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. District of the Corps and LCRA are email. The regulations.gov Web site is B.S. Gilda, finalizing a revised water control plan an anonymous access system, which Captain, U.S. Coast Guard, Captain of the for . There is no intent to means we will not know your identity Port Sector Northern New England. publish the updated water control plan or contact information unless you [FR Doc. 2013–30387 Filed 12–20–13; 8:45 am] in the Federal Register. Amending the provide it in the body of your comment. BILLING CODE 9110–04–P regulations to indicate that the water If you send an email directly to the control plan has been superseded would Corps without going through eliminate the need to amend the regulations.gov, your email address will DEPARTMENT OF DEFENSE regulations each time the water control be automatically captured and included plan is modified. as part of the comment that is placed in Department of the Army, Corps of DATES: Comments must be received by the public docket and made available on Engineers January 22, 2014. the Internet. If you submit an electronic ADDRESSES: You may submit comments, comment, we recommend that you 33 CFR Part 208 identified by docket number COE– include your name and other contact 2013–0013, by any of the following Control Regulations, Marshall information in the body of your methods: Ford (Mansfield Dam and Lake comment and with any disk or CD–ROM Federal eRulemaking Portal: http:// Travis), , you submit. If we cannot read your www.regulations.gov. Follow the comment because of technical AGENCY: U.S. Army Corps of Engineers, instructions for submitting comments. difficulties and cannot contact you for DoD. Email: [email protected]. clarification, we may not be able to Include the docket number, COE–2013– ACTION: Notice of proposed rulemaking consider your comment. Electronic 0013, in the subject line of the message. and request for comments. comments should avoid the use of any Mail: U.S. Army Corps of Engineers, special characters, any form of SUMMARY: The U.S. Army Corps of ATTN: CECW–SWD (Sandy Gore), 441 Engineers (Corps) is proposing to amend G Street NW., Washington, DC 20314– encryption, and be free of any defects or the rules regarding use and 1000. viruses. administration of Marshall Ford Dam Hand Delivery/Courier: Due to Docket: For access to the docket to (Mansfield Dam and Lake Travis), security requirements, we cannot read background documents or Colorado River, Texas. In 1997, the receive comments by hand delivery or comments received, go to Lower Colorado River Authority (LCRA) courier. www.regulations.gov. All documents in completed repayment of the federal Instructions: Direct your comments to the docket are listed. Although listed in government’s contribution for docket number COE–2013–0013. All the index, some information is not acquisition and construction costs comments received will be included in publicly available, such as CBI or other related to Mansfield Dam. Subsequently, the public docket without change and information whose disclosure is the United States Bureau of Reclamation may be made available on-line at restricted by statute. Certain other (USBR) relinquished all rights and http://www.regulations.gov, including material, such as copyrighted material, obligations to the project. However, the any personal information provided, is not placed on the Internet and will be U.S. Department of the Interior and the unless the commenter indicates that the publicly available only in hard copy USBR are referenced as project comment includes information claimed form. stakeholders in the Flood Control to be Confidential Business Information Regulations. Amending the referenced (CBI) or other information whose FOR FURTHER INFORMATION CONTACT: regulations to update project ownership disclosure is restricted by statute. Do Sandy Gore at 202–761–5237 or by will eliminate the current discrepancy not submit information that you email at [email protected]. between the regulations and associated consider to be CBI, or otherwise project documents. The Fort Worth protected, through regulations.gov or SUPPLEMENTARY INFORMATION:

VerDate Mar<15>2010 19:04 Dec 20, 2013 Jkt 232001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\23DEP1.SGM 23DEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 77398 Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Proposed Rules

Executive Summary Corps of Engineers is responsible for or provide information to or for a The purpose of this action is to amend developing the formal flood control Federal agency. This includes the time the regulations to reflect changes in regulation/water control plan, needed to review instructions; develop, ownership and responsibilities of flood documenting the plan in a water control acquire, install, and utilize technology control management of Marshall Ford manual, and furnishing a copy of the and systems for the purposes of Dam (Mansfield Dam and Lake Travis) manual to the project owner. A water collecting, validating, and verifying information, processing and by the U.S. Army Corps of Engineers control plan for Lake Travis was maintaining information, and disclosing (USACE) and the Lower Colorado River published in the Federal Register (33 and providing information; adjust the Authority (LCRA) and to clarify that the CFR 208.19) in May of 1951. existing ways to comply with any published water control plan has been Subsequently, 33 CFR part 208 was previously applicable instructions and superseded. Specifically, the objective is amended in April 1976, and again in requirements; train personnel to be able to amend 33 CFR 208 to indicate: April 1979, by revising Section 208.19 to respond to a collection of (A) A change in project ownership. to reflect revision of the water control information; search data sources; This will require revision of 33 CFR plan. Each of these three respective complete and review the collection of 208.11(e) List of Projects, which water control plans, and Section 208.11, information; and transmit or otherwise currently indicates USBR as the project identifies the U.S. Department of the disclose the information. owner, and 33 CFR 208.19, which Interior and/or the USBR as stakeholders in the project. An agency may not conduct or references the Secretary of the Interior sponsor, and a person is not required to and the Bureau of Reclamation as the In 2012, based on results of a recent study, USACE—Fort Worth District and respond to, a collection of information responsible party for operating Marshall unless it displays a currently valid OMB Ford Dam in the interest of flood control LCRA finalized a jointly supported revision of the water control plan for control number. For the Corps above elevation 714. regulatory program under Section 10 of (B) Revision of the Marshall Ford Dam Lake Travis. There being no requirement for publication of the water control plan the Rivers and Harbors Act of 1899, (Mansfield Dam and Lake Travis) water Section 404 of the Clean Water Act, and control plan in 2012. in the Federal Register, USACE plans to henceforth forego doing so. Also in Section 103 of the Marine Protection, (C) USACE intention to henceforth Research and Sanctuaries Act of 1972, forego publication of the Marshall Ford 2012, USACE—Fort Worth District and LCRA agreed on a formal Letter of the current OMB approval number for Dam (Mansfield Dam and Lake Travis) information requirements is maintained water control plan in the Federal Understanding (LOU) and a Water Control Agreement (WCA) in by the Corps of Engineers (OMB Register. approval number 0710–0003). (D) USACE and LCRA as sources for accordance with ER 1110–2–241, Use of obtaining information regarding the Storage Allocated for Flood Control and Regulatory Flexibility Act (RFA), as most recently approved and therefore Navigation at Non-Corps Projects (24 Amended by the Small Business currently the effective water control May 1990). LCRA has agreed to sign the Regulatory Enforcement Fairness Act of plan. LOU and the WCA, and adopt the new 1996 (SBREFA), 5 U.S.C. 601 et seq. water control plan, upon amendment of Background The RFA generally requires an agency the CFR to indicate the last published to prepare a regulatory flexibility Mansfield Dam was funded, planned, water control plan (April 1979) has been analysis of any rule subject to notice- and built by the United States Bureau of superseded. and-comment rulemaking requirements Reclamation (USBR) from February Administrative Requirements under the Administrative Procedure Act 1937 through September 1940. The or any other statute unless the agency Lower Colorado River Authority (LCRA) Plain Language certifies that the rule will not have a acquired the land for the project and In compliance with the principles in significant economic impact on a paid for the majority of the costs related the President’s memorandum of June 1, substantial number of small entities. to the hydroelectric power facilities. 1998, (63 FR 31855) regarding plain Small entities include small businesses, The USBR was the project owner while language, this preamble is written using small organizations and small LCRA was repaying the federal plain language. The use of ‘‘we’’ in this governmental jurisdictions. government contribution to the project. notice refers to the U.S. Army Corps of For purposes of assessing the impacts LCRA completed repayment in May Engineers. We have also used the active of this proposed rule on small entities, 1997, and the USBR relinquished all voice, short sentences, and common a small entity is defined as: (1) A small rights and obligations to the project. everyday terms except for necessary business based on Small Business USBR has formally requested USACE technical terms. Administration size standards; (2) a revise the water control manual (of small governmental jurisdiction that is a which the water control plan is an Paperwork Reduction Act government of a city, county, town, integral part) and any other regulatory This action does not impose any new school district, or special district with a documents accordingly. information collection burden under the population of less than 50,000; or (3) a As a result of Section 7 of the Flood provisions of the Paperwork Reduction small organization that is any not-for- Control Act of 1944, the U.S. Army Act, 44 U.S.C. 3501 et seq. This profit enterprise which is independently Corps of Engineers (USACE) is proposed rule adjusts our civil penalty owned and operated and is not responsible for prescribing a formal amounts to comply with the dominant in its field. water control plan for regulation of the requirements of the Federal Civil After considering the economic Lake Travis storage space allocated for Penalties Inflation Adjustment Act of impacts of this proposed rule on small flood control (elevation 681.0 to 1990, as amended. Therefore, this action entities, we believe that this action will elevation 714.0). As per ER 1110–2–241, is not subject to the Paperwork not have a significant economic impact Use of Storage Allocated for Flood Reduction Act. on a substantial number of small Control and Navigation at Non-Corps Burden means the total time, effort, or entities. The proposed rule is consistent Projects (24 May 1990), paragraph 6.d.— financial resources expended by persons with current agency practice, does not Water Control Plan and Manual, the to generate, maintain, retain, or disclose impose new substantive requirements,

VerDate Mar<15>2010 17:16 Dec 20, 2013 Jkt 232001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\23DEP1.SGM 23DEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 246 / Monday, December 23, 2013 / Proposed Rules 77399

and therefore would not have a the Comptroller General of the United Authority: Sec. 7, 58 Stat. 890; 33 U.S.C. significant economic impact on a States. A major rule cannot take effect 709. substantial number of small entities. until 60 days after it is published in the ■ Federal Register. This rule is not a 2. Amend § 208.11(e) as follows: Congressional Review Act ‘‘major rule’’ as defined by 5 U.S.C. ■ a. Revise the entry for Marshall Ford The Congressional Review Act, 5 804(2). Dam and Reservoir on the ‘‘List of U.S.C. 801 et seq., as amended by the List of Subjects in 33 CFR Part 208 Projects’’ table; and ■ Small Business Regulatory Enforcement , Flood control, b. Revise footnote 4. Fairness Act of 1996, generally provides Intergovernmental relations, Reservoirs. that before a rule may take effect, the § 208.11 Regulations for use of storage For the reasons set out in the agency promulgating the rule must allocated for flood control or navigation preamble, the Corps proposes to amend and/or project operation at reservoirs submit a rule report, which includes a 33 CFR part 208 as follows: subject to prescription of rules and copy of the rule, to each House of the regulations by the Secretary of the Army in Congress and to the Comptroller General PART 208—FLOOD CONTROL the interest of flood control and navigation. of the United States. We will submit a REGULATIONS report containing this rule and other * * * * * required information to the U.S. Senate, ■ 1. The authority citation for 33 CFR (e) * * * the U.S. House of Representatives, and part 208 continues to read as follows: LIST OF PROJECTS [Non-Corps projects with Corps regulation requirements]

Project Storage Elev limits feet M.S.L. Area in acres Authorizing Proj. Project name 1 State County Stream 1 purpose 2 1000 AF legis. 3 owner 4 (1) (2) (3) (4) Upper Lower Upper Lower (5) (6) (7) (8) (9) (10) (11) (12)

******* Marshall Ford TX ...... Travis ...... Colorado R F ...... 779.8 714.0 681.0 29060 18955 PL 73–392 .... LCRA. Dam & Res. 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.

* * * * * DEPARTMENT OF HEALTH AND purchase coverage through Affordable ■ 3. Revise § 208.19 to read as follows: HUMAN SERVICES Insurance Exchanges. § 208.19 Marshall Ford Dam and Reservoir Centers for Medicare & Medicaid DATES: To be assured consideration, (Mansfield Dam and Lake Travis), Colorado Services comments must be received at one of River, Texas. the addresses provided below, no later In the interest of flood control, the 42 CFR Part 600 than 5 p.m. on January 22, 2014. Lower Colorado River Authority (LCRA) ADDRESSES: In commenting, refer to file shall operate the Marshall Ford Dam [CMS–2380–PN] and Reservoir in accordance with the code CMS–2380–PN. Because of staff water control plan of regulation most Basic Health Program: Proposed and resource limitations, we cannot recently approved by the U.S. Army Federal Funding Methodology for accept comments by facsimile (FAX) Corps of Engineers (USACE), effective Program Year 2015 transmission. on the date specified in the approval. You may submit comments in one of Information regarding the most recently AGENCY: Centers for Medicare & four ways (please choose only one of the approved water control plan of Medicaid Services (CMS), HHS. ways listed): ACTION: regulation may be obtained by Proposed methodology. 1. Electronically. You may submit contacting the LCRA offices in Austin, electronic comments on this regulation Texas, or the offices of the U.S. Army SUMMARY: This document provides the methodology and data sources necessary to http://www.regulations.gov. Follow Corps of Engineers, Fort Worth Engineer the ‘‘Submit a comment’’ instructions. District, in Fort Worth, Texas. to determine federal payment amounts made to states that elect to establish a 2. By regular mail. You may mail Dated: December 13, 2013. Basic Health Program certified by the written comments to the following James C. Dalton, Secretary under section 1331 of the address ONLY: Centers for Medicare & Chief of Engineering and Construction, U.S. Patient Protection and Affordable Care Medicaid Services, Department of Army Corps of Engineers. Act (the Affordable Care Act) to offer Health and Human Services, Attention: [FR Doc. 2013–30497 Filed 12–20–13; 8:45 am] health benefits coverage to low-income CMS–2380–PN, P.O. Box 8016, BILLING CODE 3720–58–P individuals otherwise eligible to Baltimore, MD 21244–8016.

VerDate Mar<15>2010 17:16 Dec 20, 2013 Jkt 232001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\23DEP1.SGM 23DEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS