Flood Control Regulations, Marshall Ford Dam (Mansfield Dam and Lake Travis), Colorado River, Texas, 77397-77399 [2013-30497]
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Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Proposed Rules
77397
TABLE TO § 165.171—Continued
9.3
The Lobsterman Triathlon ................................................................
•
•
•
•
•
Event Type: Swim Event.
Sponsor: Tri-Maine Productions.
Date: A one day event in September.*
Time (Approximate): 8:00 am to 11:00 am.
Location: The regulated area includes all waters in the vicinity of
Winslow Park in South Freeport, Maine within the following points
(NAD 83):
43°47′59″ N, 070°06′56″ W.
43°47′44″ N, 070°06′56″ W.
43°47′44″ N, 070°07′27″ W.
43°47′57″ N, 070°07′27″ W.
9.4
Eliot Festival Day Fireworks ............................................................
•
•
•
•
•
Event Type: Fireworks Display.
Sponsor: Eliot Festival Day Committee.
Date: A one night event in September.*
Time (Approximate): 8:00 pm to 10:30 pm.
Location: In the vicinity of Eliot Town Boat Launch, Eliot, Maine in
approximate position:
43°08′56″ N, 070°49′52″ W (NAD 83).
* Date subject to change. Exact date will be posted in Notice of Enforcement and Local Notice to Mariners.
Dated: December 5, 2013.
B.S. Gilda,
Captain, U.S. Coast Guard, Captain of the
Port Sector Northern New England.
[FR Doc. 2013–30387 Filed 12–20–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 208
Flood Control Regulations, Marshall
Ford Dam (Mansfield Dam and Lake
Travis), Colorado River, Texas
AGENCY:
U.S. Army Corps of Engineers,
DoD.
Notice of proposed rulemaking
and request for comments.
ACTION:
The U.S. Army Corps of
Engineers (Corps) is proposing to amend
the rules regarding use and
administration of Marshall Ford Dam
(Mansfield Dam and Lake Travis),
Colorado River, Texas. In 1997, the
Lower Colorado River Authority (LCRA)
completed repayment of the federal
government’s contribution for
acquisition and construction costs
related to Mansfield Dam. Subsequently,
the United States Bureau of Reclamation
(USBR) relinquished all rights and
obligations to the project. However, the
U.S. Department of the Interior and the
USBR are referenced as project
stakeholders in the Flood Control
Regulations. Amending the referenced
regulations to update project ownership
will eliminate the current discrepancy
between the regulations and associated
project documents. The Fort Worth
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
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District of the Corps and LCRA are
finalizing a revised water control plan
for Lake Travis. There is no intent to
publish the updated water control plan
in the Federal Register. Amending the
regulations to indicate that the water
control plan has been superseded would
eliminate the need to amend the
regulations each time the water control
plan is modified.
DATES: Comments must be received by
January 22, 2014.
ADDRESSES: You may submit comments,
identified by docket number COE–
2013–0013, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: sandy.l.gore@usace.army.mil.
Include the docket number, COE–2013–
0013, in the subject line of the message.
Mail: U.S. Army Corps of Engineers,
ATTN: CECW–SWD (Sandy Gore), 441
G Street NW., Washington, DC 20314–
1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2013–0013. All
comments received will be included in
the public docket without change and
may be made available on-line at
https://www.regulations.gov, including
any personal information provided,
unless the commenter indicates that the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI, or otherwise
protected, through regulations.gov or
PO 00000
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email. The regulations.gov Web site is
an anonymous access system, which
means we will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email directly to the
Corps without going through
regulations.gov, your email address will
be automatically captured and included
as part of the comment that is placed in
the public docket and made available on
the Internet. If you submit an electronic
comment, we recommend that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If we cannot read your
comment because of technical
difficulties and cannot contact you for
clarification, we may not be able to
consider your comment. Electronic
comments should avoid the use of any
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov. All documents in
the docket are listed. Although listed in
the index, some information is not
publicly available, such as CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form.
FOR FURTHER INFORMATION CONTACT:
Sandy Gore at 202–761–5237 or by
email at sandy.l.gore@usace.army.mil.
SUPPLEMENTARY INFORMATION:
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77398
Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Proposed Rules
Executive Summary
The purpose of this action is to amend
the regulations to reflect changes in
ownership and responsibilities of flood
control management of Marshall Ford
Dam (Mansfield Dam and Lake Travis)
by the U.S. Army Corps of Engineers
(USACE) and the Lower Colorado River
Authority (LCRA) and to clarify that the
published water control plan has been
superseded. Specifically, the objective is
to amend 33 CFR 208 to indicate:
(A) A change in project ownership.
This will require revision of 33 CFR
208.11(e) List of Projects, which
currently indicates USBR as the project
owner, and 33 CFR 208.19, which
references the Secretary of the Interior
and the Bureau of Reclamation as the
responsible party for operating Marshall
Ford Dam in the interest of flood control
above elevation 714.
(B) Revision of the Marshall Ford Dam
(Mansfield Dam and Lake Travis) water
control plan in 2012.
(C) USACE intention to henceforth
forego publication of the Marshall Ford
Dam (Mansfield Dam and Lake Travis)
water control plan in the Federal
Register.
(D) USACE and LCRA as sources for
obtaining information regarding the
most recently approved and therefore
currently the effective water control
plan.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Background
Mansfield Dam was funded, planned,
and built by the United States Bureau of
Reclamation (USBR) from February
1937 through September 1940. The
Lower Colorado River Authority (LCRA)
acquired the land for the project and
paid for the majority of the costs related
to the hydroelectric power facilities.
The USBR was the project owner while
LCRA was repaying the federal
government contribution to the project.
LCRA completed repayment in May
1997, and the USBR relinquished all
rights and obligations to the project.
USBR has formally requested USACE
revise the water control manual (of
which the water control plan is an
integral part) and any other regulatory
documents accordingly.
As a result of Section 7 of the Flood
Control Act of 1944, the U.S. Army
Corps of Engineers (USACE) is
responsible for prescribing a formal
water control plan for regulation of the
Lake Travis storage space allocated for
flood control (elevation 681.0 to
elevation 714.0). As per ER 1110–2–241,
Use of Storage Allocated for Flood
Control and Navigation at Non-Corps
Projects (24 May 1990), paragraph 6.d.—
Water Control Plan and Manual, the
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Corps of Engineers is responsible for
developing the formal flood control
regulation/water control plan,
documenting the plan in a water control
manual, and furnishing a copy of the
manual to the project owner. A water
control plan for Lake Travis was
published in the Federal Register (33
CFR 208.19) in May of 1951.
Subsequently, 33 CFR part 208 was
amended in April 1976, and again in
April 1979, by revising Section 208.19
to reflect revision of the water control
plan. Each of these three respective
water control plans, and Section 208.11,
identifies the U.S. Department of the
Interior and/or the USBR as
stakeholders in the project.
In 2012, based on results of a recent
study, USACE—Fort Worth District and
LCRA finalized a jointly supported
revision of the water control plan for
Lake Travis. There being no requirement
for publication of the water control plan
in the Federal Register, USACE plans to
henceforth forego doing so. Also in
2012, USACE—Fort Worth District and
LCRA agreed on a formal Letter of
Understanding (LOU) and a Water
Control Agreement (WCA) in
accordance with ER 1110–2–241, Use of
Storage Allocated for Flood Control and
Navigation at Non-Corps Projects (24
May 1990). LCRA has agreed to sign the
LOU and the WCA, and adopt the new
water control plan, upon amendment of
the CFR to indicate the last published
water control plan (April 1979) has been
superseded.
Administrative Requirements
Plain Language
In compliance with the principles in
the President’s memorandum of June 1,
1998, (63 FR 31855) regarding plain
language, this preamble is written using
plain language. The use of ‘‘we’’ in this
notice refers to the U.S. Army Corps of
Engineers. We have also used the active
voice, short sentences, and common
everyday terms except for necessary
technical terms.
Paperwork Reduction Act
This action does not impose any new
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This
proposed rule adjusts our civil penalty
amounts to comply with the
requirements of the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended. Therefore, this action
is not subject to the Paperwork
Reduction Act.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
PO 00000
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or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. For the Corps
regulatory program under Section 10 of
the Rivers and Harbors Act of 1899,
Section 404 of the Clean Water Act, and
Section 103 of the Marine Protection,
Research and Sanctuaries Act of 1972,
the current OMB approval number for
information requirements is maintained
by the Corps of Engineers (OMB
approval number 0710–0003).
Regulatory Flexibility Act (RFA), as
Amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), 5 U.S.C. 601 et seq.
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to noticeand-comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations and small
governmental jurisdictions.
For purposes of assessing the impacts
of this proposed rule on small entities,
a small entity is defined as: (1) A small
business based on Small Business
Administration size standards; (2) a
small governmental jurisdiction that is a
government of a city, county, town,
school district, or special district with a
population of less than 50,000; or (3) a
small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this proposed rule on small
entities, we believe that this action will
not have a significant economic impact
on a substantial number of small
entities. The proposed rule is consistent
with current agency practice, does not
impose new substantive requirements,
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Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Proposed Rules
and therefore would not have a
significant economic impact on a
substantial number of small entities.
Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. We will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 33 CFR Part 208
Dams, Flood control,
Intergovernmental relations, Reservoirs.
For the reasons set out in the
preamble, the Corps proposes to amend
33 CFR part 208 as follows:
PART 208—FLOOD CONTROL
REGULATIONS
Authority: Sec. 7, 58 Stat. 890; 33 U.S.C.
709.
2. Amend § 208.11(e) as follows:
a. Revise the entry for Marshall Ford
Dam and Reservoir on the ‘‘List of
Projects’’ table; and
■ b. Revise footnote 4.
■
■
§ 208.11 Regulations for use of storage
allocated for flood control or navigation
and/or project operation at reservoirs
subject to prescription of rules and
regulations by the Secretary of the Army in
the interest of flood control and navigation.
*
1. The authority citation for 33 CFR
part 208 continues to read as follows:
■
*
*
(e) * * *
*
*
LIST OF PROJECTS
[Non-Corps projects with Corps regulation requirements]
Project name 1
(1)
State
(2)
County
(3)
TX ............
*
Travis .......
Colorado R
*
Marshall Ford
Dam & Res.
Project
purpose 2
(5)
Stream 1
(4)
*
*
*
F ...............
NEIM ........
Storage
1000 AF
(6)
Elev limits feet M.S.L.
Upper
(7)
*
779.8
810.5
*
Lower
(8)
*
714.0
681.0
*
681.0
618.0
Area in acres
Upper
(9)
Lower
(10)
*
29060
18955
*
*
18955
8050
Authorizing
legis. 3
(11)
*
PL 73–392 ....
PL 78–534 ....
Proj.
owner 4
(12)
LCRA.
*
1 Cr—Creek;
CS—Control Structure; Div—Diversion; DS—Drainage Structure; FG—Floodgate; Fk—Fork; GIWW—Gulf Intercoastal Waterway; Lk—Lake; L&D—
Lock & Dam; PS—Pump Station; R—River; Res—Reservoir.
2 F—Flood Control; N—Navigation; P—Corps Hydropower; E—Non Corps Hydropower; I—Irrigation; M—Municipal and/or Industrial Water Supply; C—Fish and
Wildlife Conservation; A—Low Flow Augmentation or Pollution Abatement; R—Recreation; Q—Water Quality or Silt Control.
3 FCA—Flood Control Act; FERC—Federal Energy Regulatory Comm; HD—House Document; PL—Public Law; PW—Public Works; RHA—River & Harbor Act;
SD—Senate Document; WSA—Water Supply Act.
4 Appl Pwr—Appalachian Power; Chln PUD—Chelan Cnty PUD 1; CLPC—CT Light & Power Co; Dgls PUD—Douglas Cnty PUD 1; DWR—Department of Water
Resources; EB–MUD—East Bay Municipal Utility Dist; GRD—Grand River Dam Auth; Grnt PUD—Grant Cnty PUD 2; Hnbl—city of Hannibal; LCRA—Lower Colorado
River Authority; M&T Irr—Modesto & Turlock Irr; Mrcd Irr—Merced Irr; NEPC—New England Power Co; Pgnt P&L—Pugent Sound Power & Light; Ptmc Comm—
Upper Potomac R Comm; Rclm B—Reclamation Board; Rkfd—city of Rockford; Sttl—city of Seattle; Tac—City of Tacoma; Vale USBR—50% Vale Irr 50% USBR;
WF&CWID—City of Wichita Falls and Wichita Cnty Water Improvement District No. 2; WMEC—Western MA Electric Co; YCWA—Yuba City Water Auth; Yolo
FC&W—Yolo Flood Control & Water Conserv Dist.
*
*
*
*
3. Revise § 208.19 to read as follows:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
purchase coverage through Affordable
Insurance Exchanges.
§ 208.19 Marshall Ford Dam and Reservoir
(Mansfield Dam and Lake Travis), Colorado
River, Texas.
Centers for Medicare & Medicaid
Services
DATES:
In the interest of flood control, the
Lower Colorado River Authority (LCRA)
shall operate the Marshall Ford Dam
and Reservoir in accordance with the
water control plan of regulation most
recently approved by the U.S. Army
Corps of Engineers (USACE), effective
on the date specified in the approval.
Information regarding the most recently
approved water control plan of
regulation may be obtained by
contacting the LCRA offices in Austin,
Texas, or the offices of the U.S. Army
Corps of Engineers, Fort Worth Engineer
District, in Fort Worth, Texas.
42 CFR Part 600
*
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■
Dated: December 13, 2013.
James C. Dalton,
Chief of Engineering and Construction, U.S.
Army Corps of Engineers.
[FR Doc. 2013–30497 Filed 12–20–13; 8:45 am]
BILLING CODE 3720–58–P
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Basic Health Program: Proposed
Federal Funding Methodology for
Program Year 2015
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed methodology.
AGENCY:
This document provides the
methodology and data sources necessary
to determine federal payment amounts
made to states that elect to establish a
Basic Health Program certified by the
Secretary under section 1331 of the
Patient Protection and Affordable Care
Act (the Affordable Care Act) to offer
health benefits coverage to low-income
individuals otherwise eligible to
SUMMARY:
Frm 00035
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In commenting, refer to file
code CMS–2380–PN. Because of staff
and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–2380–PN, P.O. Box 8016,
Baltimore, MD 21244–8016.
ADDRESSES:
[CMS–2380–PN]
PO 00000
To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on January 22, 2014.
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]]>Agencies
[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Proposed Rules]
[Pages 77397-77399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30497]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 208
Flood Control Regulations, Marshall Ford Dam (Mansfield Dam and
Lake Travis), Colorado River, Texas
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Notice of proposed rulemaking and request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to amend
the rules regarding use and administration of Marshall Ford Dam
(Mansfield Dam and Lake Travis), Colorado River, Texas. In 1997, the
Lower Colorado River Authority (LCRA) completed repayment of the
federal government's contribution for acquisition and construction
costs related to Mansfield Dam. Subsequently, the United States Bureau
of Reclamation (USBR) relinquished all rights and obligations to the
project. However, the U.S. Department of the Interior and the USBR are
referenced as project stakeholders in the Flood Control Regulations.
Amending the referenced regulations to update project ownership will
eliminate the current discrepancy between the regulations and
associated project documents. The Fort Worth District of the Corps and
LCRA are finalizing a revised water control plan for Lake Travis. There
is no intent to publish the updated water control plan in the Federal
Register. Amending the regulations to indicate that the water control
plan has been superseded would eliminate the need to amend the
regulations each time the water control plan is modified.
DATES: Comments must be received by January 22, 2014.
ADDRESSES: You may submit comments, identified by docket number COE-
2013-0013, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: sandy.l.gore@usace.army.mil. Include the docket number, COE-
2013-0013, in the subject line of the message.
Mail: U.S. Army Corps of Engineers, ATTN: CECW-SWD (Sandy Gore),
441 G Street NW., Washington, DC 20314-1000.
Hand Delivery/Courier: Due to security requirements, we cannot
receive comments by hand delivery or courier.
Instructions: Direct your comments to docket number COE-2013-0013.
All comments received will be included in the public docket without
change and may be made available on-line at https://www.regulations.gov,
including any personal information provided, unless the commenter
indicates that the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, or otherwise protected, through regulations.gov or
email. The regulations.gov Web site is an anonymous access system,
which means we will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
directly to the Corps without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, we recommend that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If we cannot read your
comment because of technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment. Electronic
comments should avoid the use of any special characters, any form of
encryption, and be free of any defects or viruses.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov. All documents in the
docket are listed. Although listed in the index, some information is
not publicly available, such as CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.
FOR FURTHER INFORMATION CONTACT: Sandy Gore at 202-761-5237 or by email
at sandy.l.gore@usace.army.mil.
SUPPLEMENTARY INFORMATION:
[[Page 77398]]
Executive Summary
The purpose of this action is to amend the regulations to reflect
changes in ownership and responsibilities of flood control management
of Marshall Ford Dam (Mansfield Dam and Lake Travis) by the U.S. Army
Corps of Engineers (USACE) and the Lower Colorado River Authority
(LCRA) and to clarify that the published water control plan has been
superseded. Specifically, the objective is to amend 33 CFR 208 to
indicate:
(A) A change in project ownership. This will require revision of 33
CFR 208.11(e) List of Projects, which currently indicates USBR as the
project owner, and 33 CFR 208.19, which references the Secretary of the
Interior and the Bureau of Reclamation as the responsible party for
operating Marshall Ford Dam in the interest of flood control above
elevation 714.
(B) Revision of the Marshall Ford Dam (Mansfield Dam and Lake
Travis) water control plan in 2012.
(C) USACE intention to henceforth forego publication of the
Marshall Ford Dam (Mansfield Dam and Lake Travis) water control plan in
the Federal Register.
(D) USACE and LCRA as sources for obtaining information regarding
the most recently approved and therefore currently the effective water
control plan.
Background
Mansfield Dam was funded, planned, and built by the United States
Bureau of Reclamation (USBR) from February 1937 through September 1940.
The Lower Colorado River Authority (LCRA) acquired the land for the
project and paid for the majority of the costs related to the
hydroelectric power facilities. The USBR was the project owner while
LCRA was repaying the federal government contribution to the project.
LCRA completed repayment in May 1997, and the USBR relinquished all
rights and obligations to the project. USBR has formally requested
USACE revise the water control manual (of which the water control plan
is an integral part) and any other regulatory documents accordingly.
As a result of Section 7 of the Flood Control Act of 1944, the U.S.
Army Corps of Engineers (USACE) is responsible for prescribing a formal
water control plan for regulation of the Lake Travis storage space
allocated for flood control (elevation 681.0 to elevation 714.0). As
per ER 1110-2-241, Use of Storage Allocated for Flood Control and
Navigation at Non-Corps Projects (24 May 1990), paragraph 6.d.--Water
Control Plan and Manual, the Corps of Engineers is responsible for
developing the formal flood control regulation/water control plan,
documenting the plan in a water control manual, and furnishing a copy
of the manual to the project owner. A water control plan for Lake
Travis was published in the Federal Register (33 CFR 208.19) in May of
1951. Subsequently, 33 CFR part 208 was amended in April 1976, and
again in April 1979, by revising Section 208.19 to reflect revision of
the water control plan. Each of these three respective water control
plans, and Section 208.11, identifies the U.S. Department of the
Interior and/or the USBR as stakeholders in the project.
In 2012, based on results of a recent study, USACE--Fort Worth
District and LCRA finalized a jointly supported revision of the water
control plan for Lake Travis. There being no requirement for
publication of the water control plan in the Federal Register, USACE
plans to henceforth forego doing so. Also in 2012, USACE--Fort Worth
District and LCRA agreed on a formal Letter of Understanding (LOU) and
a Water Control Agreement (WCA) in accordance with ER 1110-2-241, Use
of Storage Allocated for Flood Control and Navigation at Non-Corps
Projects (24 May 1990). LCRA has agreed to sign the LOU and the WCA,
and adopt the new water control plan, upon amendment of the CFR to
indicate the last published water control plan (April 1979) has been
superseded.
Administrative Requirements
Plain Language
In compliance with the principles in the President's memorandum of
June 1, 1998, (63 FR 31855) regarding plain language, this preamble is
written using plain language. The use of ``we'' in this notice refers
to the U.S. Army Corps of Engineers. We have also used the active
voice, short sentences, and common everyday terms except for necessary
technical terms.
Paperwork Reduction Act
This action does not impose any new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. This proposed rule adjusts our civil penalty amounts to comply
with the requirements of the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended. Therefore, this action is not
subject to the Paperwork Reduction Act.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. For the Corps regulatory program
under Section 10 of the Rivers and Harbors Act of 1899, Section 404 of
the Clean Water Act, and Section 103 of the Marine Protection, Research
and Sanctuaries Act of 1972, the current OMB approval number for
information requirements is maintained by the Corps of Engineers (OMB
approval number 0710-0003).
Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice-and-comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations and small
governmental jurisdictions.
For purposes of assessing the impacts of this proposed rule on
small entities, a small entity is defined as: (1) A small business
based on Small Business Administration size standards; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district, or special district with a population of less than
50,000; or (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this proposed rule on
small entities, we believe that this action will not have a significant
economic impact on a substantial number of small entities. The proposed
rule is consistent with current agency practice, does not impose new
substantive requirements,
[[Page 77399]]
and therefore would not have a significant economic impact on a
substantial number of small entities.
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. We will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 33 CFR Part 208
Dams, Flood control, Intergovernmental relations, Reservoirs.
For the reasons set out in the preamble, the Corps proposes to
amend 33 CFR part 208 as follows:
PART 208--FLOOD CONTROL REGULATIONS
0
1. The authority citation for 33 CFR part 208 continues to read as
follows:
Authority: Sec. 7, 58 Stat. 890; 33 U.S.C. 709.
0
2. Amend Sec. 208.11(e) as follows:
0
a. Revise the entry for Marshall Ford Dam and Reservoir on the ``List
of Projects'' table; and
0
b. Revise footnote 4.
Sec. 208.11 Regulations for use of storage allocated for flood
control or navigation and/or project operation at reservoirs subject to
prescription of rules and regulations by the Secretary of the Army in
the interest of flood control and navigation.
* * * * *
(e) * * *
List of Projects
[Non-Corps projects with Corps regulation requirements]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Elev limits feet Area in acres
Project purpose Storage M.S.L. ---------------------- Authorizing Proj. owner \4\
Project name \1\ (1) State (2) County (3) Stream \1\ (4) \2\ (5) 1000 AF ---------------------- Upper Lower legis. \3\ (11) (12)
(6) Upper (7) Lower (8) (9) (10)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Marshall Ford Dam & Res...... TX.............. Travis.......... Colorado R...... F............... 779.8 714.0 681.0 29060 18955 PL 73-392....... LCRA.
NEIM............ 810.5 681.0 618.0 18955 8050 PL 78-534.......
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Cr--Creek; CS--Control Structure; Div--Diversion; DS--Drainage Structure; FG--Floodgate; Fk--Fork; GIWW--Gulf Intercoastal Waterway; Lk--Lake; L&D--Lock & Dam; PS--Pump Station; R--River;
Res--Reservoir.
\2\ F--Flood Control; N--Navigation; P--Corps Hydropower; E--Non Corps Hydropower; I--Irrigation; M--Municipal and/or Industrial Water Supply; C--Fish and Wildlife Conservation; A--Low Flow
Augmentation or Pollution Abatement; R--Recreation; Q--Water Quality or Silt Control.
\3\ FCA--Flood Control Act; FERC--Federal Energy Regulatory Comm; HD--House Document; PL--Public Law; PW--Public Works; RHA--River & Harbor Act; SD--Senate Document; WSA--Water Supply Act.
\4\ Appl Pwr--Appalachian Power; Chln PUD--Chelan Cnty PUD 1; CLPC--CT Light & Power Co; Dgls PUD--Douglas Cnty PUD 1; DWR--Department of Water Resources; EB-MUD--East Bay Municipal Utility
Dist; GRD--Grand River Dam Auth; Grnt PUD--Grant Cnty PUD 2; Hnbl--city of Hannibal; LCRA--Lower Colorado River Authority; M&T Irr--Modesto & Turlock Irr; Mrcd Irr--Merced Irr; NEPC--New
England Power Co; Pgnt P&L--Pugent Sound Power & Light; Ptmc Comm--Upper Potomac R Comm; Rclm B--Reclamation Board; Rkfd--city of Rockford; Sttl--city of Seattle; Tac--City of Tacoma; Vale
USBR--50% Vale Irr 50% USBR; WF&CWID--City of Wichita Falls and Wichita Cnty Water Improvement District No. 2; WMEC--Western MA Electric Co; YCWA--Yuba City Water Auth; Yolo FC&W--Yolo Flood
Control & Water Conserv Dist.
* * * * *
0
3. Revise Sec. 208.19 to read as follows:
Sec. 208.19 Marshall Ford Dam and Reservoir (Mansfield Dam and Lake
Travis), Colorado River, Texas.
In the interest of flood control, the Lower Colorado River
Authority (LCRA) shall operate the Marshall Ford Dam and Reservoir in
accordance with the water control plan of regulation most recently
approved by the U.S. Army Corps of Engineers (USACE), effective on the
date specified in the approval. Information regarding the most recently
approved water control plan of regulation may be obtained by contacting
the LCRA offices in Austin, Texas, or the offices of the U.S. Army
Corps of Engineers, Fort Worth Engineer District, in Fort Worth, Texas.
Dated: December 13, 2013.
James C. Dalton,
Chief of Engineering and Construction, U.S. Army Corps of Engineers.
[FR Doc. 2013-30497 Filed 12-20-13; 8:45 am]
BILLING CODE 3720-58-P
