[Federal Register: January 10, 2006 (Volume 71, Number 6)]
[Proposed Rules]
[Page 1500-1504]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja06-11]
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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.
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[[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.
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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).
http://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
http://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 http://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 http://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 http://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 http://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 http://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