Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46849 

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. 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 title 27, 

chapter 1, part 9, Code of Federal 

Regulations, 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 § 9.___ 

to read as follows: 

§ 9.___ Upper Mississippi River Valley. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Upper 

Mississippi River Valley’’. For purposes 

of part 4 of this chapter, ‘‘Upper 

Mississippi River Valley’’ is a term of 

viticultural significance. 

(b) Approved maps. The six United 

States Geological Survey topographic 

maps used to determine the boundary of 

the Upper Mississippi River Valley 

viticultural area are titled: 

(1) State of Minnesota, scale 

1:500,000; compiled in 1963; edition of 

1985; 

(2) State of Wisconsin, scale 

1:500,000; compiled in 1966; edition of 

1984; 

(3) State of Illinois, scale 1:500,000; 

compiled in 1970; edition of 1987; 

(4) State of Iowa, scale 1:500,000; 

compiled in 1965; edition of 1984; 

(5) Anamosa, Iowa, 1:100,000 scale; 

edited 1984; and 

(6) Marshalltown, Iowa, 1:100,000 

scale; edited 1984. 

(c) Boundary. The Upper Mississippi 

River Valley viticultural area is located 

in portions of southeast Minnesota, 

southwest Wisconsin, northwest 

Illinois, and northeast Iowa. The 

boundary of the Upper Mississippi 

River Valley viticultural area is as 

described below: 

(1) The beginning point is on the State 

of Minnesota map at the intersection of 

Interstate Highways 94 and 494 

(beltway), east of St. Paul at Oakbury in 

Washington County. From the beginning 

point, proceed east on Interstate 94, 

crossing over Lake St. Croix and onto 

the State of Wisconsin map at St. Croix 

County, and then continuing through 

Dunn County to Eau Claire County, to 

the intersection of Interstate Highway 94 

with Wisconsin State Highway 85, 

southwest of the City of Eau Claire; then 

(2) Proceed northeast on Wisconsin 

State Highway 85 toward the City of Eau 

Claire to its intersection with U.S. 

Highway 12; then 

(3) Proceed southeast on U.S. 

Highway 12 into Jackson County and 

passing through Clark County, to its 

intersection with Interstate Highway 94 

at Black River Falls; then 

(4) Proceed southeast on Interstate 

Highway 94 into Monroe County to its 

intersection with Interstate Highway 90, 

east of the Fort McCoy Military 

Reservation; then 

(5) Proceed southeast on Interstate 

Highway 90 through Juneau, Sauk, 

Columbia, Dane, and Rock Counties, 

crossing onto the State of Illinois map 

at Winnebago County to its intersection 

with U.S. Highway 20 at Cherry Valley; 

then 

(6) Proceed west on U.S. Highway 20 

to its intersection with Illinois State 

Highway 2, west of the Rock River; then 

(7) Proceed southwest on Illinois State 

Highway 2, passing through Ogle 

County and into Lee County, to its 

intersection with Illinois State Highway 

26 at Dixon; then 

(8) Proceed south on Illinois State 

Highway 26 to its intersection with 

Illinois State Highway 5 (which has 

been redesignated as Interstate Highway 

88 on contemporary maps of Illinois); 

then 

(9) Proceed southwest on Illinois State 

Highway 5 (Interstate Highway 88), 

passing through Whiteside County and 

into Rock Island County, to its 

intersection with Interstate Highway 80 

at Barstow; then 

(10) Proceed generally northwest on 

Interstate Highway 80, crossing the 

Mississippi River, onto the State of Iowa 

map at Scott County, and continuing 

west-northwest through Cedar County 

and into Johnson County to the 

intersection of Interstate Highways 80 

and 380 at Tiffin; then 

(11) Proceed north-northwest on 

Interstate Highway 380 into Linn 

County and Cedar Rapids on the State 

of Iowa map. Then using the Anamosa 

map, followed by the Marshalltown 

map, follow Interstate Highway 380, 

labeled ‘‘Under Construction’’ on the 

Anamosa map, northwest through 

Benton and Buchanan Counties to Black 

Hawk County, to its intersection with 

U.S. Highway 20, southeast of Waterloo 

and Raymond; then 

(12) Using the State of Iowa map, 

proceed west-northwest on U.S. 

Highway 20 to Waterloo and its 

intersection with U.S. Highway 63; then 

(13) Proceed north on U.S. Highway 

63 through Bremer, Chicksaw, and 

Howard Counties, skirting the Upper 

Iowa River at Chester, and crossing onto 

the State of Minnesota map at Fillmore 

County, to its intersection with 

Minnesota State Highway 56; then 

(14) Proceed northwest and northerly 

on Minnesota State Highway 56 through 

Mower, Dodge, and Goodhue Counties 

to Dakota County, where it joins with 

State Highway 52 on commercial maps, 

to its intersection with the Interstate 

Highway 494 (beltway), south of St. 

Paul; then 

(15) Follow Interstate Highway 494 

(beltway) northeast into Washington 

County, returning to the beginning 

point. 

Signed: June 6, 2008. 

John J. Manfreda, 

Administrator. 

Editorial Note: This document was 

received in the Office of the Federal Register 

on August 6, 2008. 

[FR Doc. E8–18535 Filed 8–11–08; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–7796] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1 percent annualchance) Flood Elevations (BFEs) and 

proposed BFE modifications for the 

communities listed in the table below. 

The purpose of this notice is to seek 

general information and comment 

regarding the proposed regulatory flood 

elevations for the reach described by the 

downstream and upstream locations in 

the table below. The BFEs and modified 

BFEs are a part of the floodplain 

management measures that the 

community is required either to adopt 

or show evidence of having in effect in 

order to qualify or remain qualified for 


yshivers on PROD1PC62 with PROPOSALS
46850 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents, and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before November 10, 2008. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are available for inspection 

at the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–7796, to 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151 or (e-mail) 

bill.blanton@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes to make 

determinations of BFEs and modified 

BFEs for each community listed below, 

in accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are the minimum that are required. 

They should not be construed to mean 

that the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

Administrative Procedure Act 

Statement. This matter is not a 

rulemaking governed by the 

Administrative Procedure Act (APA), 5 

U.S.C. 553. FEMA publishes flood 

elevation determinations for notice and 

comment; however, they are governed 

by the Flood Disaster Protection Act of 

1973, 42 U.S.C. 4105, and the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and do not fall under the 

APA. 

National Environmental Policy Act. 

This proposed rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866, as amended. 

Executive Order 13132, Federalism. 

This proposed rule involves no policies 

that have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This proposed rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

proposed to be amended as follows: 

PART 67—[AMENDED] 

1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 

Flooding source(s) Location of referenced elevation** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

Communities 

affected 

Effective Modified 

Hutchinson County, South Dakota, and Incorporated Areas 

James River .......................... Approximately 50 feet upstream of Maxwell Road ...... None +1189 Unincorporated Areas of 

Hutchinson County, 

Approximately 2,600 feet downstream of 269th Street None +1210 Town of Olivet. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for 

exact locations of all BFEs to be changed. 

Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management 

Agency, 500 C Street, SW., Washington, DC 20472. 

ADDRESSES 

Town of Olivet 

Maps are available for inspection at P.O. Box 490, Parkston, SD 57366. 

Unincorporated Areas of Hutchinson County 

Maps are available for inspection at PO Box 490, Parkston, SD 57366. 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46851 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: July 25, 2008. 

Edward L. Connor, 

Deputy Assistant Administrator for 

Insurance, Department of Homeland Security, 

Federal Emergency Management Agency. 

[FR Doc. E8–18528 Filed 8–11–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–B–7798] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1 percent annualchance) Flood Elevations (BFEs) and 

proposed BFE modifications for the 

communities listed in the table below. 

The purpose of this notice is to seek 

general information and comment 

regarding the proposed regulatory flood 

elevations for the reach described by the 

downstream and upstream locations in 

the table below. The BFEs and modified 

BFEs are a part of the floodplain 

management measures that the 

community is required either to adopt 

or show evidence of having in effect in 

order to qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents, and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before November 10, 2008. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are available for inspection 

at the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–7798, to 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151 or (e-mail) 

bill.blanton@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes to make 

determinations of BFEs and modified 

BFEs for each community listed below, 

in accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are the minimum that are required. 

They should not be construed to mean 

that the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

Administrative Procedure Act 

Statement. This matter is not a 

rulemaking governed by the 

Administrative Procedure Act (APA), 5 

U.S.C. 553. FEMA publishes flood 

elevation determinations for notice and 

comment; however, they are governed 

by the Flood Disaster Protection Act of 

1973, 42 U.S.C. 4105, and the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and do not fall under the 

APA. 

National Environmental Policy Act. 

This proposed rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866, as amended. 

Executive Order 13132, Federalism. 

This proposed rule involves no policies 

that have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This proposed rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

proposed to be amended as follows: 

PART 67—[AMENDED] 

1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 

State City/town/county Source of flooding Location ** 

* Elevation in feet (NGVD) 

+ Elevation in feet (NAVD) 

# Depth in feet above 

ground 

Existing Modified 

Town of Boxborough, Massachusetts 

Massachusetts .......... Town of Boxborough Guggins Brook .......... Approximately 1,000 feet upstream of confluence with Inch Brook.+206 +207 

*National Geodetic Vertical Datum. 


yshivers on PROD1PC62 with PROPOSALS