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Flood Control Regulations, Marshall Ford

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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. 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 Lake Travis. 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CODE 9110–04–P regulations to indicate that the water If you send an email directly to the control plan has been superseded would Corps without going through eliminate the need to amend the regulations.gov, your email address will DEPARTMENT OF DEFENSE regulations each time the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 Flood Control Regulations, Marshall information in the body of your methods: Ford Dam (Mansfield Dam and Lake comment and with any disk or CD–ROM Federal eRulemaking Portal: http:// Travis), Colorado River, Texas 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.
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