[Federal Register Volume 68, Number 156 (Wednesday, August 13, 2003)]
[Notices]
[Page 48406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20649]



[[Page 48406]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[CGD05-03-003]


Navigable Waters and Jurisdiction; Lake Fontana, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of navigability determination.

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SUMMARY: The Coast Guard previously solicited comments regarding a 
proposed change to the agency navigability status of Lake Fontana, an 
impoundment of the Little Tennessee River, wholly located in western 
North Carolina. Based on the comments received, the Coast Guard has 
confirmed the original navigability determination of Lake Fontana had 
an adequate factual basis. For purposes of Coast Guard jurisdiction 
Lake Fontana will remain navigable.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Christine N. 
Cutter, Legal Advisor, Fifth Coast Guard District, at telephone number 
(757) 398-6291.

SUPPLEMENTARY INFORMATION: On February 19, 2003, we provided public 
notice and requested comments on the Coast Guard's intention to change 
the navigability status of Lake Fontana, NC, that has been in effect 
since 1954 (68 FR 8069). In response to that notice published in the 
Federal Register we received six comments on the proposed change.

Discussion of Comments

    The Swain County Chamber of Commerce and the Swain County Economic 
Development Commission provided comments that supported the proposed 
change for economic development reasons. One comment from a private 
individual questioned the necessity of the proposed change to the 
navigability determination citing a proposed rulemaking from the Coast 
Guard that would define ``waters subject to the jurisdiction of the 
United States'' as waters located on lands for which the United States 
has acquired title or controls. The authority cited 40 U.S.C. 255 
(recently re-codified at 40 U.S.C.S. 3111 and 3112) does not apply to 
the present situation. The North Carolina Wildlife Resources 
Commission, the Tennessee Valley Authority and the Department of the 
Army, Wilmington District, Corps of Engineers all submitted comments 
which opposed the change in navigability status based on evidence that 
the Little Tennessee River was used as a highway in substantial 
interstate commerce with historic logging operations. The Department of 
the Army, Wilmington District, Corps of Engineers considers the Little 
Tennessee River to be navigable from it mouth to Mile 114.7 in 
Franklin, North Carolina based on a 1985 navigability study and report 
which was provided to the Coast Guard for review. The report provides 
documentary evidence of substantial interstate commerce to include the 
waters of Lake Fontana.

Navigability Determination Remains Unchanged

    Based on the comments and supporting documentation received the 
Coast Guard has concluded that reliable evidence supports the original 
navigability determination of the Little Tennessee River. Therefore, 
the Coast Guard will not change its navigability determination of Lake 
Fontana and it will remain navigable for purposes of Coast Guard 
jurisdiction.
    The Coast Guard's administrative determination regarding a body of 
waters navigability status is solely for the purpose of administering 
and enforcing applicable laws and Coast Guard regulations.

    Dated: July 31, 2003.
Sally Brice-O'Hara,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-20649 Filed 8-12-03; 8:45 am]
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