46842 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

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.___ Lake Chelan. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Lake 

Chelan’’. For purposes of part 4 of this 

chapter, ‘‘Lake Chelan’’ and ‘‘Chelan’’

are terms of viticultural significance. 

(b) Approved maps. The five United 

States Geological Survey 1:24,000 scale 

topographic maps used to determine the 

boundary of the Lake Chelan viticultural 

area are titled: 

(1) Manson Quadrangle, 

Washington—Chelan Co., 1968, 

photorevised 1987; 

(2) Cooper Ridge Quadrangle—

Washington, 1968, photorevised 1987; 

(3) Chelan Quadrangle—Washington, 

1968, photorevised 1987; 

(4) Chelan Falls Quadrangle—

Washington, 1968, photorevised 1981; 

and 

(5) Winesap Quadrangle—

Washington, 1968, photorevised 1987. 

(c) Boundary. The Lake Chelan 

viticultural area is located in Chelan 

County, Washington. The boundary of 

the Lake Chelan viticultural area is as 

described below: 

(1) The beginning point is on the 

Manson map at the intersection of the 

east shore of Lake Chelan and the north 

boundary line of section 15, T28N/ 

R21E, north of Greens Landing. From 

the beginning point, proceed straight 

east 1.6 miles along the northern 

boundary line of sections 15 and 4 to its 

intersection with the 2,000-foot 

elevation line, T28N/R21E; then 

(2) Follow the meandering 2,000-foot 

elevation line generally southeast onto 

the Cooper Ridge map, crossing 

Purtterman Gulch; continue southeast 

onto the Chelan map and follow the 

meandering 2,000-foot elevation line 

onto the Chelan Falls map, over the 

Cagle Gulch, and then return to the 

Chelan map; continue generally 

southeast onto the Chelan Falls map and 

follow the 2,000-foot elevation line to 

section 8, T27N/R23E, to a point 0.3 

mile due north of BM 1404 at the 

intersection of U.S. Route 97 and State 

Route 151, T27N/ R23E; then 

(3) Proceed in a straight southsoutheast line 1.35 miles to its 

intersection with the section 20 north 

boundary line and the 1,000-foot 

elevation line, T27N/R23E; then 

(4) Proceed south-southwest along the 

1,000-foot contour line to its 

intersection with the section 20 south 

boundary line, south of Chelan Station 

and immediately west of State Route 

151, T27N/R23E; then 

(5) Proceed straight west along the 

south boundary line of sections 20 and 

19 for 0.75 mile to its intersection with 

the light-duty Gorge Road, as identified 

on the adjoining Chelan map, and the 

penstock flowing to the surge tank, 

T27N/R23E; then 

(6) Proceed northwest along Gorge 

Road, crossing onto the Chelan map, to 

the southeast corner of section 13, 

T27N/R22E; then 

(7) Proceed straight west along the 

south boundary line of sections 13, 14, 

15, 16, 17, and 18, and crossing onto the 

Winesap map in section 18, to its 

intersection with the R21E/R22E line, 

T27N; then 

(8) Proceed straight north along the 

R21E/R22E line to its intersection with 

the south boundary line of section 13 

and the 2,440-foot contour line, T27N/ 

R21E; then 

(9) Proceed straight west to the 

southwest corner of section 13, T27N/ 

R21E; then 

(10) Proceed straight north along the 

section 14 east boundary line to the 

northeast corner of section 14, T27N/ 

R21E; then 

(11) Proceed straight west along the 

section 14 north boundary line to the 

northwest corner of section 14, T27N/ 

R21E; then 

(12) Proceed straight north along the 

east boundary line of section 10 for 0.3 

mile to its intersection with the 2,520- 

foot contour line and a 90-degree turn 

in the Wenatchee National Forest (WNF) 

boundary line, T27N/R21E; then 

(13) Proceed straight west along the 

WNF boundary line 0.3 mile to its 

intersection with the 2,600-foot contour 

line and a 90-degree turn in the WNF 

boundary line, T27N/R21E; then 

(14) Proceed straight south along the 

WNF boundary line 0.3 mile to its 

intersection with the south boundary 

line of section 10, T27N/R21E; then 

(15) Proceed straight west along the 

south boundary lines of sections 10 and 

9 to the southeast corner of section 8, 

T27N/R21E; then 

(16) Proceed straight north along the 

east boundary line of section 8 to the 

northeast corner of section 8, T27N/ 

R21E; then 

(17) Proceed straight west along the 

north boundary line of section 8 to the 

northwest corner of section 8, T27N/ 

R21E; then 

(18) Proceed generally north along the 

east boundary line of section 6, crossing 

onto the Manson map, and continue 

along the east boundary lines of sections 

31 and 30, to the northeast corner of 

section 30, T28N/R21E; then 

(19) Proceed straight east along the 

north boundary lines of sections 29 and 

28 to the intersection with the east 

shoreline of Lake Chelan; and 

(20) Proceed generally northwest and 

northeast along the east shoreline of 

Lake Chelan to the point of beginning. 

Signed: July 8, 2008. 

John J. Manfreda, 

Administrator. 

[FR Doc. E8–18534 Filed 8–11–08; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Notice No. 88; Docket No. TTB–2008–0007] 

RIN 1513–AB40 

Proposed Establishment of the Upper 

Mississippi River Valley Viticultural 

Area (2007R–055P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau proposes to establish 

the 29,914-square mile ‘‘Upper 

Mississippi River Valley’’ American 

viticultural area in portions of southeast 

Minnesota, southwest Wisconsin, 

northwest Illinois, and northeast Iowa. 

We designate viticultural areas to allow 

vintners to better describe the origin of 

their wines and to allow consumers to 

better identify wines they may 

purchase. We invite comments on this 

proposed addition to our regulations. 

DATES: We must receive written 

comments on or before October 14, 

2008. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this notice as 

posted within Docket No. TTB–2008–

0007 at ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal); or 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46843 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

selected supporting materials, and any 

comments we receive about this 

proposal at http://www.regulations.gov 

within Docket No. TTB–2008–0007. A 

link to that docket is posted on the TTB 

Web site at http://www.ttb.gov/wine/ 

wine_rulemaking.shtml under Notice 

No. 88. You also may view copies of this 

notice, all related petitions, maps and 

other supporting materials, and any 

comments we receive about this 

proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street, NW., Washington, DC 20220. 

Please call 202–927–2400 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: N.A. 

Sutton, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 925 Lakeville St., No. 

158, Petaluma, CA 94952; telephone 

415–271–1254. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

requires that these regulations, among 

other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the regulations 

promulgated under the FAA Act. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

of the regulations. These designations 

allow vintners and consumers to 

attribute a given quality, reputation, or 

other characteristic of a wine made from 

grapes grown in an area to its 

geographical origin. The establishment 

of viticultural areas allows vintners to 

describe more accurately the origin of 

their wines to consumers and helps 

consumers to identify wines they may 

purchase. Establishment of a viticultural 

area is neither an approval nor an 

endorsement by TTB of the wine 

produced in that area. 

Requirements 

Section 4.25(e)(2) of the TTB 

regulations outlines the procedure for 

proposing an American viticultural area 

and provides that any interested party 

may petition TTB to establish a grapegrowing region as a viticultural area. 

Section 9.3(b) of the TTB regulations 

requires the petition to include—

• Evidence that the proposed 

viticultural area is locally and/or 

nationally known by the name specified 

in the petition; 

• Historical or current evidence that 

supports setting the boundary of the 

proposed viticultural area as the 

petition specifies; 

• Evidence relating to the 

geographical features, such as climate, 

soils, elevation, and physical features 

that distinguish the proposed 

viticultural area from surrounding areas; 

• A description of the specific 

boundary of the proposed viticultural 

area, based on features found on United 

States Geological Survey (USGS) maps; 

and 

• A copy of the appropriate USGS 

map(s) with the proposed viticultural 

area’s boundary prominently marked. 

Upper Mississippi River Valley Petition 

The Upper Mississippi River Valley 

AVA Committee submitted a petition to 

TTB proposing the establishment of the 

29,914-square mile ‘‘Upper Mississippi 

River Valley’’ American viticultural area 

in portions of southeast Minnesota, 

southwest Wisconsin, northwest 

Illinois, and northeast Iowa. A map 

submitted with the petition indicates 

that the vineyards within the proposed 

viticultural area are geographically 

disbursed throughout the area. The 

established 28,000-acre (43.75-square 

mile) Lake Wisconsin viticultural area 

(27 CFR 9.146) located in Columbia and 

Dane Counties, Wisconsin, lies entirely 

within the eastern portion of the 

proposed viticultural area. 

As indicated on the USGS maps 

included with the petition, the 

Mississippi River runs north-to-south in 

the approximate middle of the proposed 

viticultural area. St. Paul, Minnesota, is 

the northernmost point of the proposed 

viticultural area and its southernmost 

point is north of Moline, Illinois. 

According to the petitioner, the 

Wisconsin ice age and the effects of 

glaciation on the region provide a basis 

for most of the distinguishing features of 

the proposed viticultural area. 

We summarize below the supporting 

evidence submitted with the petition. 

Name Evidence 

According to the petitioner, the Upper 

Mississippi River Wildlife and Fish 

Refuge Act of 1924 provides a historical 

perspective in support of the ‘‘Upper 

Mississippi River Valley’’ name and its 

boundaries. The Act established what 

later would be known as the Upper 

Mississippi River National Wildlife and 

Fish Refuge, an area that Congress 

created to reflect the unique habitat of 

the Paleozoic Plateau (see ‘‘Regional 

Land Management’’ below). The petition 

documentation includes references 

citing the Upper Mississippi River 

Valley name relevant to the Upper 

Mississippi River National Wildlife and 

Fish Refuge. The petitioner documents 

the use of the Upper Mississippi River 

Valley name in Federal and public Web 

sources. 

A page on the USGS Web site, ‘‘Status 

and Trends of the Nation’s Biological 

Resources, Part 2, Regional Trends of 

Biological Resources,’’ (http:// 

biology.usgs.gov/s+t/SNT/index.htm) 

includes a section on the Mississippi 

River. The ‘‘Geography, Geological 

History, and Human Development’’

subsection explains the glacial history 

of the Upper Mississippi River. The 

Wisconsin Glacier retreating into 

Canada and melting is described as 

follows: ‘‘The Upper Mississippi River 

valley then began filling with glacial 

outwash, mainly sand and gravel, a 

process that is still under way * * *. 

The Upper Mississippi River valley 

widens considerably where it joins the 

Minnesota River, 13 kilometers 

downstream from St. Anthony Falls 

* * *.’’ The petitioner explains that at 

St. Anthony Falls the Mississippi River 

headwaters join the northern boundary 

of the Upper Mississippi River Valley. 

Regarding the history of the valley, a 

page on the National Park Service Web 

site (http://www.nps.gov/efmo/parks/ 

hist.htm) states that ‘‘The Upper 

Mississippi River valley was not only 

the home of prehistoric Indians for 

thousands of years, but also has been 

the scene for over 300 years of recorded 

human history as well. Early explorers 

found the area along the big river 


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occupied by groups of Native 

Americans.’’

The May 6, 1997, NOVA broadcast 

entitled ‘‘Flood!’’ described the 1993 

flooding of the Upper Mississippi River 

Valley. It included an interview with 

Lynn House of Quincy, Illinois. She and 

her husband own 1,400 acres along the 

Mississippi River. Mrs. House said that 

during the flooding of 1993 her husband 

exclaimed, ‘‘Levees are going to break 

like guitar strings, up and down the 

Upper Mississippi River Valley!’’

‘‘Twelve Millennia: Archaeology of 

the Upper Mississippi River Valley,’’ by 

James Theler and Robert Boszhardt 

(2003, Iowa State University Press), 

provides an overview of the 12,000- 

year-old human past of the Driftless 

Area of the Upper Mississippi River 

Valley, according to a description of the 

book on www.amazon.com. The 

Driftless Area extends from Rock Island 

Rapids, in the Moline-Rock Island, 

Illinois, area, north to St. Anthony Falls 

in the Minneapolis-St. Paul, Minnesota, 

area. (It comprises areas that were 

excluded from glacial transport of 

sediments and other materials.) The 

petitioner notes that the Driftless Area 

roughly corresponds to the boundary of 

the proposed Upper Mississippi River 

Valley viticultural area. 

The ‘‘Upper Mississippi River Valley: 

A Personal Web Site and Guide,’’ at 

http://soli.inav.net/∼atkinson/k/ 

UpperMissRiver.htm, has scenic 

photographs and information on local 

tourism, parks and natural areas, cities 

and towns, books, and shopping in the 

Upper Mississippi River Valley. 

Boundary Evidence 

The proposed Upper Mississippi 

River Valley viticultural area covers 

29,914 square miles, averaging 120 

miles east to west and 225 miles north 

to south, according to the USGS maps 

provided with the petition. The 

headwaters of the Mississippi River start 

at Lake Itasca in northwest Minnesota 

and continue to St. Anthony Falls in 

Minneapolis-St. Paul, Minnesota, the 

petitioner explains. 

According to the USGS maps 

included with the petition, the proposed 

northern boundary of the Upper 

Mississippi River Valley viticultural 

area coincides with the landmark St. 

Anthony Falls. The proposed southern 

portion of the boundary extends west 

from north of Moline, Illinois, at Lock 

and Dam 14 on the Mississippi River, to 

Tiffin, Iowa. The USGS maps show that 

the proposed easternmost point of the 

proposed boundary is in Janesville, 

Wisconsin, and the westernmost point 

is along Minnesota State Highway 56 in 

Coates, Minnesota, south of St. Paul. 

To define the proposed boundary of 

the Upper Mississippi River Valley 

viticultural area, the petitioner provided 

a written boundary description and 

USGS State maps for Minnesota, 

Wisconsin, Illinois, and Iowa. The 

petitioner also provided Anamosa and 

Marshalltown, Iowa, regional maps, 

which show highways in more detail. 

States and Counties 

The table below lists the counties in 

four states that are either totally or 

partially within the boundary of the 

proposed Upper Mississippi River 

Valley viticultural area. 

COUNTIES IN THE PROPOSED UPPER MISSISSIPPI RIVER VALLEY VITICULTURAL AREA

Minnesota Wisconsin Illinois Iowa 

1 ............................................................................................................................. Dakota Buffalo Carroll Allamakee 

2 ............................................................................................................................. Dodge Clark Jo Davies Black Hawk 

3 ............................................................................................................................. Fillmore Columbia Lee Bremer 

4 ............................................................................................................................. Goodhue Crawford Ogle Buchanan 

5 ............................................................................................................................. Houston Dane Rock Island Cedar 

6 ............................................................................................................................. Mower Dunn Stephenson Chickasaw 

7 ............................................................................................................................. Olmstead Eau Claire Whiteside Clayton 

8 ............................................................................................................................. Wabasha Grant Winnebago Clinton 

9 ............................................................................................................................. Washington Green Delaware 

10 ........................................................................................................................... Winona Iowa Dubuque 

11 ........................................................................................................................... Jackson Fayette 

12 ........................................................................................................................... Juneau Howard 

13 ........................................................................................................................... La Crosse Jackson 

14 ........................................................................................................................... La Fayette Johnson 

15 ........................................................................................................................... Monroe Jones 

16 ........................................................................................................................... Pepin Linn 

17 ........................................................................................................................... Pierce Scott 

18 ........................................................................................................................... Richland Winneshiek 

19 ........................................................................................................................... Rock 

20 ........................................................................................................................... Sauk 

21 ........................................................................................................................... St. Croix 

22 ........................................................................................................................... Trempealeau 

23 ........................................................................................................................... Vernon 

Regional History 

The petitioner explains that European 

explorers Jacques Marquette and Louis 

Joliet first entered the Upper Mississippi 

River Valley on June 17, 1673. The 

Louisiana Purchase and the resolution 

of the Black Hawk War in 1832 served 

to open the area to settlers from the 

eastern states. 

According to the petitioner, native 

grape varieties in the Upper Mississippi 

River Valley thrived in the late 19th and 

early 20th centuries. In 1919, Iowa 

produced the sixth largest grape crop in 

the United States. However, prohibition, 

severe freezes, droughts, and wind drift 

from some crop sprays caused native 

viticulture to dwindle throughout much 

of the 20th century within the proposed 

viticultural area. The disease- and coldresistant French-American grape 

hybrids and crop spray improvements 

developed during the 20th century 

resulted in renewed confidence in grape 

growing as an industry in the Upper 

Mississippi River Valley region. 

Regional Land Management 

The petitioner explains that two 

management areas, Major Land 

Resource Area (MLRA) 105 and the 

Driftless Area Initiative (DAI), help to 

define the proposed viticultural area. 

The United States Department of 

Agriculture, Natural Resources 

Conservation Service (NRCS), oversees 


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the management of MLRAs. MLRA 105 

comprises the Paleozoic Plateau, which 

more recent glacial incursions 

surrounded, bypassed, and preserved as 

a rugged, bedrock-controlled 

environment with soils lacking the 

glacial drift of areas outside the MLRA 

boundary. Thus, it encompasses a vast 

area that has similar soils, climate, 

water resources, and land uses. It 

includes portions of four states: 

Southeastern Minnesota, southwestern 

Wisconsin, northeastern Iowa, and 

northwestern Illinois. It roughly 

corresponds to the boundary of, but is 

4 percent smaller than, the proposed 

viticultural area. 

The DAI, according to the petitioner, 

comprises the Midwest Driftless Area 

with its atypical lack of glacial till. It 

was created and is managed conjointly 

by the Resource Conservation and 

Development Councils under the NRCS 

in the four-state area. The DAI is 

mandated to conserve land, water, and 

habitat resources that are strongly 

influenced by the dramatic landscape. 

In some areas the DAI boundary slightly 

extends beyond the MLRA 105 

boundary to more fully capture 

included watersheds and transitional 

areas of increasing glacial drift. 

The petitioner uses State and 

interstate highways to define the 

boundary of the proposed Upper 

Mississippi River Valley viticultural 

area. The highways are marked on the 

USGS maps and form a boundary that 

comprises these important, interrelated 

components of the proposed viticultural 

area: The Upper Mississippi River 

National Wildlife and Fish Refuge, the 

Paleozoic Plateau, MLRA 105, the 

Driftless Area, and the Upper 

Mississippi River watershed. 

According to the petitioner, the 

proposed Upper Mississippi River 

Valley viticultural area includes steepsided cliffs, bluffs, deeply entrenched 

stream valleys, and karst features. It has 

more hills, ridges, areas of thinner 

glacial till, and thus better drainage for 

grapes than areas outside the proposed 

boundary. Outside the proposed 

boundary, the topography consists of 

smoother landforms of unconsolidated 

materials, glacial drift that is thicker 

than that within the proposed boundary, 

and alluvium. 

The petitioner explains that how the 

Mississippi River is divided varies 

among individuals, commercial entities, 

and public agencies. The petitioner 

notes that ‘‘* * * the Mississippi River, 

sometimes in conjunction with its 

valley, is discussed as having upper and 

lower segments.’’ Others, however, refer 

to the upper, middle, and lower 

Mississippi. 

The petitioner explains further that 

the southern boundary line of the 

proposed Upper Mississippi River 

Valley viticultural area correlates with 

the southern border of the Upper 

Mississippi Fish and Wildlife Refuge 

established in 1924. The Wapsipinicon 

River watershed closely parallels the 

eastern and southern boundary lines of 

the proposed viticultural area. Interstate 

Highway 80, which serves as a portion 

of the southern boundary line of the 

proposed viticultural area, approximates 

the Wapsipinicon River watershed 

boundary line. 

The petitioner explains that the 

southern boundary of the proposed 

viticultural area correlates with the 

southern boundary of the U.S. 

Department of Agriculture Hardiness 

Zone 4b. Also, based on research 

information provided by Professor Paul 

Domoto, PhD, Department of 

Horticulture, Iowa State University, the 

average minimum winter temperatures 

within the proposed Upper Mississippi 

River Valley viticultural area are ¥15 to 

¥20 degrees F. To the south, they are 

¥10 to ¥15 degrees F. 

According to the petitioner, the 

southern portion of the boundary of the 

proposed viticultural area continues for 

a few miles south of the established 

southern portion of the boundary of 

MLRA 105. Also, the western portion of 

the boundary of the proposed 

viticultural area includes a portion of 

the adjacent MLRA 104 to encompass 

the entire watershed of the 

Wapsipinicon River, a primary tributary 

of the Upper Mississippi River. 

Lake Wisconsin AVA (27 CFR 9.146) 

The proposed Upper Mississippi 

River Valley viticultural area includes 

the established 28,000-acre Lake 

Wisconsin viticultural area, the 

petitioner explains. The Wisconsin 

River, which forms Lake Wisconsin, is 

a major tributary to the Upper 

Mississippi River. 

The petitioner states that the Lake 

Wisconsin viticultural area is comprised 

of soil orders and Driftless Area 

topography similar to those of the 

proposed Upper Mississippi River 

Valley viticultural area. Regarding the 

Lake Wisconsin viticultural area, which 

has a few glacial deposits at the higher 

elevations, according to the petitioner, 

geologists view that area as a 

transitional glacial area. (The original 

Lake Wisconsin viticultural area (T.D. 

ATF–352, 59 FR 537, January 5, 1994) 

describes the area as a transitional zone 

between the glaciated topography to its 

east and the unglaciated, driftless 

topography to its west.) 

Distinguishing Features 

The petitioner asserts that the 

distinguishing features of the proposed 

Upper Mississippi River Valley 

viticultural area include its geology, 

unglaciated topography, climate, soils, 

and hydrology. The Wisconsin ice age 

affected the region and provided a basis 

for most of the distinguishing features of 

the proposed viticultural area, 

specifically topography, soils, and 

hydrology. 

Geology 

The petitioner explains that a 

significant event in the geologic history 

of the proposed Upper Mississippi River 

Valley viticultural area was the impact 

of the massive Wisconsin Glacier during 

the Wisconsin ice age. The glacier, 

which had lobes in Minnesota and Iowa, 

started melting 15,000 years ago and 

retreated northward toward Canada. The 

resulting glacial water flows combined 

with the Glacial St. Croix River and 

drained Glacial Lake Duluth, known 

now as Lake Superior. The relatively 

sediment-free drainage of Glacial Lake 

Duluth helped carve the Upper 

Mississippi River Valley channel to a 

depth of about 250 meters, or 820 feet. 

Eventually, alluvial deposits started 

refilling the river channel, beginning a 

process that has continued into modern 

times. 

According to the petitioner, the 

development of the Upper Mississippi 

River impacted the regional topography 

and landforms. The tributary valleys 

include terraces, older flood plain 

deposits, and entrenched and hanging 

meanders (streams). These features 

show the complexity of the alluvial 

history and river development 

associated with glacial melting and 

drainage diversions. 

The petitioner states that surface 

materials, especially along the Paleozoic 

Plateau, date to 100,000 years in age. 

The younger materials that are outside 

the proposed boundary and that are 

largely the result of glacial erosion and 

glacial till date to 10,000 years in age, 

or 90,000 years younger than the surface 

materials on the Paleozoic Plateau. 

The petitioner explains that streams 

in the proposed Upper Mississippi River 

Valley viticultural area cut deep 

dissections through the inclined 

landforms and exposed Paleozoic rock. 

The exposed rock, which varies in age 

from 350 to 600 million years old, is 

predominantly dolomite, limestone, and 

sandstone. 

Topography 

The Driftless Area of the Upper 

Mississippi River Valley has a unique 


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topography and subsurface structure 

because a direct glacial incursion did 

not occur in that area during the most 

recent Wisconsin ice age, the petitioner 

explains. Consequently, the topography 

does not have substantial amounts of 

materials deposited by glaciers. The 

petitioner notes that the proposed 

boundary divides the rugged, dissected, 

bedrock-controlled landscapes within 

the Upper Mississippi River Valley from 

the gently rolling landscapes that have 

lower relief and glaciated, erosional 

surfaces and that are outside the valley. 

Bedrock control in the proposed area, 

the petitioner explains, refers to the 

entrenched valleys and karst that 

constitute an integrated drainage 

network. The karst topography of the 

proposed viticultural area includes 

underground caves, sinkholes, springs, 

and subsurface caverns. According to 

the petitioner, rivers and underground 

water flows are general features 

throughout the proposed Upper 

Mississippi River Valley viticultural 

area, which has none of the natural 

lakes that direct glacial movement 

normally creates. Outside the boundary 

of the proposed Upper Mississippi River 

Valley viticultural area, the petitioner 

continues, the topography consists of 

unconsolidated, heavily dissected soil 

material along substantial deposits of 

glacial materials on smooth, rolling 

hills. 

The elevations of the Upper 

Mississippi River Valley viticultural 

area, the petitioner states, range from 

660 feet on valley floors to 1,310 feet on 

high ridges. Outside the boundary of the 

proposed viticultural area, elevations 

average 250 feet higher to the northwest 

and 165 feet lower to the southeast. 

The petitioner explains that north of 

the boundary of the proposed Upper 

Mississippi River Valley viticultural 

area, loess covers the level-to-rolling till 

plains. Elevations change little on the 

plains. 

East of the boundary of the proposed 

Upper Mississippi River Valley 

viticultural area, the landscape is 

dominated by a glaciated plain that has 

belts of morainic hills, ridges, and 

washout terraces. (TTB notes that 

morainic hills are accumulations of soil 

and stones that glacial activity has left.) 

Also, elevations generally vary several 

feet, except for the 80- to 330-foot-high 

moraines, drumlins, and bedrock 

escarpments. 

South of the boundary of the 

proposed Upper Mississippi River 

Valley viticultural area are rolling, hilly, 

loess-covered plains and some broad, 

level uplands in the southwest region. 

Elevations there also generally vary by 

only several feet, except on the upland 

flats, where elevation changes up to 200 

feet. 

West of the boundary of the proposed 

Upper Mississippi River Valley 

viticultural area the landscape is a 

nearly level to gently sloping till plain. 

Elevations generally vary by several feet. 

Soils 

The soils common to the proposed 

Upper Mississippi River Valley 

viticultural area, the petitioner states, 

are stony or rocky soils on steep slopes. 

The petitioner provides comparative 

soil data for the proposed viticultural 

area and the surrounding regions. The 

data, which show differences and 

similarities of the soils, are listed in the 

table below. 

DIFFERENCES AND SIMILARITIES OF THE SOILS WITHIN AND OUTSIDE OF THE UPPER MISSISSIPPI RIVER VALLEY

Location * Dominant soil 

orders 

Temperature and moisture 

regimes 

Mineralogy, soil depth, 

drainage, and texture 

Within ....................................... Alfisols, Entisols, and 

Mollisols.

Mesic, Udic ............................. Mixed mineralogy; moderately deep to very 

deep; well drained or moderately well 

drained; loamy with little clay. 

North Outside ........................... Entisols, Alfisols, Histosols, 

Spodosols, and Inceptisols.

Frigid, Udic ............................. Mixed mineralogy; moderately deep to very 

deep; well drained to poorly drained; sandy 

to loamy. 

East Outside ............................. Alfisols, Histosols, and 

Mollisols.

Mesic, Udic ............................. Mixed mineralogy; very deep; well drained to 

poorly drained; silty, loamy, or clayey. 

South Outside .......................... Mollisols, Alfisols, Entisols, 

and Inceptisols.

Mesic, Udic ............................. Mixed mineralogy; very deep; well drained to 

poorly drained; loamy. 

West Outside ............................ Mollisols and Alfisols .............. Mesic, Udic ............................. Mixed mineralogy; very deep; well drained to 

very poorly drained; loamy. 

* In relation to the proposed Upper Mississippi River Valley viticultural area. 

The petitioner explains that within 

the boundary of the proposed Upper 

Mississippi River Valley viticultural 

area, Argiudolls (Tama, Dodgeville, 

Richwood, and Dakota series) and 

Hapludolls (Muscatine series) are on 

nearly level to gently sloping benches 

and broad ridge tops. Hapludolls 

(Frontenac, Broadale, and Bellechester 

series) are on steep slopes bordering 

major valleys. Well drained Udifluvents 

(Dorchester, Chaseburg, and Arenzville 

series) are along stream bottoms. 

Quartzipsamments (Boone series) are on 

steep slopes. Also, Udipsamments 

(Plainfield and Gotham series) are on 

nearly level stream benches. 

Overall, the soils on steep hills and 

ridges and those formed in 

comparatively thinner glacial till within 

the proposed viticultural area have good 

natural drainage for grapes. Although 

they have much clay, generally they 

have access to water and in numerous 

areas are on south-facing slopes, 

creating microclimates beneficial to 

grapes. The soils outside the proposed 

boundary generally formed in deeply 

dissected, thicker glacial drift and 

alluvium over unconsolidated materials 

on smooth, gently rolling landscapes. 

After precipitation they require tile 

drainage because of glacial pools and 

the generally lower relief. 

Climate 

The petitioner states that steep slopes, 

bluffs, numerous rock outcrops, 

waterfalls and rapids, sinkholes, 

springs, and entrenched stream valleys 

combine to create multiple 

microclimates within the proposed 

Upper Mississippi River Valley 

viticultural area. Also, the combination 

of microclimates and diverse settings 

supports varied flora and fauna 

communities not found outside the 

boundary of the proposed viticultural 

area. 

The petitioner provides temperature 

and precipitation data for the proposed 

Upper Mississippi River Valley 

viticultural area and its surrounding 

regions. Those climatic differences are 

presented in the table below. 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46847 

TEMPERATURE AND PRECIPITATION FOR WITHIN AND OUTSIDE OF THE UPPER MISSISSIPPI RIVER VALLEY

Location * 

Annual average 

temperature range 

(degrees 

Fahrenheit) 

Annual average 

frost-free period 

(days) 

Annual average 

precipitation 

(inches) 

Amount of 

annual average precipitation received 

during the growing season 

Within ..................................................... 42–50 145–205 30–38 2⁄3 or more. 

North Outside ......................................... 40–46 135–180 27–33 Most. 

East Outside .......................................... 43–48 150–190 30–38 Most. 

South Outside ........................................ 46–51 170–205 33–38 Most. 

West Outside ......................................... 44–50 160–195 29–37 More than 2⁄3. 

* In relation to the proposed Upper Mississippi River Valley viticultural area. 

According to petition data, the 

proposed Upper Mississippi River 

Valley viticultural area has, on average, 

a warmer annual temperature range than 

that of the surrounding locations to the 

north and east. In the areas to south and 

west, the annual average temperature 

range is several degrees higher than that 

in the proposed viticultural area. 

The annual average frost-free period 

within the proposed Upper Mississippi 

River Valley viticultural area is longer 

than that in the area to the north and 

shorter than that in the area to the 

south, according to petition data. The 

range of the annual frost-free period in 

the proposed viticultural area is greater 

than in the neighboring areas to the east 

and west. 

The petition data show the 

precipitation range of the proposed 

Upper Mississippi River Valley 

viticultural area as compared to that in 

the surrounding areas. The annual 

average precipitation range is higher in 

the proposed Upper Mississippi River 

Valley viticultural area than in the area 

to its north. The areas to the south, west, 

and east receive approximately the same 

annual average precipitation, in the 

same pattern, as the proposed 

viticultural area. The precipitation 

during the growing season is greater in 

the areas to the north, south, and east 

than in the proposed viticultural area, 

and approximately the same in the area 

to the west of the proposed viticultural 

area. 

Hydrology 

The petitioner provides hydrological 

data that show the growing conditions, 

including the relationship between the 

soils and the hydrological 

characteristics of the proposed Upper 

Mississippi River Valley viticultural 

area and its surrounding regions. The 

hydrological data are presented in the 

table below. 

HYDROLOGICAL DATA AND DRAINAGE NEEDED FOR CROP PRODUCTION WITHIN AND OUTSIDE OF THE UPPER MISSISSIPPI

RIVER VALLEY

Location * Ground water Other resources Soils and crop 

production 

Within ............................................. Abundant in valleys and variable 

on uplands.

Use of springs, streams, and farm 

ponds, and extensive use of 

bedrock aquifers.

Minimal need for a tile drainage 

system in soils. 

Outside North ................................. Abundant in deep glacial drift deposits, but scarce in thin ones.Lakes and streams ....................... Artificial drainage required for 

soils on lowlands. 

Outside East .................................. Abundant in areas underlain by 

drift.

Inland lakes, streams, and sandstone and limestone bedrock 

formations below the glacial 

drift.

Artificial drainage required for 

fine-textured soils with poor 

drainage. 

Outside South ................................ Abundant in areas of glacial drift Perennial streams and the Mississippi River.Favorable precipitation pattern; 

drainage not required. 

Outside West ................................. Adequate ...................................... Extensive use of bedrock aquifers Artificial drainage required for the 

seasonal high water table. 

* In relation to the proposed Upper Mississippi River Valley viticultural area. 

In most years the moderate 

precipitation of the proposed Upper 

Mississippi River Valley viticultural 

area, the petitioner explains, is usually 

adequate for both the human population 

and agriculture. Ground water, the 

petitioner states, remains abundant in 

outwash deposits of valleys, but on 

uplands it varies in quantity. Bedrock 

aquifers also provide extensive ground 

water resources within the proposed 

viticultural area and in the area to its 

west. 

TTB Determination 

TTB concludes that this petition to 

establish the 29,914-square-mile Upper 

Mississippi River Valley American 

viticultural area merits consideration 

and public comment as invited in this 

notice. 

Boundary Description 

See the narrative boundary 

description of the petitioned-for 

viticultural area in the proposed 

regulatory text published at the end of 

this notice. 

Maps 

The petitioner provided the required 

maps, and we list them below in the 

proposed regulatory text. 

Impact on Current Wine Labels 

Part 4 of the TTB regulations prohibits 

any label reference on a wine that 

indicates or implies an origin other than 

the wine’s true place of origin. If we 

establish this proposed viticultural area, 

its name, ‘‘Upper Mississippi River 

Valley,’’ will be recognized under 27 

CFR 4.39(i)(3) as a name of viticultural 

significance. The text of the proposed 

regulation clarifies this point. 


yshivers on PROD1PC62 with PROPOSALS
46848 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

Consequently, wine bottlers using 

‘‘Upper Mississippi River Valley’’ in a 

brand name, including a trademark, or 

in another label reference as to the 

origin of the wine, will have to ensure 

that the product is eligible to use the 

viticultural area’s name as an 

appellation of origin. 

For a wine to be eligible to use a 

viticultural area name as an appellation 

of origin or a term of viticultural 

significance in a brand name, at least 85 

percent of the wine must be derived 

from grapes grown within the area 

represented by that name or other term, 

and the wine must meet the other 

conditions listed in 27 CFR 4.25(e)(3). If 

the wine is not eligible to use the 

viticultural area name as an appellation 

of origin and that name or other term of 

viticultural significance appears in the 

brand name, then the label is not in 

compliance and the bottler must change 

the brand name and obtain approval of 

a new label. Similarly, if the viticultural 

area name or other term of viticultural 

significance appears in another 

reference on the label in a misleading 

manner, the bottler would have to 

obtain approval of a new label. 

Accordingly, if a previously approved 

label uses the name ‘‘Upper Mississippi 

River Valley’’ for a wine that does not 

meet the 85 percent standard, the 

previously approved label will be 

subject to revocation upon the effective 

date of the approval of the Upper 

Mississippi River Valley viticultural 

area. 

Different rules apply if a wine has a 

brand name containing a viticultural 

area name or other term of viticultural 

significance that was used as a brand 

name on a label approved before July 7, 

1986. See 27 CFR 4.39(i)(2) for details. 

Public Participation 

Comments Invited 

We invite comments from interested 

members of the public on whether we 

should establish the proposed 

viticultural area. We are interested in 

receiving comments on the sufficiency 

and accuracy of the name, climatic, 

boundary, and other required 

information submitted in support of the 

petition. Please provide any available 

specific information in support of your 

comments. 

Because of the potential impact of the 

establishment of the proposed Upper 

Mississippi River Valley viticultural 

area on wine labels that include the 

words ‘‘Upper Mississippi River Valley’’

as discussed above under Impact on 

Current Wine Labels, we are particularly 

interested in comments regarding 

whether there will be a conflict between 

the proposed area name and currently 

used brand names. If a commenter 

believes that a conflict will arise, the 

comment should describe the nature of 

that conflict, including any anticipated 

negative economic impact that approval 

of the proposed viticultural area will 

have on an existing viticultural 

enterprise. We are particularly 

interested in any comments on whether 

the evidence regarding name and 

distinguishing geographical features is 

sufficient to warrant the establishment 

of this new viticultural area that entirely 

encompasses the existing Lake 

Wisconsin viticultural area. We are also 

interested in receiving suggestions for 

ways to avoid conflicts, for example, by 

adopting a modified or different name 

for the viticultural area. 

Submitting Comments 

You may submit comments on this 

notice by using one of the following two 

methods: 

• Federal e-Rulemaking Portal: You 

may send comments via the online 

comment form posted with this notice 

within Docket No. TTB–2008–0007 on 

‘‘Regulations.gov,’’ the Federal erulemaking portal, at http:// 

www.regulations.gov. A direct link to 

that docket is available under Notice 

No. 88 on the TTB Web site at http:// 

www.ttb.gov/wine/ 

wine_rulemaking.shtml. Supplemental 

files may be attached to comments 

submitted via Regulations.gov. For 

complete instructions on how to use 

Regulations.gov, visit the site and click 

on ‘‘User Guide’’ under ‘‘How to Use 

this Site.’’

• U.S. Mail: You may send comments 

via postal mail to the Director, 

Regulations and Rulings Division, 

Alcohol and Tobacco Tax and Trade 

Bureau, P.O. Box 14412, Washington, 

DC 20044–4412. 

Please submit your comments by the 

closing date shown above in this notice. 

Your comments must reference Notice 

No. 88 and include your name and 

mailing address. Your comments also 

must be made in English, be legible, and 

be written in language acceptable for 

public disclosure. We do not 

acknowledge receipt of comments, and 

we consider all comments as originals. 

If you are commenting on behalf of an 

association, business, or other entity, 

your comment must include the entity’s 

name as well as your name and position 

title. If you comment via 

Regulations.gov, please enter the 

entity’s name in the ‘‘Organization’’

blank of the online comment form. If 

you comment via postal mail, please 

submit your entity’s comment on 

letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 

Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

Public Disclosure 

We will post, and you may view, 

copies of this notice, selected 

supporting materials, and any online or 

mailed comments we receive about this 

proposal within Docket No. TTB–2008–

0007 on the Federal e-rulemaking 

portal, Regulations.gov, at http:// 

www.regulations.gov. A direct link to 

that docket is available on the TTB Web 

site at http://www.ttb.gov/wine/ 

wine_rulemaking.shtml under Notice 

No. 88. You may also reach the relevant 

docket through the Regulations.gov 

search page at http:// 

www.regulations.gov. For instructions 

on how to use Regulations.gov, visit the 

site and click on ‘‘User Guide’’ under 

‘‘How to Use this Site.’’

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including e-mail addresses. 

We may omit voluminous attachments 

or material that we consider unsuitable 

for posting. 

You also may view copies of this 

notice, all related petitions, maps and 

other supporting materials, and any 

electronic or mailed comments we 

receive about this proposal by 

appointment at the TTB Information 

Resource Center, 1310 G Street, NW., 

Washington, DC 20220. You may also 

obtain copies at 20 cents per 8.5- × 11- 

inch page. Contact our information 

specialist at the above address or by 

telephone at 202–927–2400 to schedule 

an appointment or to request copies of 

comments or other materials. 

Regulatory Flexibility Act 

We certify that this proposed 

regulation, if adopted, would not have 

a significant economic impact on a 

substantial number of small entities. 

The proposed regulation imposes no 

new reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name would be the result of a 

proprietor’s efforts and consumer 

acceptance of wines from that area. 


yshivers on PROD1PC62 with PROPOSALS
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