40644 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules

lever causes the rod end to bend at each gear contact Diamond Aircraft Industries GmbH, • Hand delivery/courier in lieu of retraction sequence. We are issuing this AD N.A. Otto-Str.5, A–2700 Wiener Neustadt, mail: Alcohol and Tobacco Tax and to detect and correct insufficient clearance Austria; telephone: +43 2622 26700; fax: +43 Trade Bureau, 1310 G Street NW., Suite between the rod end safety washer and the 2622 26780; email: [email protected]; 200E, Washington, DC 20005. nose landing gear (NLG) attachment lever, Internet: http://www.diamondaircraft.com/ See the Public Participation section of which may cause the NLG actuator to break contact/technical.php. You may review and possibly restrict rudder control, resulting copies of the referenced service information this notice for specific instructions and in loss of control. at the FAA, Small Airplane Directorate, 901 requirements for submitting comments, and for information on how to request (f) Actions and Compliance Locust, Kansas City, Missouri 64106. For information on the availability of this a public hearing. Unless already done, do the following material at the FAA, call (816) 329–4148. You may view copies of this notice, actions as specified in paragraphs (f)(1) and selected supporting materials, and any (f)(2) of this AD: Issued in Kansas City, Missouri on June 28, 2013. comments that TTB receives about this (1) Within 100 hours time-in-service after proposal at http://www.regulations.gov the effective date of this AD or 6 calendar Earl Lawrence, months after the effective date of this AD, within Docket No. TTB–2013–0007. A Manager, Small Airplane Directorate, Aircraft link to that docket is posted on the TTB whichever occurs first, inspect the NLG Certification Service. actuator to identify the part number (P/N) Web site at http://www.ttb.gov/wine/ [FR Doc. 2013–16316 Filed 7–5–13; 8:45 am] and serial number (S/N). If a NLG actuator P/ wine-rulemaking.shtml under Notice N X11–0006/2 is installed with a S/N BILLING CODE 4910–13–P No. 138. You also may view copies of between 0001 and 0155 (inclusive), modify this notice, all related petitions, maps, the actuator by replacing the NLG rod end or other supporting materials, and any bearing and safety washer with new parts. DEPARTMENT OF THE TREASURY comments that TTB receives about this Follow the INSTRUCTIONS section of Work proposal by appointment at the TTB Instruction WI–MSB–42–099, WI–MSB Alcohol and Tobacco Tax and Trade Information Resource Center, 1310 G 42NG–035, Revision 1, dated May 3, 2013, as Bureau specified in the Accomplishments/ Street NW., Washington, DC 20005. Instructions paragraph of Mandatory Service Please call 202–453–2270 to make an Bulletin MSB 42–099/1, MSB 42NG–035/1, 27 CFR Part 9 appointment. dated May 3, 2013. [Docket No. TTB–2013–0007; Notice No. FOR FURTHER INFORMATION CONTACT: (2) As of the effective date of this AD, do 138] not install on any airplane a NLG actuator P/ Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco N X11–0006/2 with a S/N between 0001 and RIN 1513–AC01 0155 (inclusive), unless the actuator has been Tax and Trade Bureau, 1310 G Street modified following the INSTRUCTIONS Proposed Establishment of the Malibu NW., Box 12, Washington, DC 20005; section of Work Instruction WI–MSB–42– Coast Viticultural Area phone 202–453–1039, ext. 175. 099, WI–MSB 42NG–035, Revision 1, dated SUPPLEMENTARY INFORMATION: May 3, 2013, as specified in the AGENCY: Alcohol and Tobacco Tax and Accomplishments/Instructions paragraph of Trade Bureau, Treasury. Background on Viticultural Areas Mandatory Service Bulletin MSB 42–099/1, MSB 42NG–035/1, dated May 3, 2013. ACTION: Notice of proposed rulemaking. TTB Authority Section 105(e) of the Federal Alcohol (g) Other FAA AD Provisions SUMMARY: The Alcohol and Tobacco Tax Administration Act (FAA Act), 27 and Trade Bureau (TTB) proposes to The following provisions also apply to this U.S.C. 205(e), authorizes the Secretary AD: establish the ‘‘Malibu Coast’’ viticultural of the Treasury to prescribe regulations (1) Alternative Methods of Compliance area in portions of Los Angeles County for the labeling of wine, distilled spirits, (AMOCs): The Manager, Standards Office, and Ventura County, California. The and malt beverages. The FAA Act FAA, has the authority to approve AMOCs proposed viticultural area, if provides that these regulations should, for this AD, if requested using the procedures established, would include the existing found in 14 CFR 39.19. Send information to among other things, prohibit consumer Saddle Rock-Malibu and Malibu- ATTN: Mike Kiesov, Aerospace Engineer, deception and the use of misleading Newton Canyon viticultural areas. TTB FAA, Small Airplane Directorate, 901 Locust, statements on labels, and ensure that designates viticultural areas to allow Room 301, Kansas City, Missouri 64106; labels provide the consumer with telephone: (816) 329–4144; fax: (816) 329– vintners to better describe the origin of adequate information as to the identity 4090; email: [email protected]. Before their wines and to allow consumers to and quality of the product. The Alcohol using any approved AMOC on any airplane better identify wines they may and Tobacco Tax and Trade Bureau to which the AMOC applies, notify your purchase. TTB invites comments on this (TTB) administers the FAA Act appropriate principal inspector (PI) in the proposed addition to its regulations. FAA Flight Standards District Office (FSDO), pursuant to section 1111(d) of the or lacking a PI, your local FSDO. DATES: We must receive your comments Homeland Security Act of 2002, (2) Airworthy Product: For any requirement on or before September 6, 2013. codified at 6 U.S.C. 531(d). The in this AD to obtain corrective actions from ADDRESSES: Please send your comments Secretary has delegated various a manufacturer or other source, use these on this notice to one of the following actions if they are FAA-approved. Corrective authorities through Treasury actions are considered FAA-approved if they addresses (please note that TTB has a Department Order 120–01 (Revised), are approved by the State of Design Authority new address for comments submitted by dated January 21, 2003, to the TTB (or their delegated agent). You are required U.S. mail): Administrator to perform the functions to assure the product is airworthy before it • Internet: http://www.regulations.gov and duties in the administration and is returned to service. (via the online comment form for this enforcement of this law. (h) Related Information notice as posted within Docket No. Part 4 of the TTB regulations (27 CFR TTB–2013–0007 at ‘‘Regulations.gov,’’ part 4) allows the establishment of Refer to MCAI European Aviation Safety the Federal e-rulemaking portal); definitive viticultural areas and the use Agency (EASA) AD No.: 2013–0121, dated • June 4, 2013, for related information, which U.S. Mail: Director, Regulations and of their names as appellations of origin can be found in the AD docket on the Rulings Division, Alcohol and Tobacco on wine labels and in wine Internet at http://www.regulations.gov. For Tax and Trade Bureau, 1310 G Street advertisements. Part 9 of the TTB service information related to this AD, NW., Box 12, Washington, DC 20005; or regulations (27 CFR part 9) sets forth

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standards for the preparation and Malibu Coast Petition According to the petition, the submission of petitions for the distinguishing features of the proposed establishment or modification of TTB received a petition from Ralph Malibu Coast viticultural area include American viticultural areas and lists the Jens Carter, proposing the establishment its topography, soils, and climate. TTB approved American viticultural areas. of the ‘‘Malibu Coast’’ American notes that the proposed Malibu Coast viticultural area in portions of Los viticultural area does not lie within any Definition Angeles and Ventura Counties in existing viticultural area. However, the Section 4.25(e)(1)(i) of the TTB southern California. The proposed smaller existing Malibu-Newton Canyon regulations (27 CFR 4.25(e)(1)(i)) defines viticultural area is a long, narrow, (27 CFR 9.152) and Saddle Rock–Malibu a viticultural area for American wine as region along the Pacific coast, and is (27 CFR 9.203) viticultural areas are a delimited grape-growing region having largely located within the Santa Monica both located within the proposed distinguishing features as described in Mountains National Recreation Area. viticultural area. The proposed part 9 of the regulations and a name and The landscape of the proposed viticultural area does not overlap with a delineated boundary as established in viticultural area is characterized by any other existing or proposed part 9 of the regulations. These steep, rugged hillsides incised by steep- viticultural areas. Unless otherwise designations allow vintners and sided valleys and long, narrow canyons noted, all information and data consumers to attribute a given quality, that empty into the Pacific Ocean. The contained in this document concerning reputation, or other characteristic of a cities of Oxnard and Camarillo are to the the name, boundary, and distinguishing wine made from grapes grown in an area west, and the city of Los Angeles is features of the proposed viticultural area to its geographic origin. The located to the east. The Simi Valley and are from the petition for the proposed establishment of viticultural areas Simi Hills are located to the north of the Malibu Coast viticultural area and its allows vintners to describe more proposed viticultural area, as well as the supporting exhibits. accurately the origin of their wines to heavily urbanized regions of Thousand Name Evidence consumers and helps consumers to Oaks, Calabasas, Greenwich Village, and identify wines they may purchase. Conejo Valley. The proposed Malibu Coast Establishment of a viticultural area is The proposed viticultural area viticultural area lies along the coast of neither an approval nor an endorsement contains approximately 44,590 acres of the Pacific Ocean and includes the city by TTB of the wine produced in that privately-owned land. There are 52 of Malibu, California. According to the area. commercially producing vineyards petition, the name ‘‘Malibu’’ may have derived from a Chumash Indian word Requirements covering approximately 198 acres within the proposed viticultural area. ‘‘(hu)mal-iwu,’’ which means, ‘‘it makes Section 4.25(e)(2) of the TTB The vineyards within the proposed a loud noise all the time over there,’’ regulations outlines the procedure for viticultural area are scattered across the referring to the sound of the surf. The proposing an American viticultural area steep sides of the mountains, valleys, word was later translated by the Spaniards into ‘‘Umalibo.’’ The present- and provides that any interested party and canyons. The steep mountain slopes day spelling of ‘‘Malibu’’ first appeared may petition TTB to establish a grape- require extra effort to cultivate, thus in 1805, in documents to establish the growing region as a viticultural area. contributing to the small size of many Rancho Topanga Malibu Sequit land Section 9.12 of the TTB regulations (27 of the vineyards. Many of the vineyards grant. Much of the proposed viticultural CFR 9.12) prescribes standards for are planted as firebreaks near private area lies within the former land grant petitions for the establishment or homes, to separate the properties from and thus takes its name from that land modification of American viticultural the surrounding native chaparral grant. areas. Such petitions must include the vegetation, which is particularly following: A search of the United States • susceptible to fire due to its thick Geological Survey (USGS) Geographic Evidence that the area within the growth and high concentration of oils. proposed viticultural area boundary is Names Information System (GNIS) nationally or locally known by the The proposed viticultural area revealed 31 entries within the proposed viticultural area name specified in the contains several State and county parks viticultural area containing the word petition; and preserves, in addition to the Federal ‘‘Malibu’’ in the name, including 6 • An explanation of the basis for lands of the Santa Monica Mountains schools, 4 parks, 2 reservoirs, a stream, defining the boundary of the proposed National Recreation Area. According to a cliff, a beach, and an airport. viticultural area; the petition, approximately 15 percent According to the petition, several tasting • A narrative description of the of the land within the proposed rooms and vineyards within the features of the proposed viticultural area viticultural area is administered by the proposed viticultural area use the word that affect viticulture, such as climate, Federal Government and approximately ‘‘Malibu’’ in their names, including geology, soils, physical features, and 22 percent is administered by the Cielo Malibu Estate, Malibu Family elevation, and that make the proposed California Department of Parks and Wines, Malibu and Vine, Bodegas viticultural area distinctive and Recreation. The acreage count of the Gomez de Malibu, Donlin Malibu distinguish it from adjacent areas publicly-owned lands is not included in Estates Vineyards, Malibu Rocky Oaks, outside the proposed viticultural area the 44,590-acre size approximation of Malibu Sanity, and Malibu Vineyards. boundary; the proposed viticultural area because According to the petition, the growers • A copy of the appropriate United publicly-owned lands are not available in the proposed viticultural area chose States Geological Survey (USGS) map(s) for commercial viticulture. However, the name ‘‘Malibu Coast’’ to emphasize showing the location of the proposed the boundaries of the proposed Malibu the region’s location along the Pacific viticultural area, with the boundary of Coast viticultural area boundaries do Ocean and the influence the ocean has the proposed viticultural area clearly not physically exclude the publicly- on the climate. The petition included drawn thereon; and owned lands because boundaries that several exhibits offered as evidence of • A detailed narrative description of would exclude those lands would be the use of the name ‘‘Malibu Coast’’ the proposed viticultural area boundary cumbersome to describe and difficult to within the region of the proposed based on USGS map markings. administer. viticultural area. One exhibit, a National

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Park Service map titled ‘‘Geology of the proposed viticultural area due to its maximum height of 3,111 feet at Santa Monica Mountains,’’ shows a fault dense urban environment, which is Sandstone Peak, in the western portion line labeled as the ‘‘Malibu Coast Fault unsuitable for commercial viticulture. of the proposed viticultural area. Small Line’’ running from west of Point Dume, Although the geographical features of steep-sided valleys and narrow, north- which is in the center of the southern Topanga State Park are similar to those south oriented canyons that empty into boundary of the proposed viticultural of the proposed viticultural area, it is the Pacific Ocean are also interspersed area, to Santa Monica Bay, at the eastern unavailable for commercial viticultural throughout the mountainsides. edge of the proposed viticultural area. due to its status as a State park. According to the petition, the steep The petition also offers as name The southern boundary of the slopes provide excellent water drainage evidence information on two businesses proposed viticultural area follows State for vineyards. Additionally, the north- in the region that incorporate ‘‘Malibu Route 1 (the Pacific Coast Highway) in south orientation of the canyons allows Coast’’ in their names: Malibu Coast a westerly direction from Topanga State cool, moist air and fog from the Pacific Animal Hospital and Malibu Coast Park to the Naval Air Weapons Station Ocean to travel deep into the proposed Nursery and Landscaping. Finally, the and Naval Base Ventura County. A viticultural area and thus contributes to petitioner submitted a list of vineyards series of narrow State and county beach the moderate temperatures within the located within the proposed viticultural parks line the coast immediately outside proposed viticultural area. area, which included a vineyard named the length of the proposed southern The slopes of the Santa Monica Malibu Coastal Vineyard. boundary and, other than Point Dume, Mountains within the proposed the land south of State Route 1 is viticultural area tilt predominately Boundary Evidence excluded from the proposed viticultural toward the south, allowing the The proposed Malibu Coast area because these public beaches are vineyards planted on the south-facing viticultural area is a long, narrow region unavailable for commercial viticulture. slopes to receive high amounts of solar located within the Santa Monica The western boundary of the radiation. The southerly orientation of Mountains along the Pacific Ocean. The proposed viticultural area runs between the slopes also exposes the vineyards to boundary of the proposed viticultural State Route 1, near the Naval Air sunlight that is reflected off the water of area approximates the boundary of the Weapons Station and Naval Base the Pacific Ocean, an effect known as a Santa Monica Mountains National Ventura County, and U.S. Highway 101 ‘‘second sun.’’ The high level of solar Recreation Area, and the proposed east of the Camarillo Airport and radiation warms the soil in the viticultural area contains approximately follows a series of roads and elevation vineyards quickly, which stimulates 44,590 acres of privately owned land contours. The regions to the west of the vine growth and fruit maturation. The that are available for commercial proposed boundary were excluded from warmed soil then slowly releases the viticulture. the proposed viticultural area because stored heat back into the air in the early The northern portion of the proposed their flat, low elevations and marshy morning, at night, and during periods of boundary roughly follows U.S. Highway coastline are topographically distinctive cloud cover, providing a source of 101 from Oxnard to the city of Los from the marine terraces and high, steep warmth to the vines during the times Angeles and separates the largely rural mountains of the proposed viticultural when the surrounding air temperature is proposed viticultural area from the area. Additionally, because most of this cool. densely populated urban areas of region is covered by military Conejo Valley, Simi Valley, and the Thousand Oaks, Calabasas Greenwich installations and the dense urban areas Simi Hills are located to the north of the Village, Conejo Valley, Simi Valley, and of Oxnard and Camarillo, there is little proposed viticultural area, and the Simi Hills. The proposed northern suitable land available for commercial elevations within these regions are boundary also divides the high, steep viticulture. generally lower than elevations within slopes of the Santa Monica Mountains the proposed Malibu Coast viticultural within the proposed viticultural area Distinguishing Features area. According to USGS maps provided from the lower elevations of Conejo The distinguishing features of the with the petition, elevations within Valley, Simi Valley, and the Simi Hills. proposed Malibu Coast viticultural area Conejo Valley and Simi Valley range Because of its distance inland and the are topography, soils, and climate. between 640 and 700 feet. Elevations sheltering effects of the Santa Monica Because the proposed viticultural area is within the Simi Hills range between Mountains, the region north of the bordered by public beaches and the 1,800 and 2,400 feet. The Simi Hills proposed viticultural area is Pacific Ocean to the south, and both have a north-south orientation, significantly less influenced by the cool, Topanga State Park and the heavily compared to the east-west orientation of moist breezes of the Pacific Ocean. urbanized city of Los Angeles to the the Santa Monica Mountains, and However, a portion of Las Virgenes east, the discussion of distinguishing therefore do not receive as much solar Canyon that extends north of U.S. features only compares the proposed radiation as the southward-facing slopes Highway 101 is included within the viticultural area with the regions to the of the proposed viticultural area. proposed viticultural area because its north and west. Although there are canyons within the terrain is similar to that of the rest of the region north of the proposed viticultural proposed viticultural area and because Topography area, the canyons do not stretch all the Las Virgenes Creek, which lies within The topography of the proposed way to the ocean and thus do not serve the Las Virgenes Canyon and empties Malibu Coast viticultural area is as conduits for the cool, moist Pacific into the Pacific Ocean, allows the characterized by the Santa Monica air and fog to reach the inland areas. marine influence to travel the length of Mountains, which are oriented along an The terrain in the region west of the the canyon. east-west axis between the cities of Los proposed viticultural area is lower and The eastern portion of the proposed Angeles, to the east, and Oxnard and flatter than the terrain of the proposed boundary follows the Los Angeles city Camarillo, to the west. The mountain viticultural area. Elevations to the west limits and the boundary of Topanga range begins as low marine terraces of the proposed viticultural area range State Park. The city of Los Angeles lies along the coastline and rapidly rises from sea level along the shore of the east of the proposed viticultural area towards the north, increasing in Pacific Ocean to approximately 200 feet border and is excluded from the steepness and elevation, with a near the city of Camarillo, as shown on

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USGS maps. The coastline of the region of alluvium and are found on level to The region to the north of the west of the proposed viticultural area is moderately steep slopes. The soils are proposed viticultural area is primarily dominated by the low, flat wetlands of described as being very deep and influenced by the inland air mass, with Mugu Lagoon and lacks the marine moderately well drained. little marine influence. Although warm terraces that characterize the coastline The regions to the west of the air rising from both Conejo Valley and of the proposed viticultural area. proposed viticultural area contain soils Simi Valley draws moist air inland from Soils of the Sulfic Fluvaquents-Camarillo- the Pacific Ocean, most of the marine air Pacheco and the Camarillo-Hueneme- is significantly drier by the time it The soils of the proposed Malibu Pacheco association. These soils are travels over the Santa Monica Coast viticultural area are derived from comprised of alluvium derived Mountains and reaches the valleys. As both volcanic parent rock and primarily from sedimentary rocks and a result, relative humidity levels within sedimentary parent rock, including are found on nearly level terrain such as the inland valleys are lower than those combinations of sandstone, slate, and flood plains and tidal flats. These soils of the proposed viticultural area, with shale. According to the petition, this are also very deep and poorly drained. humidity levels averaging 20 percent or combination of both volcanic and lower during the summer. Lower Climate sedimentary soils is unique among other humidity levels also result in less California coastal regions, which The climate of the proposed Malibu rainfall in the inland valleys, with the generally lack volcanic soils. Coast viticultural area is influenced by weather station at Canoga Park Seventy-five percent of the soils air masses over both the Pacific Ocean averaging only 16.47 inches of rain a within the proposed viticultural area are and the inland valleys to the north of year. Because the Pacific air has also of four soil associations: Cotharin- the proposed viticultural area. During warmed by the time it reaches the Talepop-Rock Outcrop; Mipolomol- the afternoon, the warm air of the inland inland valleys, temperatures are hotter Topanga-Sapwi; Chumash-Malibu- valleys rises. As the warm air rises, it in the region north of the proposed Boades; and Zumaridge-Rock Outcrop- pulls cool, moist air from the ocean viticultural area. The Canoga Park Kawenga. Soils of the Cotharin-Talepop- along the canyons and up the weather station recorded an average of Rock Outcrop association derive from mountainsides of the proposed 5,176 GDD units, placing the area in the volcanic rocks. The Mipolomol- viticultural area. These moist breezes very warm Region V category. Topanga-Sapwi, Chumash-Malibu- raise the relative humidity levels within Boades, and Zumaridge-Rock Outcrop- The region to the west of the proposed the proposed viticultural area to about viticultural area shares a similar climate Kawenga associations all have soils that 50 percent during the summer. The are derived from sedimentary sources. with the lower coastal elevations of the moisture in the air reduces heat stress proposed Malibu Coast viticultural area. All four of the soil associations are on the vineyards. At night, the breezes described as shallow, well drained soils However, because much of the land is change direction as the relatively commonly found on steep slopes. either within the dense urban areas of warmer air over the ocean rises and Shallow soils prevent overly vigorous Oxnard and Camarillo or reserved for pulls the cooler, drier nighttime air from vine growth and produce a thinner leaf military purposes, it is generally the inland valleys into the proposed canopy that allows sunlight to reach the unsuitable for commercial viticulture. viticultural area. The dry nighttime fruit. In humid regions such as the breezes help remove excess moisture Comparison of the Proposed Malibu proposed viticultural area, mildew and from the vines and fruit and reduce the Coast Viticultural Area to the Existing rot can form on fruit that is too shaded growth of mildew. Malibu-Newton Canyon and Saddle by the leaf canopy. Well drained soils The proposed Malibu Coast Rock-Malibu Viticultural Areas are beneficial to viticulture because viticultural area has moderate growing water does not accumulate long enough season temperatures. Growing degree Malibu-Newton Canyon Viticultural to lead to root rot or mildew. 1 Area The petition states that continuous day (GDD) accumulations gathered human habitation within the Santa within the proposed viticultural area The Malibu-Newton Canyon Monica Mountains of the proposed between 2005 and 2009 show that the viticultural area was established by T.D. viticultural area has altered the nutrient proposed viticultural area receives ATF–375, which published in the content of the soils. Humans have between approximately 2,500 and 3,000 Federal Register on June 13, 1996 (61 inhabited the mountains for GDD units annually. This data FR 29949). It is a bowl-shaped valley approximately 8,000 years, and large categorizes the proposed viticultural located high on the south-facing side of villages have been common throughout area as a Region II or low Region III the Santa Monica Mountains in Los that time. The large number of bones climate on the Winkler scale. Angeles County, California. The floor of and shells deposited in waste pits by the Rainfall within the proposed the valley has an elevation of inhabitants throughout the ages has viticultural area varies depending on approximately 1,400 feet, with raised the level of calcium and elevation. Along the coastline and the elevations at the rim of the valley phosphorus in the soils to higher levels lower marine terraces, rainfall averages ranging from 1,800 to 2,000 feet along than in the surrounding regions, 12 to 16 inches annually. At higher the southern rim to 2,100 to 2,800 feet according to the United States elevations within the proposed along the northern rim. Although the Department of Agriculture’s 2006 viticultural area, rainfall may be as high viticultural area is located within a edition of the ‘‘Soil Survey of the Santa as 30 inches annually. valley, the terrain of the valley floor Monica Mountains National Recreation includes rolling hills and very few 1 In the Winkler climate classification system, Area.’’ Both calcium and phosphorus annual heat accumulation during the growing expanses of level ground. According to are important nutrients for vine growth season, measured in annual GDD, defines climatic the Web site of the single vineyard and fruit development. regions. One GDD accumulates for each degree within the Malibu-Newton Canyon The region located to the north of the Fahrenheit that a day’s mean temperature is above viticultural area, Rosenthal Estates, the 50 degrees, the minimum temperature required for proposed viticultural area contains soils grapevine growth (‘‘General Viticulture,’’ by Albert vines are all planted on the slopes of of the Rincon-Huerhuero-Azule J. Winkler, University of California Press, 1974, these rolling hills and the walls of the association. These soils are comprised pages 61–64). valley to ensure the optimal soil and

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drainage conditions for viticulture (see both the bowl shape and the high regulatory text published at the end of www.rosenthalestatewines.com) elevation of the Malibu-Newton Canyon this notice. T.D. ATF–375 described the Malibu- viticultural area shield it from much of Maps Newton Canyon viticultural area as a the marine fog, which is more common microclimate within the larger Santa along the lower slopes and within the The petitioner provided the required Monica Mountains. The southern rim of long, narrow, north-south ranging maps, and TTB lists them below in the the valley is high enough to block the canyons within the proposed Malibu proposed regulatory text. heaviest marine fogs from entering the Coast viticultural area. Impact on Current Wine Labels viticultural area, but low enough to allow some of the cooling breezes into Saddle Rock-Malibu Viticultural Area Part 4 of the TTB regulations prohibits any label reference on a wine that the canyon. The climate within the The Saddle Rock-Malibu viticultural indicates or implies an origin other than viticultural area is described as warm area was established by T.D. TTB–52, the wine’s true place of origin. If TTB and sunny, with summer temperatures which published in the Federal Register establishes this proposed viticultural frequently exceeding 80 degrees on July 17, 2006 (71 FR 40397). The area, its name, ‘‘Malibu Coast,’’ will be Fahrenheit. Light fog is often present in viticultural area is described as a valley recognized as a name of viticultural the evenings and early mornings, as in the higher elevations of the Santa significance under 27 CFR 4.39(i)(3). cooler air from higher elevations settles Monica Mountains in Los Angeles into the canyon. Rainfall averages The text of the proposed regulation County, California. Elevations within clarifies this point. Consequently, wine approximately 24 inches annually. Soils the Saddle Rock-Malibu viticultural area within the Malibu-Newton Canyon bottlers using ‘‘Malibu Coast’’ in a brand range from 1,700 to 2,236 feet. name, including a trademark, or in viticultural area are described as a According to T.D. TTB–52, the mixture of loam, clay, and silt and are another label reference as to the origin viticultural area is on the north-facing of the wine, would have to ensure that moderately deep and moderately to leeward side of the crest of the Santa highly fertile. the product is eligible to use the Monica Mountains, which limits the viticultural area’s full name as an The proposed Malibu Coast extent of the cooling marine influence viticultural area, if approved, would appellation of origin. and marine fog. As a result, the climate The approval of the proposed Malibu include the Malibu-Newton Canyon is warm and dry, with an average of viticultural area. Both the proposed and Coast viticultural area would not affect 4,000 GDD units. The soils are described any existing viticultural area, and any existing viticultural areas share several as a mixture of clay and loam that is characteristics which affect viticulture. bottlers using ‘‘Saddle Rock-Malibu’’ or well drained. Both the Malibu-Newton Canyon ‘‘Malibu-Newton Canyon’’ as an viticultural area and most of the slopes The proposed Malibu Coast appellation of origin or in a brand name of the proposed Malibu Coast viticultural area, if approved, would for wines made from grapes grown viticultural area face south, exposing include the Saddle Rock-Malibu within the Saddle Rock-Malibu or both regions to high amounts of solar viticultural area. Both the proposed and Malibu-Newton Canyon viticultural radiation that promote efficient existing viticultural areas share several areas would not be affected by the photosynthesis in grapevines. The characteristics, including high establishment of this new viticultural amounts of average annual rainfall elevations, well-drained soils, and warm area. The establishment of the Malibu within the Malibu-Newton Canyon temperatures. However, the Saddle Coast viticultural area would allow viticultural area and the proposed Rock-Malibu viticultural area also has vintners to use ‘‘Malibu Coast’’ or viticultural area fall within the same features that distinguish it from the ‘‘Saddle Rock-Malibu’’ as appellations range of precipitation. Additionally, surrounding proposed Malibu Coast of origin for wines made from grapes T.D. ATF–375 states that the soils of the viticultural area. The Saddle Rock- grown within the Saddle Rock-Malibu Malibu-Newton Canyon are calcareous, Malibu viticultural area is in a sheltered viticultural area if the wines meet the meaning they contain high levels of location on the leeward side of the eligibility requirements for the calcium, which is a characteristic of the ridgeline, which blocks most of the cool, appellation. Additionally, vintners soils of the proposed Malibu Coast moist marine influence and produces a would be allowed to use ‘‘Malibu Coast’’ viticultural area. Calcium plays an microclimate that is warmer than the or ‘‘Malibu-Newton Canyon’’ as important role in the development of average climate of the proposed Malibu appellations of origin for wines made grape clusters. Finally, the vineyards Coast viticultural area. Additionally, the from grapes grown within the Malibu- within the Malibu-Newton Canyon Saddle Rock-Malibu viticultural area is Newton Canyon viticultural area if the viticultural area are planted on sloping a single valley that contrasts with the wines meet the eligibility requirements hillsides, as are most of the vineyards in steep mountain landscape that for the appellation. the proposed Malibu Coast viticultural dominates the proposed Malibu Coast For a wine to be labeled with a area, and therefore require similar viticultural area, although the proposed viticultural area name or with a brand cultivation techniques. viticultural area does contain several name that includes a viticultural area The Malibu-Newton Canyon other canyons and high valleys. name, at least 85 percent of the wine must be derived from grapes grown viticultural area also has some unique TTB Determination features that distinguish it from the within the area represented by that surrounding proposed Malibu Coast TTB concludes that the petition to name, and the wine must meet the other viticultural area. The Malibu-Newton establish the 44,590-acre Malibu Coast conditions listed in 27 CFR 4.25(e)(3). If Canyon viticultural area is a single viticultural area merits consideration the wine is not eligible for labeling with bowl-shaped valley, whereas the and public comment, as invited in this a viticultural area name and that name proposed Malibu Coast viticultural area notice. appears in the brand name, then the encompasses an entire mountain range label is not in compliance and the Boundary Description characterized by marine terraces and bottler must change the brand name and steep slopes, although other steep-sided See the narrative boundary obtain approval of a new label. canyons and valleys do exist within the description of the petitioned-for Similarly, if the viticultural area name proposed viticultural area. Additionally, viticultural area in the proposed appears in another reference on the

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label in a misleading manner, the bottler rulemaking.shtml. Supplemental files Regulations.gov search page at http:// would have to obtain approval of a new may be attached to comments submitted www.regulations.gov. label. via Regulations.gov. For complete All posted comments will display the Different rules apply if a wine has a instructions on how to use commenter’s name, organization (if brand name containing a viticultural Regulations.gov, visit the site and click any), city, and State, and, in the case of area name that was used as a brand on the ‘‘Help’’ tab at the top of the page. mailed comments, all address • name on a label approved before July 7, U.S. Mail: You may send comments information, including email addresses. 1986. See 27 CFR 4.39(i)(2) for details. via postal mail to the Director, TTB may omit voluminous attachments Public Participation Regulations and Rulings Division, or material that the Bureau considers Alcohol and Tobacco Tax and Trade unsuitable for posting. Comments Invited Bureau, 1310 G Street NW., Box 12, Washington, DC 20005. You may also view copies of this TTB invites comments from interested notice, all related petitions, maps and • Hand Delivery/Courier: You may members of the public on whether it other supporting materials, and any hand-carry your comments or have them should establish the proposed Malibu electronic or mailed comments that TTB hand-carried to the Alcohol and Coast viticultural area. TTB is also receives about this proposal by Tobacco Tax and Trade Bureau, 1310 G interested in receiving comments on the appointment at the TTB Information Street NW., Suite 200E, Washington, DC sufficiency and accuracy of the name, Resource Center, 1310 G Street NW., 20005. boundary, topography, soils, climate, Washington, DC 20005. You may also Please submit your comments by the and other required information obtain copies at 20 cents per 8.5- x 11- closing date shown above in this notice. submitted in support of the petition. In inch page. Contact TTB’s information Your comments must reference Notice addition, TTB is interested in comments specialist at the above address or by No. 138 and include your name and on whether the geographic features of telephone at 202–453–2270 to schedule mailing address. Your comments also the existing Saddle Rock-Malibu and an appointment or to request copies of must be made in English, be legible, and Malibu-Newton Canyon viticultural comments or other materials. areas are so distinguishable from those be written in language acceptable for of the proposed Malibu Coast public disclosure. TTB does not Regulatory Flexibility Act viticultural area that either or both of acknowledge receipt of comments, and TTB certifies that this proposed the existing viticultural areas should not TTB considers all comments as regulation, if adopted, would not have be part of the proposed viticultural area. originals. a significant economic impact on a Please provide any available specific If you are commenting on behalf of an substantial number of small entities. information in support of your association, business, or other entity, The proposed regulation imposes no comments. your comment must include the entity’s new reporting, recordkeeping, or other Because of the potential impact of the name as well as your name and position administrative requirement. Any benefit establishment of the proposed Malibu title. If you comment via derived from the use of a viticultural Coast viticultural area on wine labels Regulations.gov, please enter the area name would be the result of a that include the term ‘‘Malibu Coast’’ as entity’s name in the ‘‘Organization’’ proprietor’s efforts and consumer discussed above under Impact on blank of the online comment form. If acceptance of wines from that area. Current Wine Labels, TTB is you comment via postal mail or hand Therefore, no regulatory flexibility particularly interested in comments delivery/courier, please submit your analysis is required. regarding whether there will be a entity’s comment on letterhead. conflict between the proposed area You may also write to the Executive Order 12866 name and currently used brand names. Administrator before the comment If a commenter believes that a conflict closing date to ask for a public hearing. This proposed rule is not a significant will arise, the comment should describe The Administrator reserves the right to regulatory action as defined by the nature of that conflict, including any determine whether to hold a public Executive Order 12866. Therefore, no anticipated negative economic impact hearing. regulatory assessment is required. that approval of the proposed Confidentiality Drafting Information viticultural area will have on an existing viticultural enterprise. TTB is also All submitted comments and Karen A. Thornton of the Regulations interested in receiving suggestions for attachments are part of the public record and Rulings Division drafted this ways to avoid conflicts, for example, by and subject to disclosure. Do not proposed rule. adopting a modified or different name enclose any material in your comments for the viticultural area. that you consider to be confidential or List of Subjects in 27 CFR Part 9 inappropriate for public disclosure. Submitting Comments Wine. Public Disclosure You may submit comments on this Proposed Regulatory Amendment notice by using one of the following On the Federal e-rulemaking portal, three methods: Regulations.gov, TTB will post, and you For the reasons discussed in the • Federal e-Rulemaking Portal: You may view, copies of this notice, selected preamble, TTB proposes to amend title may send comments via the online supporting materials, and any electronic 27, chapter I, part 9, Code of Federal comment form posted with this notice or mailed comments TTB receives about Regulations, as follows: within Docket No. TTB–2013–0007 on this proposal. A direct link to that PART 9—AMERICAN VITICULTURAL ‘‘Regulations.gov,’’ the Federal docket is available on the TTB Web site AREAS e-rulemaking portal, at http:// at http://www.ttb.gov/wine/wine- www.regulations.gov. A direct link to rulemaking.shtml under Notice No. 138. ■ that docket is available under Notice You may also reach the docket 1. The authority citation for part 9 No. 138 on the TTB Web site at containing this notice and the posted continues to read as follows: http://www.ttb.gov/wine/wine- comments received on it through the Authority: 27 U.S.C. 205.

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Subpart C—Approved American intermittent creek located within intersection with a second unnamed Viticultural Areas Walnut Canyon (near the Zuma Fire intermittent stream; then Station); then (16) Proceed westerly (downstream) ■ 2. Subpart C is amended by adding (5) Proceed southeasterly ____ along the unnamed intermittent stream §9. to read as follows: (downstream) along the unnamed approximately 0.75 mile to the stream’s §9.lll Malibu Coast. intermittent creek located within intersection with an unnamed medium- Walnut Canyon to the Pacific Ocean’s duty road known locally as Camarillo (a) Name. The name of the viticultural shoreline; then Street; then area described in this section is ‘‘Malibu (6) Proceed southwesterly along the (17) Proceed northerly on Camarillo Coast’’. For purposes of part 4 of this Pacific Ocean shoreline approximately chapter, ‘‘Malibu Coast’’ is a term of Street approximately 0.7 mile to the 1.5 miles to Point Dume and then street’s intersection with an unnamed viticultural significance. continue northwesterly along the Pacific (b) Approved maps. The 10 United light-duty road at the south-bank levee Ocean shoreline approximately 1.3 for Calleguas Creek; then States Geological Survey 1:24,000 scale miles to the mouth of an unnamed topographic maps used to determine the (18) Proceed easterly on the unnamed intermittent stream; then light-duty road approximately 0.9 mile boundary of the Malibu Coast (7) Proceed northeasterly along the viticultural area are titled: to the road’s intersection with the 100- unnamed intermittent stream (upstream) foot elevation line; then (1) Canoga Park, Calif., 1953; approximately 0.35 mile to the stream’s photorevised 1967; (19) Proceed initially westerly and intersection with State Route 1 (at BM then continue easterly and then (2) Topanga, CA, 1991; 30); then (3) Malibu Beach, CA, 1995; northerly along the meandering 100-foot (8) Proceed westerly on State Route 1 elevation line, crossing back and forth (4) Point Dume, CA, 1995; approximately 17.4 miles, crossing onto (5) Triunfo Pass, CA, 1994; between the Camarillo map and the the Triunfo Pass map and then the Point Newbury Park map, to the 100-foot (6) Point Mugu, Calif., 1949; Mugu map, to the road’s intersection photorevised 1967; photoinspected elevation line’s intersection with the with an unnamed light-duty road T1N/T2N boundary line near Conejo 1974; known locally as Calleguas Creek Road; (7) Carmarillo, Calif., 1950; Creek on the Newbury Park map; then then (20) Proceed east along the T1N/T2N photorevised 1967; (9) Proceed north-northeasterly boundary line approximately 0.7 mile to (8) Newbury Park, Calif., 1950; approximately 1.2 miles on Calleguas its intersection with U.S. Highway 101 photorevised 1967; Creek Road, crossing onto the Camarillo (Ventura Boulevard); then (9) Thousand Oaks, Calif., 1950; map, to the road’s intersection with an (21) Proceed easterly on U.S. Highway photorevised 1981; unnamed, unimproved road known 101 approximately 1.8 miles to the (10) Calabasas, Calif., 1952; locally as Caryl Drive; then photorevised 1967; (10) Encircle an unnamed 350-foot highway’s intersection with Conejo (c) Boundary. The Malibu Coast hill by proceeding westerly on Caryl Road (known locally as Old Conejo viticultural area is located in Los Drive approximately 0.2 mile to the Road); then Angeles and Ventura Counties, road’s intersection with an unnamed, (22) Proceed southerly and then California. The boundary of the Malibu unimproved road, then continuing on easterly on Conejo Road approximately Coast viticultural area is as follows: that unnamed, unimproved road around 0.75 mile to the road’s intersection with (1) The beginning point is on the the hill in a clock-wise direction for Borchard Road (also known locally as N. Canoga Park map beside Mulholland approximately 0.8 mile until the road Reino Road); then Drive at the 1,126-foot benchmark (BM intersects again with Caryl Drive; then (23) Proceed southerly on Borchard 1126), located on the marked Los (11) Proceed easterly on Caryl Drive Road (also known locally as N. Reino Angeles city boundary and the northern approximately 0.55 mile to the road’s Drive) approximately 0.9 mile to the boundary of section 24, T1N/R17W. intersection with an unnamed, point where Borchard Road (N. Reino From the beginning point, proceed east- unimproved road at Broome Ranch; Road) turns eastward, and then continue southeasterly along the Los Angeles city then easterly on Borchard Road boundary approximately 3.25 miles to (12) Proceed easterly on the unnamed, approximately 1.75 miles to Borchard the marked 1,718-foot elevation point; unimproved road approximately 0.2 Road’s intersection with U.S. Highway then mile to the road’s intersection with the 101 (Ventura Boulevard); then (2) Proceed south-southwesterly along 80-foot elevation line; then (24) Proceed easterly on U.S. Highway the Los Angeles city boundary (13) Proceed initially northeasterly 101 (Ventura Boulevard/Freeway) approximately 4.35 miles, crossing onto along the meandering 80-foot elevation approximately 5 miles, crossing onto the the Topanga map, to the northeast line, and then continue to follow the Thousand Oaks map, to the highway’s corner of section 19, T1S/R16W; then meandering 80-foot elevation line sixth and last intersection with the 920- (3) Proceed east-southeasterly along westerly, then northeasterly to its foot elevation line in section 14, T1N/ the Los Angeles city boundary intersection with West Potrero Road R19W (approximately 0.2 mile west of approximately 1.7 miles to the point (near Camarillo State Hospital, now the the intersection of U.S. Highway 101 east of Topanga Canyon where the city site of California State University and an unnamed road known locally as boundary turns south, and then Channel Islands); then Hampshire Road); then continue southerly along the city (14) Proceed easterly on West Potrero (25) Proceed southerly and then boundary approximately 1.9 miles to the Road approximately 0.5 mile to the southwesterly along the meandering boundary’s intersection with State road’s third intersection with the 200- 920-foot elevation line to its intersection Route 1 (the Pacific Coast Highway); foot elevation; then with an unnamed medium-duty road then (15) Proceed northerly along the 200- known locally as E. Potrero Road, (4) Proceed westerly on State Route 1, foot elevation line approximately 0.75 section 27, T1N/R19W; then crossing onto the Malibu Beach map mile, crossing over an unnamed (26) Proceed easterly on E. Potrero and then the Point Dume map, to the intermittent creek in Long Grade Road approximately 0.55 mile to its road’s intersection with the unnamed Canyon, to the elevation line’s intersection with an unnamed heavy-

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duty road known locally as Westlake (37) Proceed south along the Los Folder’’ on the line associated with this Boulevard, section 26, T1N/R19W; then Angeles city boundary approximately rulemaking. You may also visit the (27) Proceed northeasterly on 0.2 mile, then east-northeasterly Docket Management Facility in Room Westlake Boulevard approximately 0.4 approximately 0.2 mile, and then W12–140 on the ground floor of the mile to the road’s second intersection southeasterly approximately 0.9 mile to Department of Transportation West with the 900-foot elevation line, section the city boundary’s intersection with the Building, 1200 New Jersey Avenue SE., 26, T1N/R19W; then northern boundary of section 26, T1N/ Washington, DC 20590, between 9 a.m. (28) Proceed easterly along the 900- R17W; then and 5 p.m., Monday through Friday, foot elevation line, crossing the Los (38) Proceed east-northeasterly along except Federal holidays. Angeles County-Ventura County the Los Angeles city boundary You may submit comments, identified boundary, to the elevation line’s approximately 0.3 mile, and then by docket number, using any one of the intersection with the boundary of the continue easterly along the city following methods: Las Virgenes Land Grant (concurrent at boundary approximately 0.5 mile, (1) Federal eRulemaking Portal: this point with the northern boundary of crossing onto the Canoga Park map, and http://www.regulations.gov. section 31, T1N/R18W); then returning to the beginning point. (2) Fax: (202) 493–2251. (29) Proceed northeasterly along the (3) Mail or Delivery: Docket Las Virgenes Land Grant boundary Signed: June 24, 2013. Management Facility (M–30), U.S. approximately 0.3 mile, crossing John J. Manfreda, Department of Transportation, West Triunfo Canyon, to the boundary’s Administrator. Building Ground Floor, Room W12–140, intersection with the 1,000-foot [FR Doc. 2013–15876 Filed 7–5–13; 8:45 am] 1200 New Jersey Avenue SE., elevation line; then BILLING CODE 4810–31–P Washington, DC 20590–0001. Deliveries (30) Proceed westerly and then east- accepted between 9 a.m. and 5 p.m., northeasterly along the 1,000-foot Monday through Friday, except federal elevation line to the line’s intersection DEPARTMENT OF HOMELAND holidays. The telephone number is 202– with the Las Virgenes Land Grant SECURITY 366–9329. See the ‘‘Public Participation boundary, and then continue and Request for Comments’’ portion of northeasterly along the Las Virgenes Coast Guard the SUPPLEMENTARY INFORMATION section Land Grant boundary approximately 0.2 below for further instructions on mile to the boundary’s intersection with 33 CFR Part 165 submitting comments. To avoid U.S. Highway 101 (Ventura Freeway); [Docket No. USCG–2011–0322] duplication, please use only one of then these three methods. (31) Proceed easterly on U.S. Highway RIN 1625–AA11 FOR FURTHER INFORMATION CONTACT: If 101 (Ventura Freeway) approximately Regulated Navigation Area; Special you have questions on this rule, call or 5.7 miles, crossing onto the Calabasas email Mr. John J. Mauro, Waterways map, to the highway’s intersection with Buzzards Bay Vessel Regulation, Buzzards Bay, MA Management Division, U.S. Coast Guard the northern boundary of section 30, First District, (617) 223–8355, email T1N/R17, near Brents Junction; then AGENCY: Coast Guard, DHS. [email protected]. If you have (32) Proceed west along the northern ACTION: questions on viewing or submitting boundary of section 30, T1N/R17W Advance notice of proposed rulemaking. material to the docket, call Barbara approximately 0.5 mile to its Hairston, Program Manager, Docket intersection with the 1,000-foot SUMMARY: The Coast Guard is seeking Operations, telephone (202) 366–9826. elevation line; then comments and feedback on how best to SUPPLEMENTARY INFORMATION: (33) Proceed northerly, southerly, and enhance environmental protections and easterly along the meandering 1,000-foot navigation safety outlined in the Special Table of Acronyms elevation line, encompassing portions of Buzzards Bay regulations. Specifically, AIS Automatic Identification System Las Virgenes, East Las Virgenes, and the Coast Guard is seeking comments ANPRM Advanced Notice of Proposed Gates Canyons, to the elevation line’s related to potential modifications of the Rulemaking intersection with the western boundary current mandatory pilotage, escort tug, AWO American Waterways Operators COTP Captain of the Port of section 21, T1N/R17W; then and Vessel Movement Reporting System (34) Proceed north along the western DHS Department of Homeland Security (VMRS) Buzzards Bay requirements. FR Federal Register boundaries of sections 21 and 16, T1N/ The Coast Guard intends to use this R17W, to the section line’s intersection MOSPA Massachusetts Oil Spill Prevention input to propose new requirements on and Response Act with the Los Angeles County-Ventura barges carrying 5,000 or more barrels of RCP Responsible Carrier Program County boundary line; then oil or other hazardous material. RNA Regulated Navigation Area (35) Proceed east along the Los RA Technical Risk Assessment DATES: Angeles County-Ventura County Comments and related material VMRS Vessel Movement Reporting System boundary line approximately 0.45 mile, must be received by the Coast Guard on and then proceed north along the or before October 7, 2013. A. Executive Summary county boundary line approximately 0.1 Requests for public meetings must be Having weighed sometimes mile to the county boundary’s received by the Coast Guard on or before competing, but fundamentally intersection with Long Valley Road; July 29, 2013. important goals of environmental then ADDRESSES: Documents mentioned in protection, concerns of the local (36) Proceed east-southeasterly on this preamble are part of Docket Number community, judicious use of public Long Valley Road approximately 1.7 USCG–2011–0322. To view documents funds, restrained exercise of miles to the road’s intersection with the mentioned in this preamble as being governmental regulation, facilitation of Los Angeles city boundary available in the docket, go to http:// maritime commerce, and the (approximately 0.1 mile north of U.S. www.regulations.gov, type the docket standardization of safety regulations to Highway 101 (Ventura Freeway)), number in the ‘‘SEARCH’’ box and click avoid the fragmentation of regulatory section 23, T1N/R17W; then ‘‘SEARCH.’’ Click on ‘‘Open Docket regimes as a vessel transits across State

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