May,'' standing
alone, as a term of viticultural significance if the proposed AVA is
established, in order to avoid a potential conflict with a current
label holder. Accordingly, the proposed part 9 regulatory text set
forth in this document specifies only the full name ``Cape May
Peninsula'' as a term of viticultural significance for the purposes of
part 4 of the TTB regulations.
The approval of the proposed Cape May Peninsula AVA would not
affect any existing AVA, and any bottlers using ``Outer Coastal Plain''
as an appellation of origin or in a brand name for wines made from
grapes grown within the Outer Coastal Plain would not be affected by
the establishment of this new AVA. The establishment of the proposed
Cape May Peninsula AVA would allow vintners to use ``Cape May
Peninsula'' and ``Outer Coastal Plain'' as appellations of origin for
wines made from grapes grown within the proposed Cape May Peninsula
AVA, if the wines meet the eligibility requirements for the
appellation.

Public Participation

Comments Invited

TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. TTB is also interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils, climate, and other required information submitted in
support of the petition. In addition, given the proposed Cape May
Peninsula AVA's location within the existing Outer Coastal Plain AVA,
TTB is interested in comments on whether the evidence submitted in the
petition regarding the distinguishing features of the proposed AVA
sufficiently differentiates it from the existing Outer Coastal Plain
AVA. TTB is also interested in comments on whether the geographic
features of the proposed AVA are so distinguishable from the
surrounding Outer Coastal Plain AVA that the proposed Cape May
Peninsula AVA should no longer be part of that AVA. Please provide any
available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Cape May Peninsula AVA on wine labels that include the term
``Cape May Peninsula'' as discussed above under Impact on Current Wine
Labels, TTB is particularly interested in comments regarding whether
there will be a conflict between the proposed AVA name and currently
used brand names. If a commenter believes that a conflict will arise,
the comment should describe the nature of that conflict, including any
anticipated negative economic impact that approval of the proposed AVA
will have on an existing viticultural enterprise. TTB is also
interested in receiving suggestions for ways to avoid

[[Page 62051]]

conflicts, for example, by adopting a modified or different name for
the AVA.

Submitting Comments

You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2016-
0007 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 161 on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 161 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.

Confidentiality

All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.

Public Disclosure

TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2016-0007 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 161. You may
also reach the relevant docket through the Regulations.gov search page
at http://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that TTB receives about this proposal by appointment at the
TTB Public Reading Room, 1310 G Street NW., Washington, DC 20005. You
may also obtain copies at 20 cents per 8.5 x 11-inch page. Please note
that TTB is unable to provide copies of USGS maps or other similarly-
sized documents that may be included as part of the AVA petition.
Contact TTB's Public Reading Room at the above address or by telephone
at 202-822-9904 to schedule an appointment or to request copies of
comments or other materials.

Regulatory Flexibility Act

TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.

Drafting Information

Kate M. Bresnahan of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.

List of Subjects in 27 CFR Part 9

Wine.

Proposed Regulatory Amendment

For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, 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. Subpart C is amended by adding Sec. 9.__ to read as follows:

Sec. __ Cape May Peninsula.

(a) Name. The name of the viticultural area described in this
section is ``Cape May Peninsula''. For purposes of part 4 of this
chapter, ``Cape May Peninsula'' is a term of viticultural significance.
(b) Approved maps. The 11 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Cape May Peninsula viticultural area are titled:
(1) Ocean City, New Jersey, 1989;
(2) Marmora, New Jersey, 1989;
(3) Sea Isle City, New Jersey, 1952; photorevised, 1972;
(4) Woodbine, New Jersey, 1958; photorevised, 1972;
(5) Stone Harbor, New Jersey, 1955; photorevised, 1972;
(6) Wildwood, New Jersey, 1955; photorevised, 1972;
(7) Cape May, New Jersey, 1954; photorevised, 1972;
(8) Rio Grande, New Jersey, 1956; photorevised, 1972;
(9) Heislerville, New Jersey, 1957; photorevised, 1972;
(10) Port Elizabeth, New Jersey, 1956; photorevised, 1972; and
(11) Tuckahoe, New Jersey, 1956; photorevised, 1972.
(c) Boundary. The Cape May Peninsula viticultural area is located
in

[[Page 62052]]

Cape May and Cumberland Counties, New Jersey. The boundary of the Cape
May Peninsula viticultural area is as described below:
(1) The beginning point is on the Ocean City quadrangle at the
intersection of the 10-foot elevation contour and the Garden State
Parkway, on the southern shore of Great Egg Harbor, northwest of
Golders Point. Proceed southeast, then generally southwest along the
meandering 10-foot elevation contour, crossing onto the Marmora
quadrangle, then onto the Sea Isle City quadrangle, to the intersection
of the 10-foot elevation contour with an unnamed road known locally as
Sea Isle Boulevard; then
(2) Proceed northwesterly along Sea Isle Boulevard to the
intersection of the road with U.S. Highway 9; then
(3) Proceed southwesterly along U.S. Highway 9 to the intersection
of the highway with the 10-foot elevation contour south of Magnolia
Lake; then
(4) Proceed generally southwesterly along the meandering 10-foot
elevation contour, crossing onto the Woodbine quadrangle, then briefly
back onto the Sea Isle City quadrangle, then back onto the Woodbine
quadrangle, to the intersection of the 10-foot elevation contour with
the western span of the Garden State Parkway east of Clermont; then
(5) Proceed southwest along the Garden State Parkway to the
intersection of the road with Uncle Aarons Creek; then
(6) Proceed westerly (upstream) along Uncle Aarons Creek to the
intersection of the creek with the 10-foot elevation contour near the
headwaters of the creek; then
(7) Proceed easterly, then southwesterly along the 10-foot
elevation contour, crossing onto the Stone Harbor quadrangle, then onto
the northwesternmost corner of the Wildwood quadrangle, then onto Cape
May quadrangle, to the intersection of the 10-foot elevation contour
with State Route 109 and Benchmark (BM) 8, east of Cold Spring; then
(8) Proceed southeast, then south, along State Route 109 to the
intersection of the road with the north bank of the Cape May Canal;
then
(9) Proceed northwest along the north bank of the Cape May Canal to
the intersection of the canal with the railroad tracks (Pennsylvania
Reading Seashore Lines); then
(10) Proceed south along the railroad tracks, crossing the canal,
to the intersection of the railroad tracks with the south bank of the
Cape May Canal; then
(11) Proceed east along the canal bank to the intersection of the
canal with Cape Island Creek; then
(12) Proceed south, then northwest along the creek to the
intersection of the creek with a tributary running north-south west of
an unnamed road known locally as 1st Avenue; then
(13) Proceed north along the tributary to its intersection with
Sunset Boulevard; then
(14) Proceed northwest along Sunset Boulevard to the intersection
of the road with Benchmark (BM) 6; then
(15) Proceed south in a straight line to the shoreline; then
(16) Proceed west, then northwest, then northeast along the
shoreline, rounding Cape May Point, and continuing northeasterly along
the shoreline, crossing onto the Rio Grande quadrangle, then onto the
Heislerville quadrangle, to the intersection of the shoreline with West
Creek; then
(17) Proceed generally north along the meandering West Creek,
passing through Pickle Factory Pond and Hands Millpond, and continuing
along West Creek, crossing onto the Port Elizabeth quadrangle, and
continuing along West Creek to the fork in the creek north of Wrights
Crossway Road; then
(18) Proceed along the eastern fork of West Creek to the cranberry
bog; then
(19) Proceed through the cranberry bog and continue northeasterly
along the branch of West Creek that exits the cranberry bog to the
creek's terminus south of an unnamed road known locally as Joe Mason
Road; then
(20) Proceed northeast in a straight line to Tarkiln Brook
Tributary; then
(21) Proceed easterly along Tarkiln Brook Tributary, passing
through the cranberry bog, crossing onto the Tuckahoe quadrangle, and
continuing along Tarkiln Brook tributary to its intersection with the
Tuckahoe River and the Atlantic-Cape May County line; then
(22) Proceed easterly along the Atlantic-Cape May County line,
crossing onto the Marmora and Cape May quadrangles, to the intersection
of the Atlantic-Cape May County line with the Garden State Parkway on
the Cape May quadrangle; then
(23) Proceed south along the Garden State Parkway, returning to the
beginning point.

John J. Manfreda,
Administrator.
[FR Doc. 2016-21586 Filed 9-7-16; 8:45 am]
BILLING CODE 4810-31-P

Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules 62047

the comment period for Notice No. 160, proposed rule and any comments TTB especially interested in comments
Proposed Revisions to Wine Labeling receives about this proposal by regarding whether any geographic
and Recordkeeping Requirements, a appointment at the TTB Information reference to the source of the grapes
notice of proposed rulemaking Resource Center, 1310 G Street NW., used in the wine could be included on
published in the Federal Register on Washington, DC 20005. Please call 202– a wine label in a way that would not be
June 22, 2016. In Notice No. 160, TTB 453–2270 to make an appointment. misleading with regard to the source of
proposed to amend its labeling and FOR FURTHER INFORMATION CONTACT: the wine. In light of the reopening of the
recordkeeping regulations in 27 CFR Jennifer Berry, Alcohol and Tobacco comment period, TTB is asking that
part 24 to provide that any standard Tax and Trade Bureau, Regulations and commenters consider this issue when
grape wine containing 7 percent or more Rulings Division; telephone 202–453– commenting on Notice No. 160. Please
alcohol by volume that is covered by a 1039, ext. 275. provide any available specific
certificate of exemption from label SUPPLEMENTARY INFORMATION: In Notice information in support of your
approval may be labeled with a varietal No. 160 (81 FR 40584, June 22, 2016), comments.
(grape type) designation, a type the Alcohol and Tobacco Tax and Trade Drafting Information
designation of varietal significance, a Bureau (TTB) proposed to amend its
vintage date, or an appellation of origin Jennifer Berry of the Regulations and
labeling and recordkeeping regulations
only if the wine is labeled in Rulings Division drafted this notice.
in 27 CFR part 24 to provide that any
compliance with the standards set forth standard grape wine containing 7 Dated: September 1, 2016.
in the appropriate sections of 27 CFR percent or more alcohol by volume that John J. Manfreda,
part 4 for that label information. TTB is covered by a certificate of exemption Administrator.
also proposed to amend its part 4 wine from label approval may be labeled with [FR Doc. 2016–21522 Filed 9–7–16; 8:45 am]
labeling regulations to include a a varietal (grape type) designation, a BILLING CODE 4810–31–P
reference to the new part 24 type designation of varietal significance,
requirement. TTB is reopening the a vintage date, or an appellation of
comment period in response to requests origin only if the wine is labeled in DEPARTMENT OF THE TREASURY
from two wine industry trade compliance with the standards set forth
associations. In addition, this reopening in the appropriate sections of 27 CFR Alcohol and Tobacco Tax and Trade
of the comment period solicits part 4 for that label information. TTB is Bureau
comments from the public on issues that also proposing to amend its part 4 wine
were raised in comments received in labeling regulations to include a 27 CFR Part 9
response to Notice No. 160. reference to the new part 24 [Docket No. TTB–2016–0007; Notice No.
DATES: The comment period for the requirement. The 60-day comment 161]
proposed rule published on June 22, period for Notice No. 160 originally
2016 (81 FR 40584) is reopened. Written RIN 1513–AC26
closed on August 22, 2016.
comments on Notice No. 160 are now TTB has received two requests from
due on or before December 7, 2016. Proposed Establishment of the Cape
California-based wine industry trade May Peninsula Viticultural Area
ADDRESSES: Please send your comments associations to extend the public
on Notice No. 160 to one of the comment period an additional 90 days. AGENCY: Alcohol and Tobacco Tax and
following addresses: The first, dated August 2, 2016, was Trade Bureau, Treasury.
• Internet: https:// submitted by Wine Institute; the second, ACTION: Notice of proposed rulemaking.
www.regulations.gov (via the online dated August 19, 2016, was submitted
comment form for this notice as posted by the California Association of SUMMARY: The Alcohol and Tobacco Tax
within Docket No. TTB–2016–0005 at Winegrape Growers. Both associations and Trade Bureau (TTB) proposes to
‘‘Regulations.gov,’’ the Federal e- state that additional time is needed to establish the 126,635-acre ‘‘Cape May
rulemaking portal); assess the proposal’s effects on their Peninsula’’ viticultural area in Cape
• U.S. Mail: Director, Regulations and membership, noting that their members May and Cumberland Counties, New
Rulings Division, Alcohol and Tobacco are currently preoccupied with the Jersey. The proposed viticultural area
Tax and Trade Bureau, 1310 G Street grape harvest. The letters are posted as lies entirely within the Outer Coastal
NW., Box 12, Washington, DC 20005; or Comment 7 and Comment 41 within Plain viticultural area. TTB designates
• Hand delivery/courier in lieu of Docket No. TTB–2016–0005 at viticultural areas to allow vintners to
mail: Alcohol and Tobacco Tax and www.regulations.gov. better describe the origin of their wines
Trade Bureau, 1310 G Street NW., Suite and to allow consumers to better
400, Washington, DC 20005. Determination To Re-Open the Public identify wines they may purchase. TTB
See the Public Participation section of Comment Period invites comments on this proposed
Notice 160 notice for specific In response to the requests from Wine addition to its regulations.
instructions and requirements for Institute and the California Association DATES: Comments must be received by
submitting comments, and for of Winegrape Growers to extend the November 7, 2016.
information on how to request a public comment period, TTB is reopening the ADDRESSES: Please send your comments
hearing. comment period for Notice No. 160 for on this notice to one of the following
You may view copies of this an additional 90 days. We believe this addresses:
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document and any comments TTB additional time is necessary for industry • Internet: https://
receives about this proposal at https:// members and the public to fully www.regulations.gov (via the online
www.regulations.gov within Docket No. consider the proposals outlined in comment form for this notice as posted
TTB–2016–0005. A link to that docket is Notice 160. Therefore, comments on within Docket No. TTB–2016–0007 at
posted on the TTB Web site at https:// Notice No. 160 are now due on or before ‘‘Regulations.gov,’’ the Federal e-
www.ttb.gov/wine/wine- December 7, 2016. rulemaking portal);
rulemaking.shtml under Notice No. 160. Based on comments TTB has received • U.S. Mail: Director, Regulations and
You also may view copies of this to date on Notice No. 160, TTB is Rulings Division, Alcohol and Tobacco

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62048 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules

Tax and Trade Bureau, 1310 G Street distinguishing features, as described in with 6 commercially-producing
NW., Box 12, Washington, DC 20005; or part 9 of the regulations, and a name vineyards covering approximately 115
• Hand delivery/courier in lieu of and a delineated boundary, as acres distributed throughout the
mail: Alcohol and Tobacco Tax and established in part 9 of the regulations. proposed AVA, and an additional 147
Trade Bureau, 1310 G Street NW., Suite These designations allow vintners and vineyard acres planned within the
400, Washington, DC 20005. consumers to attribute a given quality, proposed AVA in the next few years.
See the Public Participation section of reputation, or other characteristic of a Grape varieties planted within the
this notice for specific instructions and wine made from grapes grown in an area proposed AVA include Albariño,
requirements for submitting comments, to the wine’s geographic origin. The Dolcetto, Tempranillo, Nebbiolo,
and for information on how to request establishment of AVAs allows vintners Merlot, Barbera, Moscato, Malvasia, and
a public hearing or view or obtain to describe more accurately the origin of Viognier.
copies of the petition and supporting their wines to consumers and helps According to the petition, the
materials. consumers to identify wines they may distinguishing features of the proposed
FOR FURTHER INFORMATION CONTACT: Kate purchase. Establishment of an AVA is Cape May Peninsula AVA include its
M. Bresnahan, Regulations and Rulings neither an approval nor an endorsement temperature and soils. Unless otherwise
Division, Alcohol and Tobacco Tax and by TTB of the wine produced in that noted, all information and data
Trade Bureau, 1310 G Street NW., Box area. pertaining to the proposed AVA
12, Washington, DC 20005; phone 202– contained in this document are from the
Requirements petition for the proposed Cape May
453–1039, ext. 151.
Section 4.25(e)(2) of the TTB Peninsula AVA and its supporting
SUPPLEMENTARY INFORMATION:
regulations (27 CFR 4.25(e)(2)) outlines exhibits.
Background on Viticultural Areas the procedure for proposing an AVA Name Evidence
TTB Authority and provides that any interested party
may petition TTB to establish a grape- The proposed Cape May Peninsula
Section 105(e) of the Federal Alcohol growing region as an AVA. Section 9.12 AVA is located in southeastern New
Administration Act (FAA Act), 27 of the TTB regulations (27 CFR 9.12) Jersey on Cape May, named after Dutch
U.S.C. 205(e), authorizes the Secretary prescribes the standards for petitions for explorer Captain Cornelius May.
of the Treasury to prescribe regulations the establishment or modification of Captain May began exploring the
for the labeling of wine, distilled spirits, AVAs. Petitions to establish an AVA Delaware Bay and its surrounding areas
and malt beverages. The FAA Act must include the following: including the Cape, which he named
provides that these regulations should, • Evidence that the area within the after himself, in 1620. The first
among other things, prohibit consumer proposed AVA boundary is nationally settlement in Cape May County, in
deception and the use of misleading or locally known by the AVA name 1650, was the whaling community of
statements on labels and ensure that specified in the petition; Town Bank, just north of Cape May
labels provide the consumer with • An explanation of the basis for Point.
adequate information as to the identity defining the boundary of the proposed The petitioner provided several
and quality of the product. The Alcohol AVA; examples of the current use of ‘‘Cape
and Tobacco Tax and Trade Bureau • A narrative description of the May Peninsula’’ to refer to the region of
(TTB) administers the FAA Act features of the proposed AVA affecting the proposed AVA. A U.S. Fish and
pursuant to section 1111(d) of the viticulture, such as climate, geology, Wildlife Service brochure describing the
Homeland Security Act of 2002, soils, physical features, and elevation, wildlife of the region is titled ‘‘The Cape
codified at 6 U.S.C. 531(d). The that make the proposed AVA distinctive May Peninsula Is Not Like the Rest of
Secretary has delegated various and distinguish it from adjacent areas New Jersey.’’ Two scientific articles
authorities through Treasury outside the proposed AVA; describing birds found in the region are
Department Order 120–01, dated • The appropriate United States titled ‘‘The Influence of Weather,
December 10, 2013, (superseding Geological Survey (USGS) map(s) Geography, and Habitat on Migrating
Treasury Order 120–01, dated January showing the location of the proposed Raptors on Cape May Peninsula’’ 1 and
24, 2003), to the TTB Administrator to AVA, with the boundary of the ‘‘Woodcock Banding on the Cape May
perform the functions and duties in the proposed AVA clearly drawn thereon; Peninsula, New Jersey.’’ 2 Finally, the
administration and enforcement of these and petitioner provided two photos of the
provisions. • A detailed narrative description of region from a commercial stock photo
Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on Web site which are titled ‘‘Aerial view
part 4) authorizes TTB to establish USGS map markings. of Cape May Peninsula, New Jersey’’
definitive viticultural areas and regulate and ‘‘Salt marsh landscape, Cape May
Cape May Peninsula Petition Peninsula, New Jersey.’’
the use of their names as appellations of
origin on wine labels and in wine TTB received a petition from Alfred The petitioner also provided multiple
advertisements. Part 9 of the TTB Natali, owner of Natali Vineyards, LLC, examples of the current use of ‘‘Cape
regulations (27 CFR part 9) sets forth on behalf of the ad hoc Cape May Wine May’’ to refer to the region of the
standards for the preparation and Growers Association, proposing the proposed AVA. For example, numerous
submission of petitions for the establishment of the ‘‘Cape May municipalities use the name ‘‘Cape
establishment or modification of Peninsula’’ AVA. The proposed Cape May,’’ including: Cape May County,
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American viticultural areas (AVAs) and May Peninsula AVA covers portions of Cape May Courthouse, Cape May Point,
lists the approved AVAs. Cape May and Cumberland Counties, West Cape May, and North Cape May.
New Jersey. The proposed AVA lies
Definition entirely within the established Outer 1 Niles, Lawrence J., Joanna Berger, and Kathleen

Section 4.25(e)(1)(i) of the TTB Coastal Plain AVA (27 CFR 9.207) and E. Clark. 1996. The influence of weather, geography,
and habitat on migrating raptors on Cape May
regulations (27 CFR 4.25(e)(1)(i)) defines does not overlap any other existing or Peninsula. The Condor. 98: 382–394.
a viticultural area for American wine as proposed AVA. The proposed Cape May 2 Rieffenberger, Joseph C., and Fred Ferrigno.

a delimited grape-growing region having Peninsula AVA contains 126,635 acres, 1970. Bird-Banding. 41: 1–10.

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Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules 62049

Civic organizations such as the Cape active vine growth and fruit differences in frost-free days and GDD
May County Beach Plum Association development. Inside the proposed AVA, totals, the proposed AVA accumulates
and the Cape May and Cape May Cape May Airport and Swainton have fewer GDDs over a longer growing
County Chamber of Commerce use the averages of 3,491 GDDs and 3,331 GDDs, season than the Outer Coastal Plain
‘‘Cape May’’ name, as does the Cape respectively, making the proposed AVA AVA accumulates in a shorter season.
May County Board of Agriculture. In the a Winkler Region III, which is defined The combination of warmer
Yellow Pages, over 100 entries contain as between 3,001 and 3,500 GDDs.4 wintertime temperatures and a longer
the ‘‘Cape May’’ name, from Cape May Millville Airport, outside of the growing season explains the proposed
Arcade to Cape May Wicker. Finally, proposed AVA, has an average of 3,516 AVA’s ability to grow cold-tender Vitis
one of the wineries in the proposed GDDs per year, making that area a vinifera (more than 90 percent of its
AVA is called ‘‘Cape May Winery and warmer Winkler Region IV, which is plantings) in preference to the hybrids
Vineyards.’’ defined as between 3,501 and 4,000 and native plants grown throughout the
GDDs. existing Outer Coastal Plain AVA.
Boundary Evidence However, the petition states that
The northern and northwestern Soils
comparing only the average number of
boundaries of the proposed Cape May GDDs within and outside the proposed The soils in the proposed AVA are
Peninsula AVA separate the proposed AVA can be misleading when it comes mostly loamy sand, whereas the soils in
AVA from the New Jersey Pinelands, in to determining the length of the growing the existing Outer Coastal Plain AVA
which development is severely season and the types of grapes that can are a sandy loam. According to the
restricted by law. While permitted in grow inside and outside the proposed petition, soils best suited to viticulture
the New Jersey Pinelands, grape AVA. For example, the petition notes are well-drained, where the water table
growing is difficult due to extremely significant temperature differences in is a minimum of six feet or deeper.
acidic soils. The eastern, western, and terms of extreme temperatures. The These types of soils include Downer,
southern boundaries separate the average summertime high temperature Evesboro, Sassafras, Fort Mott, Hooksan,
proposed AVA from the wetlands and at Cape May Airport is 94 °F (F), while Swainton, and Aura. All of these soils
coastal communities along the Delaware the average summertime high are present in the proposed AVA and in
Bay and Atlantic Ocean, which are temperature at Millville Airport is 98 the Outer Coastal Plain AVA; however,
unsuitable for viticulture due to marshy °F.5 Average summertime high the Outer Coastal Plain AVA contains
conditions and urban development. The temperatures for Woodbine Airport and additional soils not found in the
Delaware Bay borders the proposed Swainton are not provided in the proposed AVA, including Hammonton,
AVA to the south and west, and the petition. The average wintertime low Waterford, Galetown, and Metapeake.
Atlantic Ocean is to the east of the temperatures at Woodbine Airport, The soils in the 126,635-acre
proposed AVA. Swainton, and Cape May Airport are 7 proposed AVA are as follows:
°F, 9 °F, and 12 °F, respectively. The • Hydric (unsuited to farming):
Distinguishing Features 51,609 acres;
average wintertime low temperature at
The distinguishing features of the Millville Airport is 3 °F.6 Plus 5 °F to • Arable (suited to berry-type
proposed Cape May Peninsula AVA are minus 5 °F is the killing range for all but farming): 48,454 acres;
its temperature and soils. the most cold-hardy Vitis vinifera vines. • Well-drained (suited to viticulture):
Another significant indicator of the 16,381 acres; and
Temperature • Municipal parks, airports,
climate difference between the proposed
According to the petition, temperature Cape May Peninsula AVA and the freshwater lakes, ponds, and tidal
is the most important distinguishing existing Outer Coastal Plain AVA is the creeks: 10,191 acres.
feature of the proposed Cape May number of frost-free days. A comparison The Cape May County Planning
Peninsula AVA. The petitioner of weather data from Millville and Department has identified the areas
compared temperature data from Cape Swainton shows that the average with the most well-drained soils as
May County Airport, Woodbine Airport, number of frost-free days at Millville is prospective sites for viticulture.
and a U.S. Department of Agriculture 179, while the average number of frost- The New Jersey Pinelands to the north
site in Swainton, New Jersey, all within free days at Swainton is 207.7 At and west of the proposed AVA is an
the proposed AVA, with temperature Swainton, the last freeze usually occurs area of dense pine forest with acidic
data from Millville Airport, the around April 15 and the first frost soils that are unsuitable for most
southernmost weather station in the usually occurs around November 1. At farming, including viticulture. The
Outer Coastal Plain AVA outside the Millville, the last freeze usually occurs Pinelands cover 22 percent of the state
proposed AVA. in late April and the first frost usually and nearly half of the existing Outer
The petition included information on occurs in mid-October. Due to the above Coastal Plain AVA. The Pinelands
growing degree days (GDD) 3 from both consist of pygmy pines, swamp cedars,
inside and outside the proposed AVA. 4 The GDD data for Cape May Airport and insect-eating plants, orchids, unique
GDDs are important to viticulture Millville Airport was recorded between 1998 and species of reptiles, endangered birds,
because they represent how often daily 2013. The GDD data for Swainton was recorded
between 1996 and 2013.
self-contained springs, lakes, streams
temperatures rise above 50 °F, which is 5 Extreme high temperature data for Cape May and bogs, and a sandy, extremely acidic
the minimum temperature required for Airport and Millville Airport was recorded between and nutrient-poor surface soil. The only
1998 and 2013. serious commercial crops in the
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3 In the Winkler climate classification system, 6 Extreme low temperature data for Woodbine
Pinelands are acid-loving cranberries
annual heat accumulation during the growing Airport and Swainton was recorded between 2005
season, measured in annual growing degree days and 2014. Extreme low temperature data for Cape
and blueberries. The petition states that
(GDDs), defines climatic regions. One GDD May Airport and Millville Airport was recorded during colonial times, people attempted
accumulates for each degree Fahrenheit that a day’s between 1998 and 2014. to farm this land but failed due to the
mean temperature is above 50 degrees, the 7 The average number of frost-free days per year
infertility of the soil and the low pH (the
minimum temperature required for grapevine at Millville Airport is based on data recorded
growth. See Albert J. Winkler, General Viticulture between 1998 and 2013. The average number of
mean pH for the Pinelands is 4.4; grape
(Berkeley: University of California Press, 1974), frost-free days per year at Swainton is based on data vines require a pH in the 6 to 7 range).
pages 61–64. recorded between 1996 and 2013. In order to improve the quality of the

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62052 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules

Cape May and Cumberland Counties, (11) Proceed east along the canal bank DEPARTMENT OF LABOR
New Jersey. The boundary of the Cape to the intersection of the canal with
May Peninsula viticultural area is as Cape Island Creek; then Occupational Safety and Health
described below: (12) Proceed south, then northwest Administration
(1) The beginning point is on the along the creek to the intersection of the
Ocean City quadrangle at the creek with a tributary running north- 29 CFR Part 1915
intersection of the 10-foot elevation south west of an unnamed road known [Docket No. OSHA–2013–0022]
contour and the Garden State Parkway, locally as 1st Avenue; then
on the southern shore of Great Egg RIN 1218–AA68
Harbor, northwest of Golders Point. (13) Proceed north along the tributary
Proceed southeast, then generally to its intersection with Sunset Fall Protection in Shipyard
southwest along the meandering 10-foot Boulevard; then Employment
elevation contour, crossing onto the (14) Proceed northwest along Sunset AGENCY: Occupational Safety and Health
Marmora quadrangle, then onto the Sea Boulevard to the intersection of the road Administration (OSHA), Department of
Isle City quadrangle, to the intersection with Benchmark (BM) 6; then Labor.
of the 10-foot elevation contour with an (15) Proceed south in a straight line to ACTION: Request for information (RFI).
unnamed road known locally as Sea Isle the shoreline; then
Boulevard; then (16) Proceed west, then northwest, SUMMARY: OSHA is considering revising
(2) Proceed northwesterly along Sea then northeast along the shoreline, and updating its safety standards that
Isle Boulevard to the intersection of the rounding Cape May Point, and address access and egress (including
road with U.S. Highway 9; then continuing northeasterly along the stairways and ladders), fall and falling
(3) Proceed southwesterly along U.S. shoreline, crossing onto the Rio Grande object protection, and scaffolds in
Highway 9 to the intersection of the quadrangle, then onto the Heislerville shipbuilding, ship repair, shipbreaking,
highway with the 10-foot elevation quadrangle, to the intersection of the and other shipyard related employment
contour south of Magnolia Lake; then shoreline with West Creek; then (collectively referred to as ‘‘shipyard
(4) Proceed generally southwesterly employment’’ in this document). The
along the meandering 10-foot elevation (17) Proceed generally north along the Agency has not updated these standards
contour, crossing onto the Woodbine meandering West Creek, passing since adopting them in 1971. To assist
quadrangle, then briefly back onto the through Pickle Factory Pond and Hands with this determination, OSHA requests
Sea Isle City quadrangle, then back onto Millpond, and continuing along West comment, information and data on a
the Woodbine quadrangle, to the Creek, crossing onto the Port Elizabeth number of issues, including: The
intersection of the 10-foot elevation quadrangle, and continuing along West workplace hazards these standards
contour with the western span of the Creek to the fork in the creek north of address, particularly fall hazards; the
Garden State Parkway east of Clermont; Wrights Crossway Road; then current practices employers in shipyard
then (18) Proceed along the eastern fork of employment use to protect workers from
(5) Proceed southwest along the West Creek to the cranberry bog; then those hazards; any advances in
Garden State Parkway to the (19) Proceed through the cranberry technology since OSHA adopted the
intersection of the road with Uncle bog and continue northeasterly along standards in subpart E; and the
Aarons Creek; then the branch of West Creek that exits the revisions and updates to subpart E that
(6) Proceed westerly (upstream) along cranberry bog to the creek’s terminus stakeholders recommend. OSHA will
Uncle Aarons Creek to the intersection south of an unnamed road known use the information received in
of the creek with the 10-foot elevation locally as Joe Mason Road; then response to this RFI to determine what
contour near the headwaters of the action, if any, it may take.
(20) Proceed northeast in a straight
creek; then line to Tarkiln Brook Tributary; then DATES: Submit comments and additional
(7) Proceed easterly, then material on or before December 7, 2016.
southwesterly along the 10-foot (21) Proceed easterly along Tarkiln
ADDRESSES: Submit comments and
elevation contour, crossing onto the Brook Tributary, passing through the
additional material using one of the
Stone Harbor quadrangle, then onto the cranberry bog, crossing onto the
following methods:
northwesternmost corner of the Tuckahoe quadrangle, and continuing Electronically: You may submit
Wildwood quadrangle, then onto Cape along Tarkiln Brook tributary to its comments and attachments
May quadrangle, to the intersection of intersection with the Tuckahoe River electronically via the Federal
the 10-foot elevation contour with State and the Atlantic-Cape May County line; eRulemaking Portal at http://
Route 109 and Benchmark (BM) 8, east then www.regulations.gov. Follow the
of Cold Spring; then (22) Proceed easterly along the instructions online for making
(8) Proceed southeast, then south, Atlantic-Cape May County line, crossing electronic submissions.
along State Route 109 to the intersection onto the Marmora and Cape May Facsimile (FAX): You may fax
of the road with the north bank of the quadrangles, to the intersection of the submissions if they do not exceed 10
Cape May Canal; then Atlantic-Cape May County line with the pages, including attachments, to the
(9) Proceed northwest along the north Garden State Parkway on the Cape May OSHA Docket Office at (202) 693–1648.
bank of the Cape May Canal to the quadrangle; then Regular mail, express mail, hand
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intersection of the canal with the (23) Proceed south along the Garden (courier) delivery, or messenger service:
railroad tracks (Pennsylvania Reading State Parkway, returning to the You may submit comments and any
Seashore Lines); then beginning point. additional material (e.g., studies, journal
(10) Proceed south along the railroad articles) to the OSHA Docket Office,
tracks, crossing the canal, to the John J. Manfreda, Docket No. OSHA–2013–0022,
intersection of the railroad tracks with Administrator. Technical Data Center, Room N–2625,
the south bank of the Cape May Canal; [FR Doc. 2016–21586 Filed 9–7–16; 8:45 am] U.S. Department of Labor, 200
then BILLING CODE 4810–31–P Constitution Avenue NW., Washington,

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Document Created: 2018-02-09 13:12:20
Document Modified: 2018-02-09 13:12:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments must be received by November 7, 2016.
Contact		Kate M. Bresnahan, 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. 151.
FR Citation		81 FR 62047
RIN Number		1513-AC26

81 FR 62047 - Proposed Establishment of the Cape May Peninsula Viticultural Area

DEPARTMENT OF THE TREASURYAlcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 81, Issue 174 (September 8, 2016)

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau