83 FR 14745 - Establishment of the Cape May Peninsula Viticultural Area
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau Federal Register Volume 83, Issue 67 (April 6, 2018)
Alcohol and Tobacco Tax and Trade Bureau
Federal Register Volume 83, Issue 67 (April 6, 2018)
| Page Range | 14745-14749 | |
| FR Document | 2018-07094 |
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)] [Rules and Regulations] [Pages 14745-14749] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07094] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB-2016-0007; T.D. TTB-150; Ref: Notice No. 161] RIN 1513-AC26 Establishment of the Cape May Peninsula Viticultural Area AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. ----------------------------------------------------------------------- SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 126,635-acre ``Cape May Peninsula'' viticultural area in Cape May and Cumberland Counties, New Jersey. The viticultural area lies entirely within the established 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. DATES: This final rule is effective May 7, 2018. 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 [[Page 14746]] 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 laws. Part 4 of the TTB regulations (27 CFR part 4) authorizes the establishment of 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 to TTB 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 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 boundary; 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 in Cape May and Cumberland Counties, New Jersey. The proposed Cape May Peninsula AVA is located entirely within the established Outer Coastal Plain AVA (27 CFR 9.207) and covers approximately 126,635 acres. There are 6 commercially-producing vineyards covering a total of approximately 115 acres distributed throughout the proposed AVA, and an additional 147 acres planned within the proposed AVA in the next few years. The petition states that the proposed Cape May Peninsula AVA is bordered entirely by water and the New Jersey Pinelands (hereafter referred to as ``the Pinelands''). Most of the proposed AVA is surrounded by the Atlantic Ocean and coastal communities that are less suitable for viticulture due to urban development and marshy conditions to the east, the Delaware Bay to the south and west, and smaller marshes, creeks, and streams in certain areas to the north and west. The remaining area to the immediate northwest of the proposed AVA is a section of the Pinelands that acts as a large transition zone between the proposed Cape May Peninsula AVA and the rest of the Outer Coastal Plain AVA. According to the petition, the distinguishing features of the proposed AVA are its temperature and soils, with temperature being the most important distinguishing feature. The petition included information on growing degree days (GDD) from inside and outside of the proposed AVA. The petition states that the proposed Cape May Peninsula AVA is a Winkler Region III (3,001 to 3,500 GDDs), and the area northwest of the proposed AVA is a Winkler Region IV (3,501 to 4,000 GDDs). The petition also notes that the proposed AVA and its surrounding areas differ in terms of their extreme temperatures. The petition states that the average summertime high temperature in the proposed AVA is lower than that of the area to its northwest. The average wintertime low temperatures in the proposed AVA are higher than the wintertime low temperatures northwest of the proposed AVA. Another indicator of the climate difference between the proposed AVA and the area to its northwest is the number of frost-free days. The petition provides data showing that the proposed AVA has more frost-free days, and thus a longer growing season, than the area northwest of the proposed AVA. With regard to the soils, according to the petition, well-drained soils within the proposed AVA include Downer, Evesboro, Sassafras, Fort Mott, Hooksan, Swainton, and Aura. All of these soils are present in the proposed AVA and in the surrounding areas; however, the surrounding areas also contain additional soils not found in the proposed AVA, including Hammonton, Waterford, Galetown, and Metapeake. Notice of Proposed Rulemaking and Comments Received TTB published Notice No. 161 in the Federal Register on September 8, 2016 (81 FR 62047), proposing to establish the Cape May Peninsula AVA. In the notice, TTB summarized the evidence from the petition regarding the name, boundary, and distinguishing features for the proposed AVA. The notice also compared the distinguishing features of the proposed AVA to the surrounding areas. For a detailed description of the evidence relating to the name, boundary, and distinguishing features of the proposed AVA, and for a detailed comparison of the distinguishing features of the proposed AVA to the surrounding areas, see Notice No. 161. In Notice No. 161, TTB solicited comments on the accuracy of the name, boundary, 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 solicited 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. Finally, TTB requested 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 the established AVA. The comment period closed November 7, 2016. [[Page 14747]] Comment Received In response to Notice No. 161, TTB received one comment. Jim Quarella, President, Board of Directors, Outer Coastal Plain Vineyard Association (OCPVA) submitted the comment on behalf of the OCPVA. The OCPVA comment supported the establishment of the Cape May Peninsula AVA, noting that, as stated in the petition for the Cape May Peninsula AVA, climate is the main distinguishing feature of the proposed AVA. According to OCPVA, this is largely the result of the maritime effects of the Atlantic Ocean and Delaware Bay. Specifically, the comment states that, while the Outer Coastal Plain AVA benefits from the effects of these bodies of water in moderating temperature, these largely beneficial effects are even greater in the proposed Cape May Peninsula AVA, as it is closer to both bodies of water than the rest of the Outer Coastal Plain AVA. While the OCPVA comment was submitted in support, it did identify several statements in the Cape May Peninsula AVA petition regarding the climate and soil of the Outer Coastal Plain that the OCPVA believes are inaccurate. TTB notes that the OCPVA comment did not recommend any changes to the proposed Cape May Peninsula boundary, nor did it suggest that the proposed AVA is so distinct that it should no longer be a part of the established AVA. The OCPVA comment is summarized as follows: Crop-Growing in the New Jersey Pinelands According to the OCPVA comment, the Cape May Peninsula AVA petition incorrectly states that acid-loving blueberries and cranberries are the only serious commercial crops in the Pinelands due to the acidity of the soils. The OCPVA comment states that more than a dozen vineyards in the Pinelands produce wine grapes commercially within the Outer Coastal Plain AVA. The OCPVA also points out that the proposed Cape May Peninsula AVA contains areas unsuitable for growing wine grapes, such as the cranberry bogs along the northwestern edge of the proposed AVA. TTB recognizes that there are regions of the Pinelands where the soils are less acidic, more fertile, and more suitable for viticulture. In fact, the proposed Cape May Peninsula AVA petition notes that the soils within the Pinelands generally become more fertile and less acidic as one moves from east to west through the region. TTB believes that soil acidity is still a relevant means of drawing a general distinction between the proposed AVA and the Pinelands region of the Outer Coastal Plain AVA. Vitis Vinifera in the Outer Coastal Plain AVA According to the OCPVA comment, the Cape May Peninsula AVA petition is incorrect in stating that, while 90 percent of the grapes grown in the proposed AVA are Vitis vinifera, hybrid and native grapes are grown in the rest of the Outer Coastal Plain AVA. The OCPVA comment states that some vineyards in the Outer Coastal Plain AVA, but outside of the proposed AVA, produce Vitis vinifera, and that all vineyards within the Outer Coastal Plain AVA could produce 100 percent Vitis vinifera if they chose to do so. The OCPVA comment added that a more accurate statement would be that ``there may be some specific varieties of [Vitis] vinifera that the [proposed AVA] may be able to grow more sustainably than other regions of the Outer Coastal Plain.'' TTB does not disagree with the commenter's point that the Outer Coastal Plain AVA vineyard owners may be planting hybrid and native grape varietals rather than Vitis vinifera as a matter of choice. TTB also agrees that some specific varietals of grapes may be more suitable for growing in the proposed AVA than in other regions of the Outer Coastal Plain AVA. However, TTB notes that it appears that vineyard owners within the proposed AVA are making different planting choices than vineyard owners in other regions of the Outer Coastal Plain AVA, and that the different growing conditions in the proposed AVA are likely influencing those choices. These points do not undermine the basis for the proposed boundaries of the Cape May Peninsula AVA. Temperature With respect to the Cape May Peninsula petition's climate discussion, the OCVPA comment first questions the petition's reliance on climate data from a single location in the town of Millville to represent the entirety of the Outer Coastal Plain AVA that is outside of the proposed AVA. Noting that the Winkler climate region system was designed for use in California, the comment also asserts that the petition's use of Winkler regions to describe the climate of grape- growing regions in New Jersey is not as useful as using growing degree days (GDDs) or average growing season temperatures. The comment then generally asserts that the climates of both the proposed AVA and the remainder of the Outer Coastal Plain AVA are not as uniform as the petition claims. Specifically, the OCVPA comment states that portions of the proposed Cape May Peninsula AVA and portions of the Outer Coastal Plain AVA outside the proposed AVA are in the same Winkler region, have similar growing season lengths as determined by the number of frost-free days, and have similarly high extreme low temperatures. While TTB recognizes that information from a single location cannot be understood to represent all of the area of an AVA, TTB also believes that data from regions in close proximity to proposed AVA borders can be informative. The town of Millville is located within the Outer Coastal Plain AVA just outside the boundary of the proposed Cape May Peninsula AVA. TTB believes that using climate data from Millville is appropriate to distinguish the proposed Cape May Peninsula AVA from the region of the Outer Coastal Plain that is immediately outside the proposed AVA's boundaries. TTB also notes that although the Winkler regions system was created for use in California,\1\ the system is based on GDDs and is a useful method for comparing the general climates of grape-growing regions.\2\ Furthermore, TTB notes that in addition to the Winkler region data, the proposed Cape May Peninsula AVA petition included GDD and average summer temperature data for both the proposed AVA and the portion of the Outer Coastal Plain AVA outside the proposed AVA. --------------------------------------------------------------------------- \1\ A.J. Winkler et al., General Viticulture 60-71 (2nd. Ed. 1974). \2\ A.J. Winkler et al., General Viticulture 60-61 (2nd. Ed. 1974). --------------------------------------------------------------------------- While TTB notes it is not inconsistent with the requirements of part 9 of its regulations for an AVA to have some variations in its climate, the data provided in the OCPVA comment does suggest that the climate in the remainder of the Outer Coastal Plain AVA may not be as uniformly cooler than portions within the proposed AVA as the petition claimed. However, TTB believes that the data in the petition and in the OCPVA comment demonstrate that the proposed Cape May Peninsula AVA has a climate that is moderated by its proximity to large bodies of water to a greater extent than the overall Outer Coastal Plain AVA and is thus distinguishable from the overall climate of the Outer Coastal Plain AVA. Soils The OCPVA comment raises issues with the petition's description of the soils in the proposed Cape May [[Page 14748]] Peninsula AVA and the Outer Coastal Plain AVA. The comment states that the proposed Cape May Peninsula AVA and the rest of the Outer Coastal Plain AVA both have areas of loamy sand and sandy loam soils and, in some places, even share some of the same soil types, including Sassafras sandy loam. The comment adds that the difference between loamy sands and sandy loams does not mean that one soil type is well- drained and the other is not. Finally, the OCPVA notes that over two- thirds of the area within the Outer Coastal Plain AVA has been identified by a Rutgers University study as moderately suitable or most suitable for grape growing based on soil drainage and arable soil. TTB notes that while the Outer Coastal Plain AVA and the proposed Cape May Peninsula AVA may contain similar soils in places, the petition for the proposed AVA also states that the Outer Coastal Plain AVA contains soils not found in the proposed AVA. Therefore, TTB believes that soils sufficiently distinguish the proposed AVA from the remainder of the Outer Coastal Plain AVA. TTB Determination After careful review of the petition and the comment received in response to Notice No. 161, TTB finds that the evidence provided by the petitioner supports the establishment of the Cape May Peninsula AVA. Accordingly, under the authority of the FAA Act, section 1111(d) of the Homeland Security Act of 2002, and parts 4 and 9 of the TTB regulations, TTB establishes the ``Cape May Peninsula'' AVA in Cape May and Cumberland counties, New Jersey, effective 30 days from the publication date of this document. TTB has also determined that the Cape May Peninsula AVA will remain part of the established Outer Coastal Plain AVA. As discussed in Notice No. 161, the surface layers of the Cape May Peninsula AVA and Outer Coastal Plain AVA are composed of sand, gravel, clay-based silt, and peat. Additionally, both the Outer Coastal Plain AVA and the Cape May Peninsula AVA have low elevations, soils with low amounts of fine silt, and longer growing seasons than the region of the State that is outside the Outer Coastal Plain AVA. However, due to its smaller size, the Cape May Peninsula AVA generally has less variability in soil types and climate than the larger AVA. The climate of the Cape May Peninsula AVA also benefits from being located in closer proximity to the Atlantic Ocean and the Delaware Bay than the remainder of the Outer Coastal Plain AVA. Specifically, the Cape May Peninsula AVA generally has higher growing degree day totals, a smaller range of frost-free days, and extreme high and low temperatures that are higher than the extreme temperatures of the Outer Coastal Plain AVA. While the distinguishing features of the proposed AVA and the Outer Coastal Plain AVA differ somewhat due to the marine influence of the Atlantic Ocean and the Delaware Bay, the two AVAs are still similar enough that the Cape May Peninsula AVA should remain within the Outer Coastal Plain AVA. The establishment of the Cape May Peninsula AVA within the Outer Coastal Plain AVA is not an endorsement from TTB of the Cape May Peninsula AVA, nor is it an endorsement of the quality of the grapes or wine from the Cape May Peninsula AVA. TTB establishes AVAs within AVAs to show that the grape-growing conditions within larger AVAs can vary due to sometimes slight differences in temperature, precipitation, marine influence, soils, or other distinguishing features. The establishment of an AVA within a larger AVA allows vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. Boundary Description See the narrative description of the boundary of the Cape May Peninsula AVA in the regulatory text published at the end of this final rule. Maps The petitioner provided the required maps, and they are listed below in the 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 or with a brand name that includes 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 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 27 CFR 4.39(i)(2) for details. With the establishment of this 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 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, will have to ensure that the product is eligible to use the AVA name as an appellation of origin. TTB is not designating ``Cape May,'' standing alone, as a term of viticultural significance due to the current use of ``Cape May,'' standing alone, as a brand name on a wine label. The establishment of the Cape May Peninsula AVA will 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 AVA will not be affected by the establishment of this new AVA. The establishment of the Cape May Peninsula AVA will allow vintners to use ``Cape May Peninsula'' and ``Outer Coastal Plain'' as appellations of origin for wines made primarily from grapes grown within the Cape May Peninsula AVA if the wines meet the eligibility requirements for the appellation. Regulatory Flexibility Act TTB certifies that this regulation will not have a significant economic impact on a substantial number of small entities. The regulation imposes no new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of an AVA 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 final 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 final rule. List of Subjects in 27 CFR Part 9 Wine. [[Page 14749]] The Regulatory Amendment For the reasons discussed in the preamble, TTB amends 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. 9.262 to read as follows: Sec. 9.262 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 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. Signed: October 30, 2017. John J. Manfreda, Administrator. Approved: March 30, 2018 Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). [FR Doc. 2018-07094 Filed 4-5-18; 8:45 am] BILLING CODE 4810-31-P
![Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations 14745
(e) Reason DEPARTMENT OF TRANSPORTATION Issued in College Park, Georgia, on March
This AD was prompted by a report of 29, 2018.
interference between certain passenger Federal Aviation Administration Geoff Lelliott,
service unit (PSU) panels, when in the Acting Manager, Operations Support Group,
deployed/open position, and the nearby 14 CFR Part 71 Eastern Service Center, Air Traffic
emergency exit door cover. We are issuing Organization.
this AD to detect and correct interference
[Docket No. FAA–2017–0953; Airspace [FR Doc. 2018–06997 Filed 4–5–18; 8:45 am]
between certain PSU panels and the nearby
emergency exit door cover, which could Docket No. 17–AEA–15] BILLING CODE 4910–13–P
prevent a complete opening of the overwing
emergency exit door, and possibly obstruct Amendment of Class E Airspace;
the evacuation of occupants in case of an Massena, NY DEPARTMENT OF THE TREASURY
emergency landing.
(f) Compliance AGENCY:Federal Aviation Alcohol and Tobacco Tax and Trade
Administration (FAA), DOT. Bureau
Comply with this AD within the
compliance times specified, unless already ACTION: Final rule, withdrawal.
done. 27 CFR Part 9
(g) Required Actions SUMMARY: This action withdraws the [Docket No. TTB–2016–0007; T.D. TTB–150;
Within 30 days after the effective date of final rule published in the Federal Ref: Notice No. 161]
this AD, request instructions from the Register on March 15, 2018. In that RIN 1513–AC26
Manager, International Section, Transport action, the FAA amended Class E
Standards Branch, FAA, to address the surface airspace and Class E airspace Establishment of the Cape May
unsafe condition specified in paragraph (e) of extending upward from 700 feet above
this AD; and accomplish the actions at the Peninsula Viticultural Area
the surface at Massena, NY. The FAA
times specified in, and in accordance with, AGENCY: Alcohol and Tobacco Tax and
those instructions. Guidance can be found in has determined that withdrawal of the
Mandatory Continuing Airworthiness final rule is warranted since there has Trade Bureau, Treasury.
Information (MCAI) European Aviation been a change in the date for the ACTION: Final rule; Treasury decision.
Safety Agency (EASA) AD 2017–0113, dated decommissioning of the Massena
June 28, 2017. collocated VHF omnidirectional range SUMMARY: The Alcohol and Tobacco Tax
tactical air navigation (VORTAC). and Trade Bureau (TTB) establishes the
(h) Alternative Methods of Compliance
(AMOCs)
approximately 126,635-acre ‘‘Cape May
DATES: Effective 0901 UTC, April 6, Peninsula’’ viticultural area in Cape
The Manager, International Section, 2018. May and Cumberland Counties, New
Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if Jersey. The viticultural area lies entirely
FOR FURTHER INFORMATION CONTACT: John
requested using the procedures found in 14 within the established Outer Coastal
Fornito, Operations Support Group,
CFR 39.19. In accordance with 14 CFR 39.19, Plain viticultural area. TTB designates
Eastern Service Center, Federal Aviation
send your request to your principal inspector viticultural areas to allow vintners to
or local Flight Standards District Office, as
Administration, 1701 Columbia Avenue,
better describe the origin of their wines
appropriate. If sending information directly College Park, Georgia 30337; telephone
and to allow consumers to better
to the International Section, send it to the (404) 305–6364.
identify wines they may purchase.
attention of the person identified in
SUPPLEMENTARY INFORMATION: DATES: This final rule is effective May 7,
paragraph (i)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOC- History 2018.
REQUESTS@faa.gov. Before using any FOR FURTHER INFORMATION CONTACT: Kate
approved AMOC, notify your appropriate The FAA published a final rule in the M. Bresnahan, Regulations and Rulings
principal inspector, or lacking a principal Federal Register for Docket No. FAA–
inspector, the manager of the local flight Division, Alcohol and Tobacco Tax and
2017–0953 (83 FR 11407, March 15, Trade Bureau, 1310 G Street NW, Box
standards district office/certificate holding
district office. 2018) amending Title 14 Code of 12, Washington, DC 20005; phone (202)
Federal Regulations (14 CFR) part 71 453–1039, ext. 151.
(i) Related Information amending Class E Airspace at Massena SUPPLEMENTARY INFORMATION:
(1) Refer to MCAI EASA AD 2017–0113, International-Richards Field Airport,
dated June 28, 2017, for related information. Massena, NY. The FAA found that the Background on Viticultural Areas
You may examine the MCAI on the internet Massena collocated VORTAC navigation
at http://www.regulations.gov by searching TTB Authority
for and locating Docket No. FAA–2018–0268.
aid will not be decommissioned at this
time. As a result, the final rule is being Section 105(e) of the Federal Alcohol
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer, withdrawn. Administration Act (FAA Act), 27
International Section, Transport Standards U.S.C. 205(e), authorizes the Secretary
Lists of Subjects in 14 CFR Part 71 of the Treasury to prescribe regulations
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax: 206– Airspace, Incorporation by reference, for the labeling of wine, distilled spirits,
231–3226.
Navigation (air). and malt beverages. The FAA Act
(j) Material Incorporated by Reference provides that these regulations should,
The Withdrawal among other things, prohibit consumer
None.
deception and the use of misleading
Issued in Des Moines, Washington, on ■ In consideration of the foregoing, the statements on labels and ensure that
daltland on DSKBBV9HB2PROD with RULES
March 22, 2018. final rule for Docket No. FAA–2017– labels provide the consumer with
Michael Kaszicki, 0953 (83 FR 11407, March 15, 2018), FR adequate information as to the identity
Acting Director, System Oversight Division, Doc. 2018–05045, is hereby withdrawn. and quality of the product. The Alcohol
Aircraft Certification Service. Authority: 49 U.S.C. 106(f), 106(g); 40103, and Tobacco Tax and Trade Bureau
[FR Doc. 2018–06822 Filed 4–5–18; 8:45 am] 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, (TTB) administers the FAA Act
BILLING CODE 4910–13–P 1959–1963 Comp., p. 389. pursuant to section 1111(d) of the
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![Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations 14747
Comment Received drawing a general distinction between AVA are not as uniform as the petition
In response to Notice No. 161, TTB the proposed AVA and the Pinelands claims. Specifically, the OCVPA
received one comment. Jim Quarella, region of the Outer Coastal Plain AVA. comment states that portions of the
President, Board of Directors, Outer proposed Cape May Peninsula AVA and
Vitis Vinifera in the Outer Coastal Plain
Coastal Plain Vineyard Association portions of the Outer Coastal Plain AVA
AVA
(OCPVA) submitted the comment on outside the proposed AVA are in the
According to the OCPVA comment, same Winkler region, have similar
behalf of the OCPVA. The OCPVA the Cape May Peninsula AVA petition is
comment supported the establishment growing season lengths as determined
incorrect in stating that, while 90 by the number of frost-free days, and
of the Cape May Peninsula AVA, noting percent of the grapes grown in the
that, as stated in the petition for the have similarly high extreme low
proposed AVA are Vitis vinifera, hybrid temperatures.
Cape May Peninsula AVA, climate is the and native grapes are grown in the rest
main distinguishing feature of the While TTB recognizes that
of the Outer Coastal Plain AVA. The information from a single location
proposed AVA. According to OCPVA, OCPVA comment states that some
this is largely the result of the maritime cannot be understood to represent all of
vineyards in the Outer Coastal Plain the area of an AVA, TTB also believes
effects of the Atlantic Ocean and AVA, but outside of the proposed AVA,
Delaware Bay. Specifically, the that data from regions in close
produce Vitis vinifera, and that all proximity to proposed AVA borders can
comment states that, while the Outer vineyards within the Outer Coastal
Coastal Plain AVA benefits from the be informative. The town of Millville is
Plain AVA could produce 100 percent located within the Outer Coastal Plain
effects of these bodies of water in Vitis vinifera if they chose to do so. The
moderating temperature, these largely AVA just outside the boundary of the
OCPVA comment added that a more proposed Cape May Peninsula AVA.
beneficial effects are even greater in the accurate statement would be that ‘‘there
proposed Cape May Peninsula AVA, as TTB believes that using climate data
may be some specific varieties of [Vitis] from Millville is appropriate to
it is closer to both bodies of water than vinifera that the [proposed AVA] may be
the rest of the Outer Coastal Plain AVA. distinguish the proposed Cape May
able to grow more sustainably than Peninsula AVA from the region of the
While the OCPVA comment was other regions of the Outer Coastal
submitted in support, it did identify Outer Coastal Plain that is immediately
Plain.’’ outside the proposed AVA’s boundaries.
several statements in the Cape May TTB does not disagree with the
Peninsula AVA petition regarding the TTB also notes that although the
commenter’s point that the Outer
climate and soil of the Outer Coastal Winkler regions system was created for
Coastal Plain AVA vineyard owners
Plain that the OCPVA believes are use in California,1 the system is based
may be planting hybrid and native grape
inaccurate. TTB notes that the OCPVA on GDDs and is a useful method for
varietals rather than Vitis vinifera as a
comment did not recommend any comparing the general climates of grape-
matter of choice. TTB also agrees that
changes to the proposed Cape May growing regions.2 Furthermore, TTB
some specific varietals of grapes may be
Peninsula boundary, nor did it suggest notes that in addition to the Winkler
more suitable for growing in the
that the proposed AVA is so distinct region data, the proposed Cape May
proposed AVA than in other regions of
that it should no longer be a part of the the Outer Coastal Plain AVA. However, Peninsula AVA petition included GDD
established AVA. TTB notes that it appears that vineyard and average summer temperature data
The OCPVA comment is summarized owners within the proposed AVA are for both the proposed AVA and the
as follows: making different planting choices than portion of the Outer Coastal Plain AVA
vineyard owners in other regions of the outside the proposed AVA.
Crop-Growing in the New Jersey While TTB notes it is not inconsistent
Pinelands Outer Coastal Plain AVA, and that the
with the requirements of part 9 of its
different growing conditions in the
According to the OCPVA comment, regulations for an AVA to have some
proposed AVA are likely influencing
the Cape May Peninsula AVA petition variations in its climate, the data
those choices. These points do not
incorrectly states that acid-loving provided in the OCPVA comment does
undermine the basis for the proposed
blueberries and cranberries are the only suggest that the climate in the
boundaries of the Cape May Peninsula
serious commercial crops in the remainder of the Outer Coastal Plain
AVA.
Pinelands due to the acidity of the soils. AVA may not be as uniformly cooler
The OCPVA comment states that more Temperature than portions within the proposed AVA
than a dozen vineyards in the Pinelands With respect to the Cape May as the petition claimed. However, TTB
produce wine grapes commercially Peninsula petition’s climate discussion, believes that the data in the petition and
within the Outer Coastal Plain AVA. the OCVPA comment first questions the in the OCPVA comment demonstrate
The OCPVA also points out that the petition’s reliance on climate data from that the proposed Cape May Peninsula
proposed Cape May Peninsula AVA a single location in the town of Millville AVA has a climate that is moderated by
contains areas unsuitable for growing to represent the entirety of the Outer its proximity to large bodies of water to
wine grapes, such as the cranberry bogs Coastal Plain AVA that is outside of the a greater extent than the overall Outer
along the northwestern edge of the proposed AVA. Noting that the Winkler Coastal Plain AVA and is thus
proposed AVA. climate region system was designed for distinguishable from the overall climate
TTB recognizes that there are regions use in California, the comment also of the Outer Coastal Plain AVA.
of the Pinelands where the soils are less asserts that the petition’s use of Winkler Soils
acidic, more fertile, and more suitable regions to describe the climate of grape-
for viticulture. In fact, the proposed growing regions in New Jersey is not as The OCPVA comment raises issues
daltland on DSKBBV9HB2PROD with RULES
Cape May Peninsula AVA petition notes useful as using growing degree days with the petition’s description of the
that the soils within the Pinelands (GDDs) or average growing season soils in the proposed Cape May
generally become more fertile and less temperatures. The comment then 1 A.J. Winkler et al., General Viticulture 60–71
acidic as one moves from east to west generally asserts that the climates of (2nd. Ed. 1974).
through the region. TTB believes that both the proposed AVA and the 2 A.J. Winkler et al., General Viticulture 60–61
soil acidity is still a relevant means of remainder of the Outer Coastal Plain (2nd. Ed. 1974).
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![Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Rules and Regulations 14749
The Regulatory Amendment unnamed road known locally as Sea Isle (16) Proceed west, then northwest,
For the reasons discussed in the Boulevard; then then northeast along the shoreline,
preamble, TTB amends title 27, chapter (2) Proceed northwesterly along Sea rounding Cape May Point, and
I, part 9, Code of Federal Regulations, as Isle Boulevard to the intersection of the continuing northeasterly along the
follows: road with U.S. Highway 9; then shoreline, crossing onto the Rio Grande
(3) Proceed southwesterly along U.S. quadrangle, then onto the Heislerville
PART 9—AMERICAN VITICULTURAL Highway 9 to the intersection of the quadrangle, to the intersection of the
AREAS highway with the 10-foot elevation shoreline with West Creek; then
contour south of Magnolia Lake; then (17) Proceed generally north along the
■ 1. The authority citation for part 9 (4) Proceed generally southwesterly meandering West Creek, passing
continues to read as follows: along the meandering 10-foot elevation through Pickle Factory Pond and Hands
Authority: 27 U.S.C. 205. contour, crossing onto the Woodbine Millpond, and continuing along West
quadrangle, then briefly back onto the Creek, crossing onto the Port Elizabeth
Subpart C—Approved American Sea Isle City quadrangle, then back onto quadrangle, and continuing along West
Viticultural Areas the Woodbine quadrangle, to the Creek to the fork in the creek north of
intersection of the 10-foot elevation Wrights Crossway Road; then
■ 2. Subpart C is amended by adding contour with the western span of the (18) Proceed along the eastern fork of
§ 9.262 to read as follows: Garden State Parkway east of Clermont; West Creek to the cranberry bog; then
(19) Proceed through the cranberry
§ 9.262 Cape May Peninsula. then
bog and continue northeasterly along
(5) Proceed southwest along the
(a) Name. The name of the viticultural the branch of West Creek that exits the
Garden State Parkway to the
area described in this section is ‘‘Cape cranberry bog to the creek’s terminus
intersection of the road with Uncle
May Peninsula’’. For purposes of part 4 south of an unnamed road known
Aarons Creek; then
of this chapter, ‘‘Cape May Peninsula’’ locally as Joe Mason Road; then
(6) Proceed westerly (upstream) along (20) Proceed northeast in a straight
is a term of viticultural significance.
Uncle Aarons Creek to the intersection line to Tarkiln Brook Tributary; then
(b) Approved maps. The 11 United
of the creek with the 10-foot elevation (21) Proceed easterly along Tarkiln
States Geological Survey (USGS)
contour near the headwaters of the Brook Tributary, passing through the
1:24,000 scale topographic maps used to
creek; then cranberry bog, crossing onto the
determine the boundary of the Cape
May Peninsula viticultural area are (7) Proceed easterly, then Tuckahoe quadrangle, and continuing
titled: southwesterly along the 10-foot along Tarkiln Brook tributary to its
(1) Ocean City, New Jersey, 1989; elevation contour, crossing onto the intersection with the Tuckahoe River
(2) Marmora, New Jersey, 1989; Stone Harbor quadrangle, then onto the and the Atlantic-Cape May County line;
(3) Sea Isle City, New Jersey, 1952; northwesternmost corner of the then
photorevised, 1972; Wildwood quadrangle, then onto Cape (22) Proceed easterly along the
(4) Woodbine, New Jersey, 1958; May quadrangle, to the intersection of Atlantic-Cape May County line, crossing
photorevised, 1972; the 10-foot elevation contour with State onto the Marmora and Cape May
(5) Stone Harbor, New Jersey, 1955; Route 109 and Benchmark (BM) 8, east quadrangles, to the intersection of the
photorevised, 1972; of Cold Spring; then Atlantic-Cape May County line with the
(6) Wildwood, New Jersey, 1955; (8) Proceed southeast, then south, Garden State Parkway on the Cape May
photorevised, 1972; along State Route 109 to the intersection quadrangle; then
(7) Cape May, New Jersey, 1954; of the road with the north bank of the (23) Proceed south along the Garden
photorevised, 1972; Cape May Canal; then State Parkway, returning to the
(8) Rio Grande, New Jersey, 1956; (9) Proceed northwest along the north beginning point.
photorevised, 1972; bank of the Cape May Canal to the Signed: October 30, 2017.
(9) Heislerville, New Jersey, 1957; intersection of the canal with the John J. Manfreda,
photorevised, 1972; railroad tracks (Pennsylvania Reading Administrator.
(10) Port Elizabeth, New Jersey, 1956; Seashore Lines); then
Approved: March 30, 2018
photorevised, 1972; and (10) Proceed south along the railroad
Timothy E. Skud,
(11) Tuckahoe, New Jersey, 1956; tracks, crossing the canal, to the
intersection of the railroad tracks with Deputy Assistant Secretary (Tax, Trade, and
photorevised, 1972. Tariff Policy).
(c) Boundary. The Cape May the south bank of the Cape May Canal;
[FR Doc. 2018–07094 Filed 4–5–18; 8:45 am]
Peninsula viticultural area is located in then
(11) Proceed east along the canal bank BILLING CODE 4810–31–P
Cape May and Cumberland Counties,
New Jersey. The boundary of the Cape to the intersection of the canal with
May Peninsula viticultural area is as Cape Island Creek; then
described below: (12) Proceed south, then northwest DEPARTMENT OF JUSTICE
(1) The beginning point is on the along the creek to the intersection of the
28 CFR Part 16
Ocean City quadrangle at the creek with a tributary running north-
intersection of the 10-foot elevation south west of an unnamed road known [CPCLO Order No. 001–2018]
contour and the Garden State Parkway, locally as 1st Avenue; then
on the southern shore of Great Egg (13) Proceed north along the tributary Privacy Act of 1974; Implementation
Harbor, northwest of Golders Point. to its intersection with Sunset
daltland on DSKBBV9HB2PROD with RULES
AGENCY: Federal Bureau of
Proceed southeast, then generally Boulevard; then Investigation, United States Department
southwest along the meandering 10-foot (14) Proceed northwest along Sunset of Justice.
elevation contour, crossing onto the Boulevard to the intersection of the road ACTION: Final rule.
Marmora quadrangle, then onto the Sea with Benchmark (BM) 6; then
Isle City quadrangle, to the intersection (15) Proceed south in a straight line to SUMMARY: The Federal Bureau of
of the 10-foot elevation contour with an the shoreline; then Investigation (FBI), a component of the
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Document Created: 2018-11-01 09:15:22
Document Modified: 2018-11-01 09:15:22
| 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 | Rules and Regulations | |
| Action | Final rule; Treasury decision. | |
| Dates | This final rule is effective May 7, 2018. | |
| 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 | 83 FR 14745 | |
| RIN Number | 1513-AC26 |
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