Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Rules and Regulations 13563 

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: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending 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) has 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 have 

finalized a revised water control plan 

for Lake Travis (Marshall Ford Dam, aka 

Mansfield Dam). 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control plan has been superseded would 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: Effective Date: April 10, 2014. 

ADDRESSES: U.S. Army Corps of 

Engineers, ATTN: CECW–SWD (Sandy 

Gore), 441 G Street NW., Washington, 

DC 20314–1000. 

FOR FURTHER INFORMATION CONTACT: 

Sandy Gore at 202–761–5237 or by 

email at sandy.l.gore@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

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superseded.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, 33 CFR part 

208 is amended: 

(A) A change in project ownership. 

The Corps is revising 33 CFR 208.11(e) 

List of Projects, and 33 CFR 208.19, to 

indicate that the LCRA, is 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 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. 

The Corps published the proposed 

rule in the Federal Register on 23 

December 2013 (78 FR 77397). The 

Corps did not receive any comments in 

response to the proposed rule. 

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 final rule does not impose any 

new information collection burden 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

Therefore, this action is not subject to 

the Paperwork Reduction Act. 

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 final 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 final rule on small entities, a 

small entity is defined as: (1) A small 

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13564 Federal Register / Vol. 79, No. 47 / Tuesday, March 11, 2014 / Rules and Regulations 

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 final rule on small 

entities, we believe that this action will 

not have a significant economic impact 

on a substantial number of small 

entities. The final rule is consistent with 

current agency practice, does not 

impose new substantive requirements, 

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 final 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 final rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States. This final 

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 amends 33 CFR 

part 208 as follows: 

PART 208—FLOOD CONTROL 

REGULATIONS 

■ 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. 

■ 2. Amend § 208.11(e) as follows: 

■ a. Revise the entry for ‘‘Marshall Ford 

Dam & Res’’ 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. 

* * * * * 

(e) * * * 

LIST OF PROJECTS

[Non-Corps projects with Corps Regulation Requirements] 

Project name 1

(1) 

State 

(2) 

County 

(3) 

Stream 1

(4) 

Project 

purpose 2

(5) 

Storage 

1000 AF 

(6) 

Elev limits feet M.S.L. Area in acres Authorizing 

legis.3

(11) 

Proj. 

owner 4

(12) Upper 

(7) 

Lower 

(8) 

Upper 

(9) 

Lower 

(10) 

*******

Marshall Ford Dam & Res ........... TX Travis ..... Colorado 

R.

F .............

NEIM ......

779.8 

810.5 

714.0 

681.0 

681.0 

618.0 

29060 

18955 

18955 

8050 

PL 73– 

392.

PL 78– 

534.

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. 2F—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. 3FCA—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. 4Appl 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: 

§ 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 March 6, 2014. 

Approved by: 

James C. Dalton, 

Chief of Engineering and Construction, U.S. 

Army Corps of Engineers. 

[FR Doc. 2014–05252 Filed 3–10–14; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0778; FRL–9907–56– 

Region 9] 

Disapproval of State Implementation 

Plan Revisions; Clark County, Nevada 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing disapproval 

of revisions to the Clark County portion 

of the Nevada State Implementation 

Plan (SIP). This action concerns 

affirmative defense provisions 

applicable to violations related to excess 

emissions from sources during 

equipment startup, shutdown and 

malfunction (SSM) events. Under 

authority of the Clean Air Act (CAA or 

the Act), this action identifies 

deficiencies with these provisions 

preventing EPA’s approval of them as 

SIP revisions. 

DATES: This rule is effective on April 10, 

2014. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2013–0778 for 

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