[Federal Register Volume 71, Number 6 (Tuesday, January 10, 2006)]
[Proposed Rules]
[Pages 1500-1504]
From the Federal Register Online via the Government Publishing 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).
     [email protected] (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 [email protected]. 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