FR Doc 03-16288

[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Proposed Rules]
[Page 38270-38282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-36]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7568]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the
proposed base (1% annual chance) flood elevations and proposed base
flood elevation modifications for the communities listed below. The
base flood elevations are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or remain
qualified for participation in the National Flood Insurance Program
(NFIP).

DATES: The comment period is ninety (90) days following the second
publication of this proposed rule in a newspaper of local circulation
in each community.

ADDRESSES: The proposed base flood elevations for each community are
available for inspection at the office of the Chief Executive Officer
of each community. The respective addresses are listed in the following
table.

FOR FURTHER INFORMATION CONTACT: Mary Jean Pajak, P.E., FEMA, 500 C
Street SW., Washington, DC 20472, (202) 646-2831.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA or Agency) proposes to make determinations of base flood
elevations and modified base flood elevations 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 base flood and modified base flood elevations,
together

[[Page 38271]]

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.
National Environmental Policy Act. This proposed rule is
categorically excluded from the requirements of 44 CFR Part 10,
Environmental Consideration. No environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The Mitigation Division Director of the
Emergency Preparedness and Response Directorate certifies that this
proposed rule is exempt from the requirements of the Regulatory
Flexibility Act because proposed or modified base flood elevations are
required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105,
and are required to establish and maintain community eligibility in the
NFIP. As a result, a regulatory flexibility analysis has not been
prepared.
Regulatory Classification. This proposed rule is not a significant
regulatory action under the criteria of Section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Executive Order 12612, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 12612,
Federalism, dated October 26, 1987.
Executive Order 12778, Civil Justice Reform. This proposed rule
meets the applicable standards of Section 2(b)(2) of Executive Order
12778.

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.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are
proposed to be amended as follows:

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Depth in feet above
ground. *Elevation in feet
(NGVD) [sbull]Elevation in
Source of flooding Location feet (NAVD) Communities affected
--------------------------------
Existing Modified
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ILLINOIS
DuPage County
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Des Plaines River.......................... At southern County boundary None *594 DuPage County (Unincorporated Areas),
along Chicago Sanitary Canal. Village of Lemont
At southern County boundary None *595 ...........................................
along Chicago Sanitary Canal.
West Branch Tributary No. 4................ Approximately 600 feet None *744 Village of Carol Stream
upstream of Timber Lane.
Approximately 925 feet None *744 ...........................................
upstream of Timber Lane.
East Branch Tributary No. 2................ Approximately 50 feet upstream *693 *694 DuPage County (Unincorporated Areas),
of the confluence with East Village of Glendale Heights
Branch DuPage River.
Approximately 1,400 feet None *723 ...........................................
upstream of Main Street.
Ginger Creek............................... At confluence with Salt Creek. *656 *655 DuPage County (Unincorporated Areas),
Village of Oak Brook
Approximately 1,000 feet *700 *699
upstream of Myers Road.
Mays Lake Tributary........................ Approximately 1,350 feet *670 *672 Village of Oak Brook
upstream of confluence with
Ginger Creek.
Approximately 1,565 feet None *718 ...........................................
upstream of Mayslake Culvert.
Briarwood Ditch............................ Approximately 1,200 feet *670 *671 Village of Oak Brook
upstream of confluence with
Ginger Creek.
Approximately 500 feet *670 *672 ...........................................
upstream of Kingston Road.
Midwest Club Tributary..................... At confluence with Ginger *699 *696 DuPage County (Unincorporated Areas),
Creek. Village of Oak Brook
Approximately 550 feet None *702 ...........................................
upstream of Oak Brook Road.
Lombard Tributary.......................... Approximately 500 feet *700 *701 Village of Oak Brook
upstream of confluence with
Ginger.
Approximately 670 feet *700 *703 ...........................................
upstream of Royal Valley
Drive.
Heritage Oaks Tributary.................... At the confluence with Ginger *700 *699 Village of Oak Brook
Creek.
Approximately 750 feet *700 *699 ...........................................
upstream of Ginger Creek.

[[Page 38272]]

Salt Creek................................. Approximately 100 feet *646 *645 Village of Oak Brook, City of Oak Brook
upstream of York Road. Terrace
Just downstream of Roosevelt *663 *661 ...........................................
Road.
Midwest Club Tributary Ponding Area........ Approximately 50 feet Area None *702 Village of Oak Brook
southwest of the intersection
of CT 20 and Midwest Club
Parkway.
DuPage County (Unincorporated Areas)