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. 

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: http://

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 

http://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: 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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. 

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 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, 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Proposed Rules 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 

■ 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 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. 

* * * * * 

(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: 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 600 

[CMS–2380–PN] 

Basic Health Program: Proposed 

Federal Funding Methodology for 

Program Year 2015 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed methodology. 

SUMMARY: 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 

purchase coverage through Affordable 

Insurance Exchanges. 

DATES: 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. 

ADDRESSES: 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 http://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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS