Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 44465 

(i) No Alternative Actions and Intervals 

After the maintenance or inspection 

program, as applicable, has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) or 

intervals may be used unless the actions or 

intervals are approved as an alternative 

method of compliance (AMOC) in 

accordance with the procedures specified in 

paragraph (k)(1) of this AD. 

(j) Terminating Action for Certain ADs 

Accomplishing the actions required by this 

AD terminates all requirements of AD 2000– 

17–09, AD 2008–04–19 R1, and AD 2015–26– 

09 for ATR—GIE Avions de Transport 

Re ́gional Model ATR42–200, –300, and –320 

airplanes only. 

(k) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Section, Transport Standards Branch, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the International Section, send it 

to the attention of the person identified in 

paragraph (l)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Section, 

Transport Standards Branch, FAA; or the 

European Aviation Safety Agency (EASA); or 

ATR–GIE Avions de Transport Re ́gional’s 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(l) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA AD 

2017–0221R1, dated December 15, 2017, for 

related information. This MCAI may be 

found in the AD docket on the internet at 

http://www.regulations.gov by searching for 

and locating Docket No. FAA–2018–0391. 

(2) For more information about this AD, 

contact Shahram Daneshmandi, Aerospace 

Engineer, International Section, Transport 

Standards Branch, FAA, 2200 South 216th 

St., Des Moines, WA 980198; telephone and 

fax 206–231–3220. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) ATR ATR42–200/–300/–320, Time 

Limits Document (TL), Revision 8, dated 

October 17, 2016. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact ATR–GIE Avions de 

Transport Re ́gional, 1 Alle ́e Pierre Nadot, 

31712 Blagnac Cedex, France; telephone +33 

(0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; 

email continued.airworthiness@atraircraft.com; http://www.atr-aircraft.com. 

You may view this service information at the 

FAA, Transport Standards Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

(4) You may view this service information 

at the FAA, Transport Standards Branch, 

2200 South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Des Moines, Washington, on 

August 21, 2018. 

James Cashdollar, 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–18737 Filed 8–30–18; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release Nos. 33–10537; 34–83911; IA– 

4994; IC–33212] 

Delegation of Authority to General 

Counsel of the Commission 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is revising 

regulations with respect to the 

delegations of authority to the 

Commission’s General Counsel. The 

revisions are a result of the 

Commission’s experience with its 

existing rules and increase the 

efficiency of the adjudicatory process. 

DATES: This rule is effective August 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Brian J. Wong, Senior Counsel, and 

Benjamin L. Schiffrin, Associate General 

Counsel, Office of the General Counsel, 

(202) 551–5150, Securities and 

Exchange Commission, 100 F Street NE, 

Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission is revising the 

delegations of authority to its General 

Counsel as a result of the Commission’s 

experience with its existing rules and to 

increase the efficiency of the 

adjudicatory process. The changes make 

available to that process the resources of 

the Office of the General Counsel in 

timely disposing of procedural and 

other prehearing matters that are 

typically of a routine or noncontroversial nature. Congress has 

authorized such delegation by Public 

Law 87–592, 76 Stat. 394, 15 U.S.C. 

78d–1(a), which provides that the 

Commission ‘‘shall have the authority to 

delegate, by published rule or order, any 

of its functions to . . . an employee or 

employee board, including functions 

with respect to hearing, determining, 

ordering, certifying, reporting, or 


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44466 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 

otherwise acting as to any work, 

business or matter.’’ 

Accordingly, the Commission is 

amending its rules to delegate authority 

to the General Counsel to determine 

procedural requests and other nondispositive, prehearing matters with 

respect to administrative proceedings 

conducted pursuant to the Securities 

Act of 1933, 15 U.S.C. 77a et seq., the 

Securities Exchange Act of 1934, 15 

U.S.C. 78a et seq.; the Investment 

Company Act of 1940, 15 U.S.C. 80a–1 

et seq.; the Investment Advisers Act of 

1940, 15 U.S.C. 80b–1 et seq.; and the 

provisions of Rule 102(e) of the 

Commission’s Rules of Practice, 17 CFR 

201.102(e), that have been set for 

hearing before the Commission. Under 

this delegation, the General Counsel (or, 

under his or her direction, such persons 

as might be designated from time to 

time by the Chairman of the 

Commission) would perform functions 

such as fixing times and places for 

hearings after a proceeding has been 

authorized; adjusting or cancelling 

hearing dates; setting or modifying 

briefing schedules; staying the 

proceeding pending a related criminal 

proceeding or the Commission’s 

consideration of an offer of settlement; 

reducing or extending the time within 

which to file papers; modifying length 

limitations; denying or granting leave to 

file motions and other papers; resolving 

applications for confidential treatment 

or to maintain materials under seal; 

making rulings regarding the manner or 

timing of service or of the Division of 

Enforcement’s production of its 

investigative file; directing that the 

parties meet for a prehearing conference 

and scheduling or cancelling such a 

conference; issuing an order to show 

cause if a party fails to answer, respond 

to a dispositive motion, or otherwise 

defend the proceeding within the time 

provided; striking procedurally 

deficient filings; and other similarly 

routine matters that arise in 

administrative proceedings. 

The Commission does not delegate to 

the General Counsel functions with 

respect to issuing subpoenas, 

authorizing depositions, ruling upon the 

admissibility of evidence or upon 

motions to quash or to compel, 

presiding over a hearing or the taking of 

testimony, sanctioning a party, acting 

upon a dispositive motion, declaring a 

default, disposing of a claim or defense, 

or otherwise resolving or terminating 

the proceeding on the merits. This rule 

also does not affect the delegation of 

functions with respect to administrative 

proceedings conducted before an 

administrative law judge or other 

hearing officer, proceedings in which an 

initial or recommended decision has 

been issued, or proceedings in which a 

final order of the Commission has been 

issued. 

With respect to any proceeding in 

which the Chairman or the General 

Counsel has determined that separation 

of functions requirements or other 

circumstances would make 

inappropriate the General Counsel’s 

exercise of such functions, those 

functions are delegated to the Secretary 

of the Commission. Notwithstanding 

this delegation, the General Counsel 

may submit any matter he or she 

believes appropriate to the Commission. 

Furthermore, any action made by the 

General Counsel pursuant to delegated 

authority would be subject to 

Commission review as provided by 

Rules 430 and 431 of the Commission’s 

Rules of Practice, 17 CFR 201.430– 

201.431 and 15 U.S.C. 78d–1(b). 

Additionally, being of an inherently 

preliminary and interlocutory nature, 

any such action may be revisited by the 

Commission, on its own initiative or on 

request of a party, at any time before the 

Commission’s issuance of a final order 

resolving the proceeding. 

II. Administrative Law Matters 

The Commission finds, in accordance 

with the Administrative Procedure Act 

(‘‘APA’’), 5 U.S.C. 553(b)(3)(A), that 

these revisions relate solely to agency 

organization, procedures, or practice 

and do not constitute a substantive rule. 

Accordingly, the APA’s provisions 

regarding notice of rulemaking, 

opportunity for public comment, and 

advance publication of the amendments 

prior to their effective date are not 

applicable. These changes are therefore 

effective on August 31, 2018. For the 

same reason, and because these 

amendments do not affect the rights or 

obligations of non-agency parties, the 

provisions of the Small Business 

Regulatory Enforcement Fairness Act, 5 

U.S.C. 804(3)(C), are not applicable. 

Additionally, the provisions of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., which apply only when notice 

and comment are required by the APA 

or other law, are not applicable. These 

amendments do not contain any 

collection of information requirements 

as defined by the Paperwork Reduction 

Act of 1995, and in any event, agency 

information collections during the 

conduct of administrative proceedings 

are exempt from that Act. See 44 U.S.C. 

3518(c)(1)(B)(ii); 5 CFR 1320.4. Further, 

because the amendments impose no 

new burdens on private parties, the 

Commission does not believe that the 

amendments will have any impact on 

competition for purposes of Section 

23(a)(2) of the Exchange Act. 

III. Statutory Authority 

This rule is adopted pursuant to 

statutory authority granted to the 

Commission, including Section 19 of 

the Securities Act, 15 U.S.C. 77s; 

Sections 4A, 4B, and 23 of the Exchange 

Act, 15 U.S.C. 78d–1, 78d–2, and 78w; 

Section 38 of the Investment Company 

Act, 15 U.S.C. 80a–37; Section 211 of 

the Investment Advisers Act, 15 U.S.C. 

80b–11; and Section 3 of the SarbanesOxley Act of 2002, 15 U.S.C. 7202. 

List of Subjects in 17 CFR Part 200 

Administrative practice and 

procedure, Authority delegations 

(government agencies). 

Text of Amendments 

For the reasons set out in the 

preamble, the Commission is amending 

Title 17, Chapter II of the Code of 

Federal Regulations as follows: 

PART 200—ORGANIZATION; 

CONDUCT AND ETHICS; AND 

INFORMATION AND REQUESTS 

Subpart A—Organization and Program 

Management 

■ 1. The authority citation for Part 200, 

Subpart A continues to read in part as 

follows: 

Authority: 15 U.S.C. 77c, 77o, 77s, 77z–3, 

77sss, 78d, 78d–1, 78d–2, 78o–4, 78w, 

78ll(d), 78mm, 80a–37, 80b–11, 7202, and 

7211 et seq., unless otherwise noted. 

* * * * * 

■ 2. Section 200.30–7 is amended by: 

■ a. Redesignating paragraph (d) as 

paragraph (e); and 

■ b. Adding new paragraph (d) to read 

as follows: 

§ 200.30–7 Delegation of authority to 

Secretary of the Commission. 

* * * * * 

(d) The functions otherwise delegated 

to the General Counsel under § 200.30– 

14(i), with respect to any proceeding in 

which the Chairman or the General 

Counsel has determined, pursuant to 

§ 200.30–14(j), that separation of 

functions requirements or other 

circumstances would make 

inappropriate the General Counsel’s 

exercise of such delegated functions. 

* * * * * 

■ 3. Section 200.30–14 is amended by: 

■ a. Redesignating paragraphs (i) 

through (m) as paragraphs (k) through 

(o); 

■ b. Adding new paragraphs (i) and (j); 

and 

■ c. Revising newly redesignated 

paragraph (k). 


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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 44467 

The addition and revisions read as 

follows. 

§ 200.30–14 Delegation of authority to the 

General Counsel. 

* * * * * 

(i)(1) With respect to a proceeding 

conducted pursuant to the Securities 

Act of 1933, 15 U.S.C. 77a et seq., the 

Securities Exchange Act of 1934, 15 

U.S.C. 78a et seq.; the Investment 

Company Act of 1940, 15 U.S.C. 80a–1 

et seq.; the Investment Advisers Act of 

1940, 15 U.S.C. 80b–1 et seq.; and the 

provisions of Rule 102(e) of the 

Commission’s Rules of Practice, 17 CFR 

201.102(e), that has been set for hearing 

before the Commission pursuant to Rule 

110 of the Commission’s Rules of 

Practice, 17 CFR 201.110: 

(i) To determine procedural requests 

or similar prehearing matters; and 

(ii) To rule upon non-dispositive, 

prehearing motions. 

(2) Provided, however, that the 

General Counsel may not issue 

subpoenas, authorize depositions, rule 

upon the admissibility of evidence or 

upon motions to quash or to compel, 

preside over a hearing or the taking of 

testimony, sanction a party, act upon a 

dispositive motion, declare a default, 

dispose of a claim or defense, or 

otherwise resolve or terminate the 

proceeding on the merits. 

(j) Notwithstanding anything in 

paragraph (i) of this section, the 

functions described in paragraph (i) of 

this section are not delegated to the 

General Counsel with respect to 

proceedings in which the Chairman or 

the General Counsel determines that 

separation of functions requirements or 

other circumstances would make 

inappropriate the General Counsel’s 

exercise of such delegated functions. 

With respect to such proceedings, such 

functions are delegated to the Secretary 

of the Commission pursuant to 

§ 200.30–7. 

(k) Notwithstanding anything in 

paragraphs (g) or (i) of this section, in 

any case described in paragraphs (g) or 

(i) of this section in which the General 

Counsel believes it appropriate, he or 

she may submit the matter to the 

Commission. 

* * * * * 

By the Commission. 

Dated: August 22, 2018. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2018–18585 Filed 8–30–18; 8:45 am] 

BILLING CODE 8011–01–P 

TENNESSEE VALLEY AUTHORITY 

18 CFR Part 1304 

RIN 3316–AA23 

Floating Cabin Regulation 

AGENCY: Tennessee Valley Authority. 

ACTION: Final rule. 

SUMMARY: The Tennessee Valley 

Authority (TVA) is publishing a final 

rule to amend its regulations that govern 

floating cabins located on the Tennessee 

River and its tributaries. The mooring of 

floating cabins on the TVA reservoir 

system has increased, and TVA has 

determined that this poses an 

unacceptable risk to navigation, safety, 

and the environment. Left unaddressed, 

floating cabins convert the public waters 

under TVA’s management to private 

use. The amendments re-define 

nonnavigable houseboats and floating 

cabins using one term—‘‘floating 

cabins’’—and prohibit new floating 

cabins on TVA-managed reservoirs after 

December 16, 2016. The amendments 

also include limited mooring standards, 

limitations on expansions of floating 

cabins, and requirements for owners to 

register their floating cabins. Additional 

health, safety, and environmental 

standards for floating cabins will be 

addressed in a later rulemaking once 

TVA has had the opportunity to discuss 

such standards with various 

stakeholders. 

In addition, and separate from the 

updated rule amendments for floating 

cabins, these amendments contain 

minor changes to clarify when TVA will 

allow some water-use facilities (e.g., 

docks) to be as large as 1800 square feet. 

DATES: This final rule is effective 

October 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

David B. Harrell, 865–632–1327; Email: 

dbharrell@tva.gov or fc@tva.gov, Mail 

address: Tennessee Valley Authority, 

400 West Summit Hill Drive, WT 11A– 

K, Knoxville, TN 37902. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

This final rule is promulgated under 

the authority of the TVA Act, as 

amended, 16 U.S.C. 831–831ee, Title V 

of the Independent Offices 

Appropriations Act of 1955, 31 U.S.C. 

9701, and OMB Circular No. A–25. 

Under Section 26a of the TVA Act, no 

obstructions affecting navigation, flood 

control, or public lands or reservations 

shall be constructed, operated, or 

maintained across, along, or in the 

Tennessee River System without TVA’s 

approval. TVA has long considered 

nonnavigable structures such as floating 

cabins to be obstructions that require its 

approval. In addition, Section 9b of the 

TVA Act provides that TVA ‘‘may 

establish regulations to prevent the 

construction of new floating cabins.’’ 16 

U.S.C. 831h–3(e). 

Background and Proposed 

Amendments 

TVA is a multi-purpose federal 

agency that has been charged by 

Congress with promoting the wise use 

and conservation of the resources of the 

Tennessee Valley region, including the 

Tennessee River System. In carrying out 

this mission, TVA operates a system of 

dams and reservoirs on the Tennessee 

River and its tributaries for the purpose 

of navigation, flood control, and power 

production. Consistent with those 

purposes, TVA uses the system to 

improve water quality and water supply 

and to provide a wide range of public 

benefits including recreation. 

To promote the unified development 

and regulation of the Tennessee River 

System, Congress directed TVA to 

approve obstructions across, along, or in 

the river system under Section 26a of 

the TVA Act, as amended. 

‘‘Obstruction’’ is a broad term that 

includes, by way of example, boat 

docks, piers, boathouses, buoys, floats, 

boat launching ramps, fills, water 

intakes, devices for discharging 

effluents, bridges, aerial cables, culverts, 

pipelines, fish attractors, shoreline 

stabilization projects, channel 

excavations, and nonnavigable 

houseboats. TVA also owns, as agent for 

the United States, much of the shoreline 

and inundated land along and under its 

reservoir system. 

Since 1971, TVA has used its 

authority under Section 26a to prohibit 

the mooring on the Tennessee River 

System of new nonnavigable houseboats 

that are used primarily for habitation or 

occupation and not for navigation or 

water transportation. In particular, TVA 

amended its regulations in 1971 to 

prohibit the mooring or anchoring of 

new nonnavigable houseboats except for 

those in existence before November 21, 

1971. Criteria were established then to 

identify when a houseboat was 

considered ‘‘navigable’’ and the 

conditions under which existing 

nonnavigable houseboats would be 

allowed to remain. These criteria were 

characteristics that TVA determined 

were indicative of real watercraft; i.e., 

boats or vessels that are designed and 

used primarily to traverse water. Since 

1971, TVA has made minor changes to 

its regulations affecting nonnavigable 

houseboats, most notably in 1978 when 

TVA updated the prohibited mooring of 


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