Proposed Establishment of the Saddle Rock-Malibu Viticultural Area (2003R-110P), 1500-1504 [06-207]
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Proposed Rules
Federal Register
Vol. 71, No. 6
Tuesday, January 10, 2006
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Notice No. 55]
RIN 1513–AB15
Proposed Establishment of the Saddle
Rock-Malibu Viticultural Area (2003R–
110P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the ‘‘Saddle Rock-Malibu’’ viticultural
area in Los Angeles County, California.
The proposed area consists of
approximately 2,090 acres,
approximately 5 miles inland from the
Pacific Ocean and 32 miles west of
downtown Los Angeles. We designate
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase. We
invite comments on this proposed
addition to our regulations.
DATES: We must receive written
comments on or before March 13, 2006.
ADDRESSES: You may send comments to
any of the following addresses:
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 55, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm. An online comment form is
posted with this notice on our Web site.
• https://www.regulations.gov (Federal
e-rulemaking portal; follow instructions
for submitting comments).
You may view copies of this notice,
the petition, the appropriate maps, and
any comments we receive about this
notice by appointment at the TTB
Information Resource Center, 1310 G
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Street, NW., Washington, DC 20220. To
make an appointment, call 202–927–
2400. You may also access copies of the
notice and comments online at https://
www.ttb.gov/alcohol/rules/index.htm.
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.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, California 94952;
telephone 415–271–1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide consumers with
adequate information regarding product
identity and prohibits the use of
misleading information on those labels.
The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region
distinguishable by geographical
features, the boundaries of which have
been recognized and defined in part 9
of the regulations. These designations
allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographical origin. The establishment
of viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
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endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
elevation, physical features, and soils
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
Saddle Rock-Malibu Petition
Lisa A. Semler and Derek Baugh of
Semler Malibu Estate Vineyards in
Malibu, California, submitted a petition
for the establishment of the Saddle
Rock-Malibu viticultural area. Located
in western Los Angeles County,
California, the proposed viticultural
area covers approximately 2,090 acres in
the Santa Monica Mountains,
approximately 32 miles west of
downtown Los Angeles and 5 miles
inland from the Pacific Ocean. The
proposed area lies between 1,700 and
2,236 feet in elevation and has 70 acres
of vineyards located between 1,800 and
2,000 feet in elevation.
The primary distinguishing
viticultural features of the proposed
Saddle Rock-Malibu viticultural area
include its high elevation and its
location and orientation within the
Santa Monica Mountains, which limit
its exposure to the cooling Pacific
marine inversion layer, according to the
petition. As a result, the proposed area
receives more solar radiation and is
warmer than neighboring areas with
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more marine influence during the
growing season.
The information submitted in support
of the petition is summarized below.
Name Evidence
The name of the proposed Saddle
Rock-Malibu viticultural area combines
the name of a high, prominent rock
formation within the proposed area,
Saddle Rock, with the name of the
surrounding region of western Los
Angeles County, Malibu. According to
the petition, the ‘‘Saddle Rock-Malibu’’
name provides an accurate geographical
description of the proposed viticultural
area.
Located in the Santa Monica
Mountains near the center of the
proposed area, Saddle Rock is a
prominent saddle-shaped rock
formation that rises 2,000 feet above sea
level. Saddle Rock is identified on the
USGS Point Dume, California,
quadrangle map in section 12, T1S/
R19W. Saddle Rock Ranch is located
within the proposed viticultural area,
and the Saddle Rock Pictograph Site,
located on the ranch between Saddle
Rock and Mitten Rock, is a National
Historic Landmark. The pictographs
found at the Saddle Rock site are
characteristic of the Chumash Indian art
style, according to the National Park
Service’s National Historic Landmark
Web site, which also notes that Saddle
and Mitten Rocks served as landmarks
for prehistoric and early historic
travelers (see https://www.cr.nps.gov/
nhl/DOE_dedesignations/
saddlerock.htm).
The Malibu region, which the petition
describes as encompassing western Los
Angeles County from the ridge line of
the Santa Monica Mountains in the
north to the Pacific Ocean in the south
and from Topanga Canyon in the east to
the Ventura County line in the west,
surrounds the Saddle Rock area. The
Malibu region is shown on the July 2001
American Automobile Association map
titled, ‘‘Coast & Valley Bay Area to
Southern California,’’ in section G–12.
The USGS Geographic Names
Information System (GNIS) lists 30
Malibu name uses within Los Angeles
County, including streams, beaches,
lakes, a reservoir, parks, towns,
buildings, and an airport.
TTB’s predecessor agency, the Bureau
of Alcohol, Tobacco and Firearms
(ATF), established the Malibu-Newton
Canyon viticultural area (27 CFR 9.152)
in T.D. ATF–375, published in the
Federal Register (61 FR 29952) on June
13, 1996. T.D. ATF–375 explained that
the ‘‘Malibu’’ name originated with the
Chumash Indians as ‘‘Mala I Boo.’’ The
1805 Topanga Malibu Sequit land grant
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of 13,315 acres, also referred to as
Rancho Malibu, includes the modern
day ‘‘Malibu’’ spelling. In the 1930s,
with the construction of the Pacific
Coast Highway, the petition states that
the Malibu region developed into the
nationally known community it is
today.
Boundary Evidence
The modern history of the proposed
Saddle Rock-Malibu viticultural area
dates to the era of Spanish colonial land
grants, and the proposed area lies
between the historic Topanga Malibu
Sequit land grant to the south and the
El Conejo land grant to the north.
Originally know as ‘‘El Malibu,’’ the
petition states that the ranch
surrounding the Saddle Rock formation
was, by the 1930s, known as Saddle
Rock Ranch. Wine grape production
within the proposed Saddle RockMalibu viticultural area began in 1997,
according to the petition, and as of
February 2005 the area had 70 vineyard
acres in commercial production.
Roughly centered on the Saddle Rock
formation, the proposed Saddle RockMalibu viticultural area encompasses a
suspended valley within the higher
elevations of the Santa Monica
Mountains. Beginning at Decker Road,
the northern boundary of the proposed
area follows a portion of the southern
boundary of the El Conejo land grant,
and then follows the 1,700-foot contour
line southeasterly to Mulholland
Highway. Steep mountain terrain lies to
the east and south of the proposed
Saddle Rock-Malibu area, while the
Malibu Country Club lies to its west.
The petition uses trails, unimproved
roads, and secondary roads to delineate
the eastern, southern, and western
portions of the proposed boundary,
according to the written boundary
description and USGS Point Dume map
provided with the petition.
Distinguishing Features
The proposed Saddle Rock-Malibu
viticultural area’s high elevations,
north-facing slope orientation, and
geographical location in the Santa
Monica Mountains all combine to create
a microclimate with limited marine
influence, according to the petition. As
compared to surrounding areas with
more marine influence, the proposed
area receives more growing season
sunshine and has warmer temperatures.
The proposed area’s microclimate, the
petition continues, creates a distinctive
and unique mountainous grape-growing
region.
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Topography
The proposed Saddle Rock-Malibu
viticultural area, according to the
petition, is a geographically suspended
valley located largely on the leeward
side of the crest of the Santa Monica
Mountains. From the mountains’ crest,
elevations drop about 2,000 feet to the
Pacific Ocean in the south and, in the
north, about 1,000 feet to the Conejo
Valley floor. Within the proposed
viticultural area, elevations range from a
low of 1,700 feet along much of the
boundary line to a 2,236-foot peak along
its northeast border, as shown on the
Point Dume map. Intermittent streams
flow from the higher elevations
downward towards the Pacific Ocean or
towards larger streams in the Conejo
Valley to the north. Several secondary
highways, light-duty roads, and a
number of unimproved roads and jeep
trails criss-cross the proposed Saddle
Rock area, as shown on the Point Dume
USGS map.
Climate
The unique microclimate of the
proposed Saddle Rock-Malibu
viticultural area is its most
distinguishing viticultural feature,
according to the petition, which
included a climate report prepared by
Fox Weather of Fortuna, California.
While the larger Malibu regional climate
is typical of southern California with
mild, rainy winters and warm, dry
summers, the petition states that the
proposed Saddle Rock-Malibu
viticultural area is climatically affected
by its geographical location in the Santa
Monica Mountains.
The Pacific Ocean, about 5 miles
south of the proposed viticultural area,
provides an intrusive marine influence
that permeates the Santa Monica
Mountains area incrementally, based on
elevation, time of year, and other
factors, according to Fox Weather. In
this region of Los Angeles County, this
cool, moist, marine influence funnels
northward from the ocean, through the
low gaps in the mountain range,
reaching various elevations at different
times in the growing season. The
proposed Saddle Rock-Malibu
viticultural area’s high elevations, its
location on the leeward side of the
mountain crest, and its north-facing
mountain slopes are significant factors
in limiting the extent of the cooling
marine influence received within the
proposed area, according to the
submitted Fox Weather data.
Summers in the Malibu region are hot
and dry at the higher elevations above
the marine influence and are cooler and
less sunny in the lower coastal areas
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and beaches, according to Fox Weather.
A comparison of growing season heat
accumulation as measured by degree
days shows that the proposed Saddle
Rock-Malibu viticultural area, at 4,200
degree days, is somewhat warmer than
the near-by Malibu-Newton Canyon
viticultural area, which accumulates
4,000 to 4,100 degree days of heat
during the growing season. Further
inland, toward the San Fernando Valley,
temperatures are warmer during the day
and cooler at night than along the crest
of the Santa Monica Mountains. (A
measurement of heat accumulation
during the growing season, one degree
day accumulates for each degree
Fahrenheit that a day’s average
temperature is above 50 degrees, which
is the minimum temperature required
for grapevine growth. See ‘‘General
Viticulture,’’ by Albert J. Winkler,
University of California Press, 1974.)
The temperature and growing
condition differences between the
proposed Saddle Rock-Malibu area and
the established Malibu-Newton Canyon
area result from the prevailing wind
flows of summer (south through westnorthwest directions), according to the
submitted Fox Weather data. Located on
the leeward side of the Santa Monica
Mountains crest, the proposed Saddle
Rock-Malibu area receives more
sunshine and has higher daytime
temperatures than the Malibu-Newton
Canyon area, which is located just
southeast of the Saddle Rock area on the
windward side of the mountain crest
and is, therefore, more strongly
influenced by the cooling Pacific marine
air. Also, the warm, down slope wind
that affects the Saddle Rock-Malibu area
is less evident in the Malibu-Newton
Canyon area.
Soils
Predominant soils of the proposed
Saddle Rock-Malibu area include
Cropley clay, Gilroy clay loam and
rocky clay loam, and Hambright loam,
clay loam and rocky clay loam,
according to Robert Roche of Roche
Vineyard Consulting in his June 5, 2004,
letter to the petitioners.
The U.S. Department of Agriculture’s
Soil Conservation Service (now the
Proposed Saddle Rock-Malibu viticultural area soils
Established Malibu-Newton Canyon viticultural area soils
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Gilroy rocky clay loam and clay loams ....................................................
Hambright loam, clay loam, and rocky clay loam ....................................
Cropley clay ..............................................................................................
The Hambright rocky clay loam and
Gilroy clay loam series dominate the
proposed Saddle Rock-Malibu area’s
northeast region, according to Robert
Roche of Roche Vineyard Consulting.
He explains that although these two
series are found throughout California,
they contrast to the igneous rock found
in the eastern area immediately beyond
the proposed Saddle Rock-Malibu
viticultural area boundary line. Mr.
Roche compares the Malibu-Newton
Canyon viticultural area to the proposed
Saddle Rock-Malibu viticultural area by
describing the Saddle Rock-Malibu
area’s soils as ‘‘deeper with more clay
content overall, leading to more water
holding capacity.’’ He explains that the
‘‘soil series and descriptions are
different enough’’ between the two areas
to conclude that ‘‘wine characteristics
would be significantly different.’’ The
northeast corner of the proposed Saddle
Rock-Malibu area, the petition states,
has the most evident differences in soil
as compared to the region immediately
beyond the boundary line.
The petition, however, emphasizes
that soil differences of the proposed
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Gilroy clay loam.
Hambright rocky clay loam.
Castaic silty clay loam.
Malibu loam.
Malcolm loam.
Rincon silty clay loam.
Saddle Rock-Malibu area play a lesser
role than the climate and physical
geography in defining the
distinctiveness of the proposed
viticultural area.
Boundary Description
See the narrative boundary
description of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this notice.
Maps
The petitioner provided the required
map, and we identify it 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. If we
establish this proposed viticultural area,
its name, ‘‘Saddle Rock-Malibu,’’ will be
recognized as a name of viticultural
significance. Consequently, wine
bottlers using ‘‘Saddle Rock-Malibu’’ in
a brand name, including a trademark, or
in another label reference as to the
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Natural Resources Conservation Service)
publication, ‘‘Soils of the Malibu Area
California’’ (October 1967), states at
pages 65 and 66 that Cropley clay is
well drained with slow permeability.
Cropley clay occupies nearly level to
moderately sloping alluvial fans, and
bedrock is found more than 5 feet below
the surface. According to the 1967
‘‘Soils of the Malibu Area California’’
publication, Gilroy clays are well
drained with slow permeability. They
occupy gently rolling to steep upland
areas, and bedrock is generally found
between 2 feet and 31⁄3 feet below the
surface. Hambright clay loams,
described on pages 72 and 73 of the
1967 Malibu area soil publication, are
well drained with moderate
permeability. They occupy moderately
steep to very steep upland areas, and
bedrock is found from 2⁄3 foot to 11⁄2 feet
below the surface.
A comparison of the soils of the
proposed Saddle Rock-Malibu
viticultural area to those in the existing
Malibu-Newton Canyon viticultural area
shows distinct soil differences.
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origin of the wine, will have to ensure
that the product is eligible to use the
viticultural area’s name as an
appellation of origin. On the other hand,
we do not believe that any single part
of the proposed viticultural area name
standing alone, such as ‘‘Saddle Rock’’
or ‘‘Malibu’’ would have viticultural
significance if the new area is
established. Accordingly, the proposed
part 9 regulatory text set forth in this
document specifies only the full
‘‘Saddle Rock-Malibu’’ name as a term
of viticultural significance for purposes
of part 4 of the TTB regulations.
For a wine to be eligible to use as an
appellation of origin the name of a
viticultural area specified in part 9 of
the TTB regulations, at least 85 percent
of the grapes used to make the wine
must have been grown within the area
represented by that name, and the wine
must meet the other conditions listed in
27 CFR 4.25(a)(3). If the wine is not
eligible to use the viticultural area name
as an appellation of origin and that
name appears in the brand name, then
the label is not in compliance and the
bottler must change the brand name and
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obtain approval of a new label.
Similarly, if the viticultural area name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Accordingly, if a new label or a
previously approved label uses the
name ‘‘Saddle Rock-Malibu’’ for a wine
that does not meet the 85 percent
standard, the new label will not be
approved, and the previously approved
label will be subject to revocation, upon
the effective date of the approval of the
Saddle Rock-Malibu viticultural area.
Different rules apply if a wine has a
brand name containing a viticultural
area 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.
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Public Participation
Comments Invited
We invite comments from interested
members of the public on whether we
should establish the proposed
viticultural area. We are also interested
in receiving comments on the
sufficiency and accuracy of the name,
climatic, boundary, and other required
information submitted in support of the
petition. Please provide any available
specific information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Saddle
Rock-Malibu viticultural area on brand
labels that include the words ‘‘Saddle
Rock-Malibu’’ as discussed above under
Impact on Current Wine Labels, we are
particularly interested in comments
regarding whether there will be a
conflict between the proposed area
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
negative economic impact that approval
of the proposed viticultural area will
have on an existing viticultural
enterprise. We are also interested in
receiving suggestions for ways to avoid
any conflicts, for example, by adopting
a modified or different name for the
viticultural area.
Although TTB believes that only the
full name ‘‘Saddle Rock-Malibu’’ should
be considered to have viticultural
significance upon establishment of the
proposed new viticultural area, we also
invite comments from those who believe
that ‘‘Saddle Rock’’ or ‘‘Malibu’’
standing alone would have viticultural
significance upon establishment of the
area. Comments in this regard should
include documentation or other
information supporting the conclusion
that use of ‘‘Saddle Rock’’ or ‘‘Malibu’’
on a wine label could cause consumers
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and vintners to attribute to the wine in
question the quality, reputation, or other
characteristic of wine made from grapes
grown in the proposed Saddle RockMalibu viticultural area.
Submitting Comments
Please submit your comments by the
closing date shown above in this notice.
Your comments must include this
notice number and your name and
mailing address. Your comments must
be legible and written in language
acceptable for public disclosure. We do
not acknowledge receipt of comments,
and we consider all comments as
originals. You may submit comments in
one of five ways:
• Mail: You may send written
comments to TTB at the address listed
in the ADDRESSES section.
• Facsimile: You may submit
comments by facsimile transmission to
202–927–8525. Faxed comments must—
(1) Be on 8.5 by 11-inch paper;
(2) Contain a legible, written
signature; and
(3) Be no more than five pages long.
This limitation assures electronic access
to our equipment. We will not accept
faxed comments that exceed five pages.
• E-mail: You may e-mail comments
to nprm@ttb.gov. Comments transmitted
by electronic mail must—
(1) Contain your e-mail address;
(2) Reference this notice number on
the subject line; and
(3) Be legible when printed on 8.5 by
11-inch paper.
• Online form: We provide a
comment form with the online copy of
this notice on our Web site at https://
www.ttb.gov/alcohol/rules/index.htm.
Select the ‘‘Send comments via e-mail’’
link under this notice number.
• Federal e-rulemaking portal: To
submit comments to us via the Federal
e-rulemaking portal, visit https://
www.regulations.gov and follow the
instructions for submitting comments.
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, in light of all circumstances,
whether to hold a public hearing.
Confidentiality
1503
appointment at the TTB Information
Resource Center at 1310 G Street, NW.,
Washington, DC 20220. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Contact our information
specialist at the above address or by
telephone at 202–927–2400 to schedule
an appointment or to request copies of
comments.
For your convenience, we will post
this notice and any comments we
receive on this proposal on the TTB
Web site. We may omit voluminous
attachments or material that we
consider unsuitable for posting. In all
cases, the full comment will be available
in the TTB Information Resource Center.
To access the online copy of this notice
and the posted comments, visit https://
www.ttb.gov/alcohol/rules/index.htm.
Select the ‘‘View Comments’’ link under
this notice number to view the posted
comments.
Regulatory Flexibility Act
We certify 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
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866, 58 FR 51735.
Therefore, it requires no regulatory
assessment.
Drafting Information
N.A. Sutton of the Regulations and
Rulings Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend 27 CFR,
chapter 1, part 9, as follows:
All submitted material is part of the
public record and subject to disclosure.
Do not enclose any material in your
comments that you consider
confidential or inappropriate for public
disclosure.
PART 9—AMERICAN VITICULTURAL
AREAS
Public Disclosure
You may view copies of this notice,
the petition, the appropriate maps, and
any comments we receive by
Subpart C—Approved American
Viticultural Areas
2. Amend subpart C by adding § 9.l
to read as follows:
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1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
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§ 9.l
Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 / Proposed Rules
Saddle Rock-Malibu.
(a) Name. The name of the viticultural
area described in this section is ‘‘Saddle
Rock-Malibu’’. For purposes of part 4 of
this chapter, ‘‘Saddle Rock-Malibu’’ is a
term of viticultural significance.
(b) Approved Maps. The United States
Geological Survey, 1:24,000 scale,
topographic map used to determine the
boundary of the Saddle Rock-Malibu
viticultural area is titled: Point Dume
Quadrangle California, 7.5-Minute
Series (Orthophotoquad), 1995.
(c) Boundary. The Saddle RockMalibu viticultural area is located in Los
Angeles County, California. The
boundary of the Saddle Rock-Malibu
viticultural area is described below—
(1) The beginning point on the Point
Dume map is the intersection of Decker
Road and Mulholland Highway, section
3, T1S/R19W;
(2) From the beginning point, proceed
north-northeast along Decker Road
approximately 0.7 mile to its
intersection with the southern boundary
of the El Conejo land grant, section 3,
T1S/R19W; then
(3) Proceed straight east-southeast
along the El Conejo land grant boundary
line approximately 0.4 mile to the point
where the land grant boundary line
changes direction to the northeast,
section 2, T1S/R19W; then
(4) Proceed straight northeast for
approximately 0.5 mile along the El
Conejo land grant boundary line to its
second intersection with the 1,700-foot
contour line in section 2, T1S/R19W;
then
(5) Proceed southeasterly along the
meandering 1,700-foot contour line,
crossing the R19W/R18W range line
near the southwest corner of section 6,
T1S/R18W, and continue along the
1,700-contour line to its intersection
with Kanan Road near the southwest
corner of section 6, T1S/R18W; then
(6) Proceed south along Kanan Road
approximately 0.35 mile to its
intersection the 1,800-foot contour line
(very near the intersection of Kanan
Road and an unnamed unimproved
road), section 7, T1S/R18W; then
(7) Proceed southeasterly along the
meandering 1,800-foot contour line to a
point approximately 200 feet due north
of the intersection of Mulholland
Highway and two unnamed,
unimproved roads near the center of
section 7, T1S/R18W, and, from that
point, proceed due south in a straight
line to the intersection of Mulholland
Highway and the two unnamed,
unimproved roads, section 7, T1S/
R18W; then
(8) Following the eastern-most
unimproved road, proceed southerly
along the meandering unimproved road,
VerDate Aug<31>2005
13:52 Jan 09, 2006
Jkt 208001
passing to the west of a 2,054-foot peak,
and continue to the road’s intersection
with another unnamed, unimproved
road immediately south of the section
18 north boundary line and due east of
a 2,448-foot peak, section 18, T1S/
R18W; then
(9) Proceed southwesterly along the
unnamed, unimproved road to its
intersection with the Latigo Canyon
Road, just east of BM 2125, section 18,
T1S/R18W; then
(10) Proceed northerly then westerly
along Latigo Canyon Road to its
intersection with Kanan Road very near
the southeast corner of section 12, T1S/
R19W; then
(11) Proceed south along Kanan Road
for approximately 0.6 mile to its
intersection with the 1,700-foot contour
line, located immediately south of the
four-way intersection of two unnamed,
unimproved roads and Kanan Road,
section 13, T1S/R19W; then
(12) Proceed 1.5 miles generally westnorthwest along the unnamed,
unimproved road through Zuma Canyon
to its intersection with Encinal Canyon
Road at about the 1,806-elevation mark,
section 11, T1S/R19W; then
(13) Crossing Encinal Canyon Road,
proceed northwesterly along the
unnamed, unimproved road, which
becomes a trail, and continue northerly
to the trail’s intersection with the 1,900foot contour line, near the center of
section 11, T1S/R19W; then
(14) Proceed northwesterly along the
meandering 1,900-foot contour line,
circling to the west of the 2,189-foot
peak in section 11, to the contour line’s
intersection with Mulholland Highway
at the northern boundary of section 11,
T1S/R19W; then
(15) Proceed westerly about 0.8 mile
on Mulholland Highway and return to
the beginning point at its intersection
with Decker Road, section 3, T1S/R19W.
Signed: December 19, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 06–207 Filed 1–9–06; 8:45 am]
BILLING CODE 4810–31–P
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket No. PHMSA–98–4470]
Pipeline Safety: Gas Gathering Line,
Definition; Meeting of the Technical
Pipeline Safety Standards Advisory
Committee
Department of Transportation
(DOT), Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Proposed rule; Notice of
meeting.
AGENCY:
SUMMARY: This notice announces a
public meeting of the Pipeline and
Hazardous Materials Safety
Administration’s (PHMSA) Technical
Pipeline Safety Standards Committee
(TPSSC) to vote on a proposed rule to
use consensus standards to distinguish
onshore gathering lines, to establish
safety standards for certain higher-risk
onshore gathering lines, and to change
current standards on low-risk onshore
gathering lines.
DATES: The TPSSC will meet on
Thursday, January 19, 2006, from 10
a.m. to 12 noon, e.s.t.
Written comments must be received
by January 26, 2006.
ADDRESSES: The Advisory Committee
members will participate via telephone
conference call. Members of the public
may attend the meeting at the U.S.
Department of Transportation, 400
Seventh Street, SW., Washington, DC,
room 3328.
FOR FURTHER INFORMATION CONTACT: For
additional information regarding this
meeting contact: Cheryl Whetsel, OPS,
(202) 366–4431; cheryl.whetsel@dot.gov.
SUPPLEMENTARY INFORMATION:
1. Meeting Details: Members of the
public may attend the meeting. PHMSA
will post any additional information or
changes on its Web page (https://
phmsa.dot.gov).
Members of the public may make
short statements on the topics under
discussion. Anyone wishing to make an
oral statement should notify Cheryl
Whetsel, no later than January 12th of
the topic and the length of the
presentation. The presiding officer at
the meeting may deny any request to
present an oral statement and may limit
the time of any presentation.
You may submit written comments by
mail or deliver them to the Dockets
Facility by January 26, 2006, U.S.
E:\FR\FM\10JAP1.SGM
10JAP1
Agencies
[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Proposed Rules]
[Pages 1500-1504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-207]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 71, No. 6 / Tuesday, January 10, 2006 /
Proposed Rules
[[Page 1500]]
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 55]
RIN 1513-AB15
Proposed Establishment of the Saddle Rock-Malibu Viticultural
Area (2003R-110P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the ``Saddle Rock-Malibu'' viticultural area in Los Angeles
County, California. The proposed area consists of approximately 2,090
acres, approximately 5 miles inland from the Pacific Ocean and 32 miles
west of downtown Los Angeles. We designate viticultural areas to allow
vintners to better describe the origin of their wines and to allow
consumers to better identify wines they may purchase. We invite
comments on this proposed addition to our regulations.
DATES: We must receive written comments on or before March 13, 2006.
ADDRESSES: You may send comments to any of the following addresses:
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 55, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
https://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
https://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive about this notice by appointment at
the TTB Information Resource Center, 1310 G Street, NW., Washington, DC
20220. To make an appointment, call 202-927-2400. You may also access
copies of the notice and comments online at https://www.ttb.gov/alcohol/
rules/index.htm.
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.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, California 94952; telephone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers with adequate information regarding product identity
and prohibits the use of misleading information on those labels. The
FAA Act also authorizes the Secretary of the Treasury to issue
regulations to carry out its provisions. The Alcohol and Tobacco Tax
and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographical origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, elevation, physical features, and soils that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Saddle Rock-Malibu Petition
Lisa A. Semler and Derek Baugh of Semler Malibu Estate Vineyards in
Malibu, California, submitted a petition for the establishment of the
Saddle Rock-Malibu viticultural area. Located in western Los Angeles
County, California, the proposed viticultural area covers approximately
2,090 acres in the Santa Monica Mountains, approximately 32 miles west
of downtown Los Angeles and 5 miles inland from the Pacific Ocean. The
proposed area lies between 1,700 and 2,236 feet in elevation and has 70
acres of vineyards located between 1,800 and 2,000 feet in elevation.
The primary distinguishing viticultural features of the proposed
Saddle Rock-Malibu viticultural area include its high elevation and its
location and orientation within the Santa Monica Mountains, which limit
its exposure to the cooling Pacific marine inversion layer, according
to the petition. As a result, the proposed area receives more solar
radiation and is warmer than neighboring areas with
[[Page 1501]]
more marine influence during the growing season.
The information submitted in support of the petition is summarized
below.
Name Evidence
The name of the proposed Saddle Rock-Malibu viticultural area
combines the name of a high, prominent rock formation within the
proposed area, Saddle Rock, with the name of the surrounding region of
western Los Angeles County, Malibu. According to the petition, the
``Saddle Rock-Malibu'' name provides an accurate geographical
description of the proposed viticultural area.
Located in the Santa Monica Mountains near the center of the
proposed area, Saddle Rock is a prominent saddle-shaped rock formation
that rises 2,000 feet above sea level. Saddle Rock is identified on the
USGS Point Dume, California, quadrangle map in section 12, T1S/R19W.
Saddle Rock Ranch is located within the proposed viticultural area, and
the Saddle Rock Pictograph Site, located on the ranch between Saddle
Rock and Mitten Rock, is a National Historic Landmark. The pictographs
found at the Saddle Rock site are characteristic of the Chumash Indian
art style, according to the National Park Service's National Historic
Landmark Web site, which also notes that Saddle and Mitten Rocks served
as landmarks for prehistoric and early historic travelers (see https://
www.cr.nps.gov/nhl/DOE_dedesignations/saddlerock.htm).
The Malibu region, which the petition describes as encompassing
western Los Angeles County from the ridge line of the Santa Monica
Mountains in the north to the Pacific Ocean in the south and from
Topanga Canyon in the east to the Ventura County line in the west,
surrounds the Saddle Rock area. The Malibu region is shown on the July
2001 American Automobile Association map titled, ``Coast & Valley Bay
Area to Southern California,'' in section G-12. The USGS Geographic
Names Information System (GNIS) lists 30 Malibu name uses within Los
Angeles County, including streams, beaches, lakes, a reservoir, parks,
towns, buildings, and an airport.
TTB's predecessor agency, the Bureau of Alcohol, Tobacco and
Firearms (ATF), established the Malibu-Newton Canyon viticultural area
(27 CFR 9.152) in T.D. ATF-375, published in the Federal Register (61
FR 29952) on June 13, 1996. T.D. ATF-375 explained that the ``Malibu''
name originated with the Chumash Indians as ``Mala I Boo.'' The 1805
Topanga Malibu Sequit land grant of 13,315 acres, also referred to as
Rancho Malibu, includes the modern day ``Malibu'' spelling. In the
1930s, with the construction of the Pacific Coast Highway, the petition
states that the Malibu region developed into the nationally known
community it is today.
Boundary Evidence
The modern history of the proposed Saddle Rock-Malibu viticultural
area dates to the era of Spanish colonial land grants, and the proposed
area lies between the historic Topanga Malibu Sequit land grant to the
south and the El Conejo land grant to the north. Originally know as
``El Malibu,'' the petition states that the ranch surrounding the
Saddle Rock formation was, by the 1930s, known as Saddle Rock Ranch.
Wine grape production within the proposed Saddle Rock-Malibu
viticultural area began in 1997, according to the petition, and as of
February 2005 the area had 70 vineyard acres in commercial production.
Roughly centered on the Saddle Rock formation, the proposed Saddle
Rock-Malibu viticultural area encompasses a suspended valley within the
higher elevations of the Santa Monica Mountains. Beginning at Decker
Road, the northern boundary of the proposed area follows a portion of
the southern boundary of the El Conejo land grant, and then follows the
1,700-foot contour line southeasterly to Mulholland Highway. Steep
mountain terrain lies to the east and south of the proposed Saddle
Rock-Malibu area, while the Malibu Country Club lies to its west. The
petition uses trails, unimproved roads, and secondary roads to
delineate the eastern, southern, and western portions of the proposed
boundary, according to the written boundary description and USGS Point
Dume map provided with the petition.
Distinguishing Features
The proposed Saddle Rock-Malibu viticultural area's high
elevations, north-facing slope orientation, and geographical location
in the Santa Monica Mountains all combine to create a microclimate with
limited marine influence, according to the petition. As compared to
surrounding areas with more marine influence, the proposed area
receives more growing season sunshine and has warmer temperatures. The
proposed area's microclimate, the petition continues, creates a
distinctive and unique mountainous grape-growing region.
Topography
The proposed Saddle Rock-Malibu viticultural area, according to the
petition, is a geographically suspended valley located largely on the
leeward side of the crest of the Santa Monica Mountains. From the
mountains' crest, elevations drop about 2,000 feet to the Pacific Ocean
in the south and, in the north, about 1,000 feet to the Conejo Valley
floor. Within the proposed viticultural area, elevations range from a
low of 1,700 feet along much of the boundary line to a 2,236-foot peak
along its northeast border, as shown on the Point Dume map.
Intermittent streams flow from the higher elevations downward towards
the Pacific Ocean or towards larger streams in the Conejo Valley to the
north. Several secondary highways, light-duty roads, and a number of
unimproved roads and jeep trails criss-cross the proposed Saddle Rock
area, as shown on the Point Dume USGS map.
Climate
The unique microclimate of the proposed Saddle Rock-Malibu
viticultural area is its most distinguishing viticultural feature,
according to the petition, which included a climate report prepared by
Fox Weather of Fortuna, California. While the larger Malibu regional
climate is typical of southern California with mild, rainy winters and
warm, dry summers, the petition states that the proposed Saddle Rock-
Malibu viticultural area is climatically affected by its geographical
location in the Santa Monica Mountains.
The Pacific Ocean, about 5 miles south of the proposed viticultural
area, provides an intrusive marine influence that permeates the Santa
Monica Mountains area incrementally, based on elevation, time of year,
and other factors, according to Fox Weather. In this region of Los
Angeles County, this cool, moist, marine influence funnels northward
from the ocean, through the low gaps in the mountain range, reaching
various elevations at different times in the growing season. The
proposed Saddle Rock-Malibu viticultural area's high elevations, its
location on the leeward side of the mountain crest, and its north-
facing mountain slopes are significant factors in limiting the extent
of the cooling marine influence received within the proposed area,
according to the submitted Fox Weather data.
Summers in the Malibu region are hot and dry at the higher
elevations above the marine influence and are cooler and less sunny in
the lower coastal areas
[[Page 1502]]
and beaches, according to Fox Weather. A comparison of growing season
heat accumulation as measured by degree days shows that the proposed
Saddle Rock-Malibu viticultural area, at 4,200 degree days, is somewhat
warmer than the near-by Malibu-Newton Canyon viticultural area, which
accumulates 4,000 to 4,100 degree days of heat during the growing
season. Further inland, toward the San Fernando Valley, temperatures
are warmer during the day and cooler at night than along the crest of
the Santa Monica Mountains. (A measurement of heat accumulation during
the growing season, one degree day accumulates for each degree
Fahrenheit that a day's average temperature is above 50 degrees, which
is the minimum temperature required for grapevine growth. See ``General
Viticulture,'' by Albert J. Winkler, University of California Press,
1974.)
The temperature and growing condition differences between the
proposed Saddle Rock-Malibu area and the established Malibu-Newton
Canyon area result from the prevailing wind flows of summer (south
through west-northwest directions), according to the submitted Fox
Weather data. Located on the leeward side of the Santa Monica Mountains
crest, the proposed Saddle Rock-Malibu area receives more sunshine and
has higher daytime temperatures than the Malibu-Newton Canyon area,
which is located just southeast of the Saddle Rock area on the windward
side of the mountain crest and is, therefore, more strongly influenced
by the cooling Pacific marine air. Also, the warm, down slope wind that
affects the Saddle Rock-Malibu area is less evident in the Malibu-
Newton Canyon area.
Soils
Predominant soils of the proposed Saddle Rock-Malibu area include
Cropley clay, Gilroy clay loam and rocky clay loam, and Hambright loam,
clay loam and rocky clay loam, according to Robert Roche of Roche
Vineyard Consulting in his June 5, 2004, letter to the petitioners.
The U.S. Department of Agriculture's Soil Conservation Service (now
the Natural Resources Conservation Service) publication, ``Soils of the
Malibu Area California'' (October 1967), states at pages 65 and 66 that
Cropley clay is well drained with slow permeability. Cropley clay
occupies nearly level to moderately sloping alluvial fans, and bedrock
is found more than 5 feet below the surface. According to the 1967
``Soils of the Malibu Area California'' publication, Gilroy clays are
well drained with slow permeability. They occupy gently rolling to
steep upland areas, and bedrock is generally found between 2 feet and
3\1/3\ feet below the surface. Hambright clay loams, described on pages
72 and 73 of the 1967 Malibu area soil publication, are well drained
with moderate permeability. They occupy moderately steep to very steep
upland areas, and bedrock is found from \2/3\ foot to 1\1/2\ feet below
the surface.
A comparison of the soils of the proposed Saddle Rock-Malibu
viticultural area to those in the existing Malibu-Newton Canyon
viticultural area shows distinct soil differences.
------------------------------------------------------------------------
Proposed Saddle Rock-Malibu Established Malibu-Newton
viticultural area soils Canyon viticultural area soils
------------------------------------------------------------------------
Gilroy rocky clay loam and clay loams.. Gilroy clay loam.
Hambright loam, clay loam, and rocky Hambright rocky clay loam.
clay loam.
Cropley clay........................... Castaic silty clay loam.
Malibu loam.
Malcolm loam.
Rincon silty clay loam.
------------------------------------------------------------------------
The Hambright rocky clay loam and Gilroy clay loam series dominate
the proposed Saddle Rock-Malibu area's northeast region, according to
Robert Roche of Roche Vineyard Consulting. He explains that although
these two series are found throughout California, they contrast to the
igneous rock found in the eastern area immediately beyond the proposed
Saddle Rock-Malibu viticultural area boundary line. Mr. Roche compares
the Malibu-Newton Canyon viticultural area to the proposed Saddle Rock-
Malibu viticultural area by describing the Saddle Rock-Malibu area's
soils as ``deeper with more clay content overall, leading to more water
holding capacity.'' He explains that the ``soil series and descriptions
are different enough'' between the two areas to conclude that ``wine
characteristics would be significantly different.'' The northeast
corner of the proposed Saddle Rock-Malibu area, the petition states,
has the most evident differences in soil as compared to the region
immediately beyond the boundary line.
The petition, however, emphasizes that soil differences of the
proposed Saddle Rock-Malibu area play a lesser role than the climate
and physical geography in defining the distinctiveness of the proposed
viticultural area.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required map, and we identify it 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. If we establish this proposed viticultural area, its
name, ``Saddle Rock-Malibu,'' will be recognized as a name of
viticultural significance. Consequently, wine bottlers using ``Saddle
Rock-Malibu'' 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 viticultural area's name as an
appellation of origin. On the other hand, we do not believe that any
single part of the proposed viticultural area name standing alone, such
as ``Saddle Rock'' or ``Malibu'' would have viticultural significance
if the new area is established. Accordingly, the proposed part 9
regulatory text set forth in this document specifies only the full
``Saddle Rock-Malibu'' name as a term of viticultural significance for
purposes of part 4 of the TTB regulations.
For a wine to be eligible to use as an appellation of origin the
name of a viticultural area specified in part 9 of the TTB regulations,
at least 85 percent of the grapes used to make the wine must have been
grown within the area represented by that name, and the wine must meet
the other conditions listed in 27 CFR 4.25(a)(3). If the wine is not
eligible to use the viticultural area name as an appellation of origin
and that name appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and
[[Page 1503]]
obtain approval of a new label. Similarly, if the viticultural area
name appears in another reference on the label in a misleading manner,
the bottler would have to obtain approval of a new label. Accordingly,
if a new label or a previously approved label uses the name ``Saddle
Rock-Malibu'' for a wine that does not meet the 85 percent standard,
the new label will not be approved, and the previously approved label
will be subject to revocation, upon the effective date of the approval
of the Saddle Rock-Malibu viticultural area.
Different rules apply if a wine has a brand name containing a
viticultural area 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.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are also
interested in receiving comments on the sufficiency and accuracy of the
name, climatic, boundary, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Saddle Rock-Malibu viticultural area on brand labels that
include the words ``Saddle Rock-Malibu'' as discussed above under
Impact on Current Wine Labels, we are particularly interested in
comments regarding whether there will be a conflict between the
proposed area 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 negative economic impact that
approval of the proposed viticultural area will have on an existing
viticultural enterprise. We are also interested in receiving
suggestions for ways to avoid any conflicts, for example, by adopting a
modified or different name for the viticultural area.
Although TTB believes that only the full name ``Saddle Rock-
Malibu'' should be considered to have viticultural significance upon
establishment of the proposed new viticultural area, we also invite
comments from those who believe that ``Saddle Rock'' or ``Malibu''
standing alone would have viticultural significance upon establishment
of the area. Comments in this regard should include documentation or
other information supporting the conclusion that use of ``Saddle Rock''
or ``Malibu'' on a wine label could cause consumers and vintners to
attribute to the wine in question the quality, reputation, or other
characteristic of wine made from grapes grown in the proposed Saddle
Rock-Malibu viticultural area.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals. You may submit
comments in one of five ways:
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5 by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5 by 11-inch paper.
Online form: We provide a comment form with the online
copy of this notice on our Web site at https://www.ttb.gov/alcohol/
rules/index.htm. Select the ``Send comments via e-mail'' link under
this notice number.
Federal e-rulemaking portal: To submit comments to us via
the Federal e-rulemaking portal, visit https://www.regulations.gov and
follow the instructions for submitting comments.
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, in light of all circumstances, whether to hold a public
hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Information
Resource Center at 1310 G Street, NW., Washington, DC 20220. You may
also obtain copies at 20 cents per 8.5- x 11-inch page. Contact our
information specialist at the above address or by telephone at 202-927-
2400 to schedule an appointment or to request copies of comments.
For your convenience, we will post this notice and any comments we
receive on this proposal on the TTB Web site. We may omit voluminous
attachments or material that we consider unsuitable for posting. In all
cases, the full comment will be available in the TTB Information
Resource Center. To access the online copy of this notice and the
posted comments, visit https://www.ttb.gov/alcohol/rules/index.htm.
Select the ``View Comments'' link under this notice number to view the
posted comments.
Regulatory Flexibility Act
We certify 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
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
N.A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend 27
CFR, chapter 1, part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
2. Amend subpart C by adding Sec. 9.-- to read as follows:
[[Page 1504]]
Sec. 9.-- Saddle Rock-Malibu.
(a) Name. The name of the viticultural area described in this
section is ``Saddle Rock-Malibu''. For purposes of part 4 of this
chapter, ``Saddle Rock-Malibu'' is a term of viticultural significance.
(b) Approved Maps. The United States Geological Survey, 1:24,000
scale, topographic map used to determine the boundary of the Saddle
Rock-Malibu viticultural area is titled: Point Dume Quadrangle
California, 7.5-Minute Series (Orthophotoquad), 1995.
(c) Boundary. The Saddle Rock-Malibu viticultural area is located
in Los Angeles County, California. The boundary of the Saddle Rock-
Malibu viticultural area is described below--
(1) The beginning point on the Point Dume map is the intersection
of Decker Road and Mulholland Highway, section 3, T1S/R19W;
(2) From the beginning point, proceed north-northeast along Decker
Road approximately 0.7 mile to its intersection with the southern
boundary of the El Conejo land grant, section 3, T1S/R19W; then
(3) Proceed straight east-southeast along the El Conejo land grant
boundary line approximately 0.4 mile to the point where the land grant
boundary line changes direction to the northeast, section 2, T1S/R19W;
then
(4) Proceed straight northeast for approximately 0.5 mile along the
El Conejo land grant boundary line to its second intersection with the
1,700-foot contour line in section 2, T1S/R19W; then
(5) Proceed southeasterly along the meandering 1,700-foot contour
line, crossing the R19W/R18W range line near the southwest corner of
section 6, T1S/R18W, and continue along the 1,700-contour line to its
intersection with Kanan Road near the southwest corner of section 6,
T1S/R18W; then
(6) Proceed south along Kanan Road approximately 0.35 mile to its
intersection the 1,800-foot contour line (very near the intersection of
Kanan Road and an unnamed unimproved road), section 7, T1S/R18W; then
(7) Proceed southeasterly along the meandering 1,800-foot contour
line to a point approximately 200 feet due north of the intersection of
Mulholland Highway and two unnamed, unimproved roads near the center of
section 7, T1S/R18W, and, from that point, proceed due south in a
straight line to the intersection of Mulholland Highway and the two
unnamed, unimproved roads, section 7, T1S/R18W; then
(8) Following the eastern-most unimproved road, proceed southerly
along the meandering unimproved road, passing to the west of a 2,054-
foot peak, and continue to the road's intersection with another
unnamed, unimproved road immediately south of the section 18 north
boundary line and due east of a 2,448-foot peak, section 18, T1S/R18W;
then
(9) Proceed southwesterly along the unnamed, unimproved road to its
intersection with the Latigo Canyon Road, just east of BM 2125, section
18, T1S/R18W; then
(10) Proceed northerly then westerly along Latigo Canyon Road to
its intersection with Kanan Road very near the southeast corner of
section 12, T1S/R19W; then
(11) Proceed south along Kanan Road for approximately 0.6 mile to
its intersection with the 1,700-foot contour line, located immediately
south of the four-way intersection of two unnamed, unimproved roads and
Kanan Road, section 13, T1S/R19W; then
(12) Proceed 1.5 miles generally west-northwest along the unnamed,
unimproved road through Zuma Canyon to its intersection with Encinal
Canyon Road at about the 1,806-elevation mark, section 11, T1S/R19W;
then
(13) Crossing Encinal Canyon Road, proceed northwesterly along the
unnamed, unimproved road, which becomes a trail, and continue northerly
to the trail's intersection with the 1,900-foot contour line, near the
center of section 11, T1S/R19W; then
(14) Proceed northwesterly along the meandering 1,900-foot contour
line, circling to the west of the 2,189-foot peak in section 11, to the
contour line's intersection with Mulholland Highway at the northern
boundary of section 11, T1S/R19W; then
(15) Proceed westerly about 0.8 mile on Mulholland Highway and
return to the beginning point at its intersection with Decker Road,
section 3, T1S/R19W.
Signed: December 19, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 06-207 Filed 1-9-06; 8:45 am]
BILLING CODE 4810-31-P