[Federal Register Volume 60, Number 246 (Friday, December 22, 1995)]
[Proposed Rules]
[Pages 66535-66538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31169]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
RIN 1512-AA07
[Notice No. 817]
The Malibu-Newton Canyon Viticultural Area (95R-014P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms, Department of the
Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) has received
a petition proposing the establishment of a viticultural area in the
State of California to be known as ``Malibu-Newton Canyon.'' This
proposal is the result of a petition submitted by Mr. George Rosenthal,
President of Rancho Escondido, Inc.
ATF believes that the establishment of viticultural area names as
appellations of origin in wine labeling and advertising allows wineries
to designate the specific areas where the grapes used to make the wine
were grown and enables consumers to better identify the wines they
purchase.
DATES: Written comments must be received by February 20, 1996.
ADDRESSES: Send written comments to: Chief, Wine, Beer and Spirits
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box
50221, Washington, DC 20091-0221 (Attn: Notice No. 817). Copies of the
petition, the proposed regulations, the appropriate maps, and any
written comments received will be available for public inspection
during normal business hours at: ATF Reading Room, Office of Public
Affairs and Disclosure, Room 6480, 650 Massachusetts Avenue, NW,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: David Brokaw, Wine, Beer and Spirits
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 650
Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8230).
SUPPLEMENTARY INFORMATION:
Background
On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR
37672, 54624) revising regulations in 27 CFR Part 4. These regulations
allow the establishment of definitive viticultural areas. The
regulations allow the name of an approved viticultural area to be used
as an appellation of origin on wine labels and in wine advertisements.
On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR
56692) which added a new Part 9 to 27 CFR, for the listing of approved
American viticultural areas.
Section 4.25a(e)(1), Title 27 CFR, defines an American viticultural
area as a delimited grape-growing region distinguishable by
geographical features, the boundaries of which have been delineated in
Subpart C of Part 9.
Section 4.25a(e)(2) outlines the procedure for proposing an
American viticultural area. Any interested person may petition ATF to
establish a grape-
[[Page 66536]]
growing region as a viticultural area. The petition should include:
(a) Evidence that the name of the proposed viticultural area is
locally and/or nationally known as referring to the area specified in
the petition;
(b) Historical or current evidence that the boundaries of the
viticultural area are as specified in the petition;
(c) Evidence relating to the geographical features (climate, soil,
elevation, physical features, etc.) which distinguish the viticultural
features of the proposed area from surrounding areas;
(d) A description of the specific boundaries of the viticultural
area, based on the features which can be found on United States
Geological Survey (U.S.G.S.) maps of the largest applicable scale; and
(e) A copy of the appropriate U.S.G.S. map(s) with the boundaries
prominently marked.
Petition
ATF has received a petition from Mr. George Rosenthal, President of
Rancho Escondido, Inc., proposing to establish a new viticultural
appellation in the Malibu area of Los Angeles County, California, to be
known as ``Malibu-Newton Canyon.'' The viticultural area, comprising
approximately 850 acres, is located within Newton Canyon which is a
bowl shaped valley located on the south facing side of the Santa Monica
Mountains. Vineyards currently within the proposed viticultural area
are located on the Rancho Escondido Estate. Rancho Escondido is
comprised of approximately 157 acres, all of which lies within the
proposed ``Malibu-Newton Canyon'' viticultural area. Approximately, 14
of these acres are planted with premium wine producing vineyards.
Varietals include Cabernet Savignon, Merlot, Cabernet Franc, Chardonnay
and Petite Verdot. Currently, there are no wineries located within the
proposed ``Malibu-Newton Canyon'' area. The petition provides the
following information as evidence that the proposed area meets the
regulatory requirements discussed previously.
Evidence That the Name of the Area Is Locally or Nationally Known
According to the petitioner, the origin of the name Malibu comes
from the ancient Chumash Indian word MALA I BOO, meaning ``Place on the
Cliff,'' and was the name of an Indian village just beyond Malibu
Beach. After the Spaniards took control of southern California, the
encompassing Chumash ranchera UMALIBO became known as the Malibu
Rancho. A Spanish settler, Jose Bartolome Tapia gained control of the
rancho and was later granted the land by the Governor of the
Californias. The present day spelling appears on the name of the
Topanga Malibu Sequit grant dated July 12, 1805. It originally totalled
13,315 acres, one of the largest southern California Ranchos at that
time.
The petitioner further states that throughout the 19th century,
Rancho Malibu changed hands many times but remained intact. Until the
construction of the Pacific Coast Highway in the 1930's, the privacy of
Rancho Malibu had not been invaded. With the burgeoning economy of
southern California, conditions greatly changed. This historic rancho
was finally subdivided during the same decade. Following soon after,
the famous Malibu Beach Colony was established where movie stars and
industry moguls began constructing their homes. The Malibu area then
quickly developed into the highly recognized community of Los Angeles
as it is known today.
Throughout this region there exists topography in the form of
roads, a creek, a lake, a canyon, a beach, hiking trails, parks,
vistas, etc. which denote the name ``Malibu.'' The region lying roughly
from the ridge line of the Santa Monica Mountains to the ocean, and
from Topanga Canyon to the Ventura County line is commonly known as
Malibu, according to the petitioner. While the city of Malibu was
incorporated in 1992, the entire surrounding area described above
continues to be recognized as Malibu. ``Malibu'' could be applied to
any of the hills/mountains which drain toward the ocean through the
city of Malibu, including Newton Canyon, the location of the proposed
viticultural area.
The petitioner provided a 1:250,000 scale Topopgraphic-Bathymetric
map of Los Angeles to document the use of the name, ``Malibu.'' An
article in the October 15, 1994, issue of the ``Wine Spectator,''
entitled ``A Vineyard Grows in Malibu Canyon,'' refers to the area
around ``The Malibu Estate'' (Rancho Escondido, Inc.) as ``Malibu
Hills.'' Also, included as an exhibit was a copy of an article from,
``The Underground Wine Journal,'' 1994, entitled, ``Distinctive New
Wines.'' This article refers to ``The Malibu Estate'' as being located
``in the hills above Malibu.''
According to the petitioner, the name ``Newton Canyon'' is
generally known as describing the specific area in which the proposed
viticultural area is located. This is evidenced by the name of the main
street running through the proposed viticultural area--``Newton Canyon
Road.'' In addition, maps of the area, including the U.S.G.S. map
referenced and shown within the petition, label the area as, ``Newton
Canyon.'' The petitioner states that, ``'Newton Canyon alone is not
descriptive enough to describe the general location of the proposed
viticultural area, and further, might possibly cause public confusion
in relation to Newton Vineyards, located in the Napa Valley.''
Therefore, the petitioner proposed the name, ``Malibu-Newton Canyon.''
Historical or Current Evidence That the Boundaries of the Proposed
Viticultural Area Are as Specified in the Petition
The boundaries of the proposed ``Malibu-Newton Canyon''
viticultural area follow the natural ridge lines which define Newton
Canyon and are delineated on the U.S.G.S. Point Dume, California,
quadrangle map.
Newton Canyon is a bowl shaped valley located on the south facing
side of the Santa Monica Mountains, in the Malibu area of Los Angeles
County. The canyon is oriented along an east-west axis. The valley
floor lies at an elevation of approximately 1,400 feet. The surrounding
ridgeline ranges in elevation from 1,800-2,100 feet on the southern
ocean side of the canyon, continuing to 2,100-2,800 feet on the high
side of the canyon to the north.
According to the petitioner, the elevation of the southern rim of
the canyon is low enough to allow evening fog to sift into the valley,
but high enough to keep out the marine layer that shrouds much of the
coastline throughout the daytime. The northern rim of the canyon joins
the crest of the Santa Monica Mountains that divides oceanside from
leeside. Lying at the eastern most side of the canyon, Castro Peak is
another distinguishing feature which marks one of the highest points in
the Santa Monica Mountains at 2,824 feet.
The petitioner further states that approximately two-thirds of the
surrounding Malibu area contains slopes greater than 25 percent, with
only one-fifth having relatively level terrain. Throughout the past
several decades, most of the usable land in the Malibu area has been
developed. Because of increasingly high land prices, very little of the
land in the general Malibu area is still used for agriculture. The
Santa Monica Mountains also have thousands of acres dedicated to State
and national parks, with more acreage being aggressively acquired by
public conservation agencies.
[[Page 66537]]
Evidence Relating to the Geographical Features (Climate, Soil,
Elevation, Physical Features, etc.) Which Distinguish the Viticultural
Features of the Proposed Area From Surrounding Areas
Climate
Based upon a 1994 climate study completed by Fox Weather, Oxnard,
California, the petitioner asserts the following: The general climate
of the Malibu area is typical of southern California with mild rainy
winters, and warm dry summers. However, there are several
climatological factors which distinguish the proposed ``Malibu-Newton
Canyon'' viticultural area from the surrounding region.
While summer temperatures often exceed 80 degrees in the afternoon,
cooling ocean breezes flow into the valley in the evening, according to
the petitioner. Moreover, during the evening and early morning a light
fog often filters into the valley and settles along the slopes,
creating a unique microclimate which is significantly cooler than the
surrounding inland areas. Typically, the morning sun shines through the
fog, which in turn is swept out by warm winds and high daytime
temperatures. The valley enjoys southern exposure to the sun throughout
the afternoon. According to the petitioner, these conditions are ideal
for premium grape growing.
Because of its high elevation and orientation, the proposed
viticultural area does not experience the constantly overcast skies and
cooler temperatures of the coastal region immediately below.
Newton Canyon, within which the proposed viticultural area is
located, is a unique pocket protected from marine influence. The
coastline near sea level is a more temperate climate controlled by
marine stratus with uniformly cold temperatures, fog and low clouds.
This cooler and more humid coastal environment, mainly affecting areas
below the 1,300 foot level, can create grape rot and delay maturation.
The petitioner claims that the proposed ``Malibu-Newton Canyon''
viticultural area is, in the daytime, a sunny warm oasis for a coastal
location. The proposed area is located at an elevation which lies just
at the bottom of the inversion layer and just at the top of the marine
layer. Typically, the marine layer ceiling is approximately 1,400 feet
on average. The southern or bottom rim of the canyon acts as a barrier
to the marine layer, preventing the bulk of the coastal fog and low
clouds from penetrating the valley for extended periods of time. This
allows the ``Malibu-Newton Canyon'' area to enjoy favorable cooling
effects of the Pacific ocean and have the warm sunny daytime
temperatures found in the adjacent interior valleys.
Nearby inland areas experience uniformly hot summer temperatures
similar to those experienced in the upper elevations on the oceanside
of the Santa Monica Mountains. However, these inland areas receive
little or no fog and much less precipitation than the oceanside regime,
according to the petitioner.
An additional distinctive aspect is an increasing amount of
precipitation with increasing elevation. The petitioner states that
upland weather stations report practically twice the mean precipitation
of the nearby lowland stations. Furthermore, the greatest monthly
precipitation during the rainy season is from 1.5 to 3.0 times as great
as that for the lowland stations. Precipitation is concentrated in the
winter months. The average annual rainfall is about 24 inches, with
approximately 12 percent occurring from the months of April to October.
The proposed area experiences typical low temperatures in the
winter time, just above freezing temperatures. Infrequent winter
freezes have been known to occur during the dormant winter growing
cycle.
In summary, the petitioner states that the proposed viticultural
area is characterized by an isolated microclimate that captures the
favorable climatic conditions necessary for premium wine grape growing.
In contrast, the petitioner states that the surrounding areas found on
the oceanside of the Santa Monica Mountains (i.e, Malibu, Oxnard, Santa
Monica) are uniformly cool and overcast. Surrounding inland areas found
on the leeside of the Santa Monica Mountains (i.e, Thousand Oaks,
Agoura, Woodland Hills) are uniformly hot and dry. The petitioner
provided a diagram illustrating the ``Malibu-Newton Canyon''
microclimate and a November 29, 1994, ``CLIMATOLOGICAL SURVEY FOR
RANCHO ESCONDIDO VINEYARDS,'' by Alan D. Fox of Fox Weather.
Physical Features
According to the petitioner, the primary distinction of the
proposed viticultural area is its unique combination of shape,
elevation, orientation and relative location to the marine influences
of the Pacific Ocean. The proposed area lies within a clearly defined
valley with a ``bowl'' shape resting high on the oceanside of the Santa
Monica Mountains. These physical features create a pocket which harbors
the distinct microclimate described above. The petitioner provided
aerial photos to illustrate these physical features.
Drainage
All of the proposed viticultural area drains into Newton Canyon
Creek, continuing to Zuma Creek which then drains into the Pacific
Ocean at Point Dume's westward beach, according to the petitioner.
Soils
As evidence of soil types, the petitioner provided a 1994 soils
study completed by Soil & Plant Laboratory, Inc., Orange, California,
in addition to ``Soils of the Malibu Area California'' published by the
Soil Conservation Service, United States Department of Agriculture.
According to this information, major soils within the proposed
viticultural area range from loam to clay loam in texture. Subsoil
texture ranges from clay loam to clay. Current plantings are mainly on
Castaic and Rincon silty clay loams and Malibu loam which are lower
elevation terrace soils that are moderately deep, with favorable
Capability Class ratings of II to IV. Steeper hillside soils (mostly
above the 1,700 foot contour line) are shallower with Capability Class
ratings ranging from IV to VIII.
Soils in the proposed viticultural area have moderate to high
inherent fertility. Soil reaction in surface soils ranges from
moderately acid to slightly alkaline. Subsoil ph varies with type and
several areas are calcareous.
According to the petitioner, soil tests performed prior to the
planting of vineyards in 1988 revealed that the topsoil found in much
of lower Newton Canyon contained crushed rock, as a result of the
construction of the nearby Kanan Dume Road tunnel, which is ideal for
good drainage.
The surrounding areas are mainly steep hillsides and mountainous
uplands with poor soil capability. These soils are usually shallower
than those found in the proposed viticultural area, and are subject to
erosion.
Proposed Boundary
The boundary of the proposed ``Malibu-Newton Canyon'' viticultural
area may be found on one United States Geological Survey map, entitled
Point Dume Quadrangle, California, 7.5 minute series, with a scale of
1:24,000.
Public Participation--Written Comments
ATF requests comments from all interested parties. Comments
received
[[Page 66538]]
on or before the closing date will be carefully considered. Comments
received after that date will be given the same consideration if it is
practical to do so. However, assurance of consideration can only be
given to comments received on or before the closing date.
ATF will not recognize any submitted material as confidential and
comments may be disclosed to the public. Any material which a commenter
considers to be confidential or inappropriate for disclosure to the
public should not be included in the comments. The name of the person
submitting a comment is not exempt from disclosure.
Comments may be submitted by facsimile transmission to (202) 927-
8602, provided the comments: (1) are legible; (2) are 8\1/2\ x 11'' in
size, (3) contain a written signature, and (4) are 3 pages or less in
length. This limitation is necessary to assure reasonable access to the
equipment. Comments sent by FAX in excess of three pages will not be
accepted. Receipt of FAX transmittals will not be acknowledged.
Facsimile transmitted comments will be treated as originals.
During the comment period, any person who desires an opportunity to
comment orally at a public hearing on the proposed regulation should
submit his or her request, in writing, to the Director within the 60-
day comment period. However, the Director reserves the right to
determine, in light of all circumstances, whether a public hearing will
be held.
Executive Order 12866
It has been determined that this proposed regulation is not a
significant regulatory action as defined by Executive Order 12866.
Accordingly, this proposal is not subject to the analysis required by
this executive order.
Regulatory Flexibility Act
It is hereby certified that this proposed regulation will not have
a significant economic impact on a substantial number of small
entities. The establishment of a viticultural area is neither an
endorsement nor approval by ATF of the quality of wine produced in the
area, but rather an identification of an area that is distinct from
surrounding areas. ATF believes that the establishment of viticultural
areas merely allows wineries to describe more accurately the origin of
their wines to consumers, and helps consumers identify the wines they
purchase. Thus, any benefit derived from the use of a viticultural area
name is the result of the proprietor's own efforts and consumer
acceptance of wines from that area.
Accordingly, a regulatory flexibility analysis is not required
because the proposal, if promulgated as a final rule, is not expected
(1) to have significant secondary, or incidental effects on a
substantial number of small entities; or (2) to impose, or otherwise
cause a significant increase in the reporting, recordkeeping, or other
compliance burdens on a substantial number of small entities.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1980, Pub. L. No.
96-511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
Part 1320, do not apply to this notice of proposed rulemaking because
no requirement to collect information is proposed.
Drafting Information
The principal author of this document is David Brokaw, Wine, Beer
and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and
Firearms.
List of Subjects in 27 CFR Part 9
Administrative practices and procedures, Consumer protection,
Viticultural areas, and Wine.
Authority and Issuance
Title 27, Code of Federal Regulations, Part 9, American
Viticultural Areas, is proposed to be amended as follows:
PART 9--AMERICAN VITICULTURAL AREAS
Par. 1. The authority citation for Part 9 continues to read as
follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
Par. 2. Subpart C is amended by adding Sec. 9.152 to read as
follows:
* * * * *
Sec. 9.152 Malibu-Newton Canyon.
(a) Name. The name of the viticultural area described in this
petition is ``Malibu-Newton Canyon.''
(b) Approved maps. The appropriate map for determining the boundary
of the Malibu-Newton Canyon viticultural area is the U.S.G.S. map,
``Point Dume Quadrangle, California'' (7.5 Minute Series 1:24,000
Topographic map, photorevised 1981).
(c) Boundary. The Malibu-Newton Canyon viticultural area is located
in Los Angeles County, California. The boundary is as follows:
(1) Beginning at the intersection of the Newton Canyon creek
(lowest elevation) and an unnamed medium duty road referred to by the
petitioner as Kanan Dume Road at the boundary of section 13 and 18 on
the U.S.G.S. map ``Point Dume Quadrangle.''
(2) Then south along Kanan Dume Road to the point where an unnamed,
unimproved dirt road referred to by the petitioner as Ramerez Mountain
Way crosses over Kanan Dume Road at the tunnel in the northwest corner
of section 19.
(3) Then east along Ramerez Mountain Way, following the southern
ridgeline of Newton Canyon, to Latigo Canyon Road in the southwest
corner of section 17.
(4) Then south along Latigo Canyon Road to an unnamed, unimproved
dirt road referred to by the petitioner as Newton Mountain Way at the
southern boundary of section 17.
(5) Then northeast along Newton Mountain Way, following the
southeastern ridgeline of Newton Canyon, to an unnamed, unimproved dirt
road referred to by the petitioner as Castro Mountain Way in section
16.
(6) Then west along Castro Mountain Way, past Castro Peak,
following the northern ridgeline of Newton Canyon to Latigo Canyon Road
in section 18.
(7) Then southwest along the natural ridgeline of Newton Canyon to
the intersection of Kanan Dume Road and the 1,600 foot contour line in
the southeastern portion of section 13.
(8) Then southeasterly along Kanan Dume Road to the beginning
point.
Signed: December 11, 1995.
Daniel R. Black,
Acting Director.
[FR Doc. 95-31169 Filed 12-21-95; 8:45 am]
BILLING CODE 4810-31-P
