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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nonnavigable houseboats on its 

reservoir system except for those in 

existence on or before February 15, 

1978. The navigability criteria, however, 

largely have remained unchanged. 

A ‘‘nonnavigable houseboat’’ under 

TVA’s current regulations is identified 

as any houseboat not in compliance 

with the following criteria: 

Built on a boat hull or on two or more 

pontoons; 

Equipped with a motor and rudder 

controls located at a point on the 

houseboat from which there is forward 

visibility over a 180-degree range; 

Compliant with all applicable state 

and federal requirements relating to 

vessels; 

Registered as a vessel in the state of 

principal use; and 

State registration numbers clearly 

displayed on the vessel. 

Despite the nonnavigable houseboat 

prohibition, new nonnavigable 

houseboats in the form of floating cabins 

have been moored on TVA reservoirs. 

TVA estimates that approximately 2,000 

floating cabins and older nonnavigable 

houseboats are now moored on TVA 

reservoirs. Some developers and owners 

of these floating cabins have asserted 

that they are not nonnavigable 

houseboats because they have been 

designed to meet the criteria for 

navigability in TVA’s regulations. 

Whether or not this is true, these 

floating cabins are designed and used 

primarily for human habitation at a 

fixed location rather than for 

transportation or navigation. These 

floating cabins are a modern version of 

the pre-1978 nonnavigable houseboats 

that TVA addressed in its 1971 and 

1978 regulatory actions. They are not in 

any real sense watercraft, and absent 

action by TVA, the mooring of floating 

cabins on TVA reservoirs will continue 

to increase. Until now, TVA has 

discouraged the increased mooring of 

floating cabins without using the full 

scope of its regulatory authority under 

the TVA Act. 

In determining what action to take, 

TVA prepared an Environmental Impact 

Statement (EIS) in accordance with the 

National Environmental Policy Act. 

This EIS assesses the environmental and 

socioeconomic impacts of different 

policies to address the proliferation of 

floating cabins and nonnavigable 

houseboats on TVA’s reservoirs. TVA 

released a draft of this EIS for public 

comment in June 2015 and held four 

public meetings and a webinar to 

provide information about its analyses 

and to facilitate public involvement. 

Public reaction to this situation widely 

varied. 

Many members of the general public 

urged TVA to require the removal of all 

floating cabins because TVA’s reservoirs 

are public resources and owners of 

floating cabins are occupying public 

areas. Floating cabin owners generally 

supported additional reasonable 

regulation of their structures but argued 

against policies requiring their removal 

because of the investments they have 

made in the structures. Other 

commenters had concerns about 

discharges of black (sewage) and gray 

(showers, sinks, etc.) water from floating 

cabins and shock and electrocution risks 

associated with the electrical 

connections to floating cabins. 

Commenting agencies consistently 

supported better regulation of floating 

cabins. The final EIS and associated 

documents can be found at https://

www.tva.com/Environment/ShorelineConstruction/Floating-Cabins. 

After considering the comments it 

received during the EIS process and its 

analyses of impacts, TVA identified as 

its preferred policy one that establishes 

standards for floating cabins to enhance 

compliance with applicable water 

quality discharge requirements set by 

other agencies, adherence to electrical 

safety codes, and location of floating 

cabins within identified harbor limits of 

commercial marinas. Under the 

preferred policy, the mooring of 

additional floating cabins would be 

prohibited on the Tennessee River 

System of which TVA reservoirs are a 

part. All existing floating cabins, 

including nonnavigable houseboats, 

would have to be removed from the 

Tennessee River System by January 1, 

2036, and be subject to a regulatory 

program in the interim. On May 5, 2016, 

the TVA Board of Directors adopted the 

preferred policy with one exception— 

the Board changed the removal date to 

May 5, 2046. 

On December 16, 2016, the Water 

Infrastructure Improvements for the 

Nation Act (WIIN Act) was enacted by 

the United States Congress. Title IV 

Section 5003 related to floating cabins 

and amended the TVA Act to include 

Section 9b. This new section of the TVA 

Act specifically addresses floating 

cabins and provides that TVA may 

allow the use of floating cabins where 

the structure was located on waters 

under TVA’s jurisdiction as of 

December 16, 2016; and where the 

owner maintains the structure in 

accordance with reasonable health, 

safety, and environmental standards set 

by the TVA Board of Directors. Section 

9b also states that TVA may establish 

regulations to prevent the construction 

of new floating cabins and may levy fees 

to ensure compliance. 

Section 9b provides the circumstances 

under which TVA may require the 

removal of existing floating cabins; i.e., 

those located on waters under TVA’s 

jurisdiction as of December 16, 2016. 

For existing floating cabins that have a 

TVA permit as of December 16, 2016, 

TVA may not require their removal for 

15 years; i.e., until December 16, 2031. 

For existing floating cabins without 

permits on December 16, 2016, TVA 

may not require their removal for five 

years; i.e., until December 16, 2021. 

During these 15- and 5-year periods, 

however, TVA may levy necessary and 

reasonable fees to ensure compliance 

with TVA’s regulations. The new 

legislation also provides that, with 

respect to existing floating cabins, TVA 

‘‘shall approve and allow the use of the 

floating cabin on waters under the 

jurisdiction of [TVA] at such time and 

for such duration as (i) the floating 

cabin meets the requirements of [16 

U.S.C. 831h–3(b)]; and (ii) the owner of 

the floating cabin has paid any fee 

assessed pursuant to [16 U.S.C. 831h– 

3(c)].’’ 16 U.S.C. 831h–3(d)(1)(B). 

Section 9b of the TVA Act defines 

‘‘floating cabin’’ as a watercraft or other 

floating structure (1) primarily designed 

and used for human habitation or 

occupation; and (2) not primarily 

designed or used for navigation or 

transportation on the water. This final 

rule clarifies the type of structure that 

TVA will regulate as a floating cabin 

and updates TVA’s regulations to clarify 

that floating cabins placed on TVA 

waters after December 16, 2016, are 

prohibited. The final rule also 

establishes limited mooring 

requirements; clarifies limitations on 

expansions; and requires all owners of 

floating cabins to register their 

structures with TVA by January 1, 2020, 

regardless of whether they already have 

a Section 26a permit. Although this 

deadline allows plenty of time for 

owners to register their floating cabins, 

TVA encourages owners to begin the 

registration process without delay. A 

subsequent rulemaking will address: (1) 

The permitting process for existing 

floating cabins; (2) health, safety, and 

environmental standards; and (3) fees. 

Floating Cabins 

To more clearly describe the type of 

floating structure that TVA regulates, 

the term ‘‘nonnavigable houseboat’’ will 

be replaced in TVA’s Section 26a 

regulations with the term ‘‘floating 

cabin,’’ the term adopted by Congress in 

the WIIN Act. Floating cabins are 

structures determined by TVA, in its 

sole judgment, to be designed and used 

primarily for human habitation or 

occupation and not designed or used 


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primarily for navigation or 

transportation on the water. TVA’s 

judgment will be guided by, but not 

limited to, the following factors: 

1. Whether the structure is usually 

kept at a fixed mooring point; 

2. Whether the structure is actually 

used on a regular basis for 

transportation or navigation; 

3. Whether the structure has a 

permanent or continuous connection to 

the shore for electrical, plumbing, water, 

or other utility service; 

4. Whether the structure has the 

performance characteristics of a vessel 

typically used for navigation or 

transportation on the water; 

5. Whether the structure can be 

readily removed from the water; 

6. Whether the structure is used for 

intermittent or extended humanhabitation or occupancy; 

7. Whether the structure clearly has a 

means of propulsion and appropriate 

power/size ratio; 

8. Whether the structure is safe to 

navigate or use for transportation 

purposes. 

Mooring 

Existing floating cabins, i.e., those 

located on the Tennessee River System 

on or before December 16, 2016, may 

continue to be moored in the following 

locations: Within harbor limits of a 

commercial marina; if the floating cabin 

is not associated with a marina, along 

shoreline approved in writing by TVA 

on or before December 16, 2016; where 

moored prior to December 16, 2016, 

along shoreline where land rights exist 

for a Section 26a permit; or, where 

moored prior to December 16, 2016, 

along shoreline where the owner of the 

floating cabin is the owner or lessee of 

the proposed mooring location. To 

prevent sprawl and to better contain the 

impacts of floating cabins, TVA will not 

allow an existing floating cabin to 

relocate except to the harbor limits of a 

commercial marina that complies with 

18 CFR 1304.404, the TVA regulation 

governing commercial marina harbor 

limits. In some cases, existing floating 

cabins moored at a commercial marina 

are located outside of the designated 

harbor limits or the marina’s land 

ownership has changed since the harbor 

limits were originally designated. In 

these and other situations, TVA may 

require a floating cabin to relocate to 

another location within the marina’s 

harbor limits. Relocations to alternate 

marinas would require advance 

approval from TVA in the form of a new 

permit. 

Dock Size 

Separate from the amendments to 

regulations concerning floating cabins, 

the final rule would result in a minor 

change to clarify TVA’s intent 

concerning the size of some water-use 

facilities (e.g., docks). The current 

regulation requires water-use facilities 

to be sited within a 1000-square-foot 

rectangular or square area. The 

proposed change would allow some 

water-use facilities to be as large as 1800 

square feet, but only in one of two 

circumstances (1) where the water-use 

facility will be located in a subdivision 

recorded before November 1, 1999, and 

TVA permitted at least one water-use 

facility in the subdivision prior to 

November 1, 1999; or (2) if there is no 

subdivision, where the water-use 

facility will be located within a quartermile radius of another water-use facility 

that TVA permitted prior to November 

1, 1999. TVA’s current waiver or 

variance provisions, set forth in 

§§ 1304.212 and 1304.408 respectively, 

may allow even larger facilities where 

an applicant requests and justifies a 

waiver or variance, but such allowances 

shall be made in TVA’s discretion and 

on a case-by-case basis. 

Comments on the Proposed Rule and 

TVA’s Responses 

TVA received 32 comments during 

the public review period consisting of 

three letters and 29 emails. This 

includes one comment that TVA 

received after the comment-close date, 

which TVA will include. Comments 

were received from 28 individuals and 

four representatives of nongovernmental 

organizations. The following discussion 

describes the comments received, 

provides TVA’s response to the 

comments, and describes changes, if 

any, made by TVA to the rule based on 

the comments. Although several of the 

submitted comments do not pertain to 

the proposed rule published on January 

17, 2018, TVA appreciates the 

perspectives, interests, and concerns 

expressed by all commenters. 

Some of the comments were outside 

the scope of this rule and were more 

germane to the next phase of rulemaking 

where TVA will address: (1) The 

permitting process for existing floating 

cabins; (2) health, safety, and 

environmental standards; and (3) fees. 

Since August 2017, TVA has worked 

with a representative stakeholder group 

to develop more detailed rules and 

standards to guide future regulation of 

floating cabins. TVA expects to publish 

this second proposed rule and take 

public comments at a later date in 2018. 

1. Comments Related to Other 26aPermitted Structures and the Need for 

26a Regulations 

Comment: Some commenters stated 

that TVA’s regulations, standards, 

inspections, and fees should not 

discriminate against floating cabin 

owners and should apply consistently to 

all structures on TVA reservoirs such as 

private residential docks. Commenters 

asserted it is unfair and unreasonable to 

treat floating cabins differently from 

other 26a permitted structures. Some 

commenters stated that TVA is focusing 

on something that has never been a 

problem and docks are far more 

dangerous to navigation. 

TVA Response: Section 26a of the 

TVA Act requires the advance written 

approval of TVA for all floating cabins, 

private residential docks, and other 

obstructions. Since 1971 TVA has 

recognized the necessity to prohibit 

construction of new nonnavigable 

houseboats (the early version of floating 

cabins) and establish regulations 

exclusively for their authorization and 

management on TVA reservoirs. This 

was due to their unique nature as a 

habitable enclosed structure, amenities, 

and their impacts on navigation, public 

land, and water quality. The 2016 WIIN 

Act allows existing floating cabins to 

remain on the water only if the owner 

maintains the structure in accordance 

with reasonable health, safety, and 

environmental standards set by the TVA 

Board of Directors. 

TVA has previously established 

corresponding standards for private 

residential water use facilities. Subparts 

C and D of the TVA Section 26a 

regulations set forth the standards for 

private water use facilities such as boat 

docks in substantial detail and restrict 

these facilities in ways that floating 

cabins are not restricted. For example, 

living space or sleeping areas are 

prohibited; enclosed space is limited to 

32 square feet for storage; and toilets, 

sinks, and electrical appliances are not 

allowed. Electrical lines and service to 

private docks must be installed in 

compliance with all State and local 

electrical codes (satisfactory evidence of 

compliance to be provided to TVA upon 

request); and electrical service must be 

installed with an electrical disconnect 

that is located above the 500-year 

floodplain or flood risk profile 

whichever is higher, and is accessible 

during flood events. 

Floating cabins raise unique safety 

concerns because many have electrical 

service supplied by submerged 

electrical lines, and many are equipped 

with household appliances. 


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Concerning the impact of floating 

cabins, in its Environmental Impact 

Statement, TVA used an extensive 

amount of existing information and 

additional data collection and analysis 

to support its finding of potential 

impacts to human health and the 

environment from floating cabins. The 

finding of potential impacts are based 

on existing information, literature on 

the known effects on resources, 

comments by agencies and the public 

about impacts that they experience, 

internal TVA resource specialists, and 

professional judgment. The potential 

adverse impacts from sewage discharges 

into public waterways and the risk and 

potential harm to the public safety from 

poorly maintained electrical wiring are 

well established and understood. TVA 

acknowledged that the severity of 

current impacts is not well-sourced in 

available information. For example, 

TVA states that adverse water quality 

impacts cannot currently be associated 

with floating cabins, but available 

information, including the literature, 

supports TVA’s conclusion that the 

severity of impacts will increase if the 

proliferation of floating cabins is not 

controlled and operating standards are 

not established. It is appropriate that 

TVA acts to address such potential 

impacts before they become severe. 

2. Comments Related to Vessels 

Comment: I fail to see the distinction 

between my in-harbor water access for 

which I pay a monthly marina fee and 

TVA gets money from the marinas and 

the distinction between houseboats who 

move twice a year, and certainly 

between docks that literally jut out into 

the water in public (non-harbor-limits) 

that are not subject to annual fees as is 

proposed. 

TVA Response: TVA is authorized by 

the WIIN Act to charge compliance fees 

for floating cabins. Additionally, permit 

requests for private water use facilities 

such as docks are usually considered 

only where the applicant owns the 

shoreline, or as an adjacent landowner 

possesses the necessary deeded land 

rights over TVA land to the reservoir. 

TVA does not promulgate rules for 

vessels, only for obstructions. Vessels 

such as factory houseboats and wake 

board boats are regulated by the States 

and the U.S. Coast Guard. The States 

mandate and charge for vessel 

registration. EPA and the Coast Guard 

issue rules for the proper handling of 

sewage and waste from vessels. The 

Coast Guard regulates the building and 

manufacturing of recreational boats 

including houseboats under 33 CFR part 

183. This includes regulation of 

electrical and fuel systems, ventilation, 

loading capacity, and flotation 

requirements. 

Habitable structures such as floating 

cabins are subject to the same local, 

state, and federal laws and ordinances 

for management of sewage and waste 

water that apply to residences on land. 

Comment: Why do factory houseboats 

get to dump their grey water in the lake 

and no one goes after them or wake 

board boats get to intake water and then 

release out as grey water. Consider these 

differences in your evaluation as it 

seems to be so one-sided. 

TVA Response: The regulation of 

black water and gray water discharges is 

outside the scope of this rulemaking, 

but TVA notes that such discharges are 

regulated by the Coast Guard for vessels 

and by state agencies that are 

responsible for issuing National 

Pollutant Discharge Elimination System 

(NPDES) permits for facilities that 

discharge sewage or other wastewaters. 

3. TVA’s Interest in Safety Associated 

With Other Structures 

Comment: TVA has no interest in 

safety issues on shoreline docks and 

factory houseboats and there are far 

more of these in bad condition that 

should be subject to inspections. 

TVA Response: TVA disagrees. 

Current TVA Section 26a regulations 

and all permits require the owner to 

complete the approved facility in 

accordance with approved plans, and 

maintain it in a good state of repair and 

in good, safe, and substantial condition. 

If a facility is found to be in violation 

of the permit or in abandoned or 

derelict condition, the permit can be 

revoked and the owner required to 

remove the facility. TVA performs 

periodic compliance inspections along 

the shoreline to review existing facilities 

and detect violations. Also, see response 

to Comment Group 1. 

The States are responsible for 

enforcing boating laws, and the Coast 

Guard regulates the building and 

manufacturing of recreational boats 

including houseboats under 33 CFR part 

183. This involves areas such as 

electrical and fuel systems, ventilation, 

loading capacity, and flotation 

requirements. 

4. Comments Related to a Sunset 

Provision 

Comment: I request that you not 

overreach on Section 9b of the act thus 

creating a sunset, even though the 

sunset provision was overturned in the 

Water Rights Act. 

TVA Response: TVA will comply 

with Section 9b of the TVA Act as 

directed by the 2016 WIIN Act. There is 

no sunset provision in any existing or 

proposed regulations for floating cabins. 

Comment: I believe that our sizable 

investment should remain for us, our 

kids and our grandkids. Our ‘‘floating 

cabin’’ is within the harbor boundaries 

of a very nice marina, out of the main 

traffic flow, has holding tanks for both 

black and gray water and a signed 

contract for weekly pump outs. In 

addition, insurance is mandatory, as are 

slip fees for both our ‘‘floating cabin’’ as 

well as our pontoon boat. With concern 

for my kids and grandkids who are just 

learning to boat, ski, swim and fish; we 

all insist on a clean and safe 

environment. In addition, these 

recreational activities provide countless 

jobs for the restaurants, marinas, shops 

and service providers in the area. 

TVA Response: TVA will comply 

with Section 9b of the TVA Act as 

directed by the 2016 WIIN Act. There is 

no sunset provision in any existing or 

proposed regulations for floating cabins. 

5. Comments That Pertain to the Next 

Phase of Rulemaking 

Comment: Numerous commenters 

identified issues and made 

recommendations that do not pertain to 

the proposed amendments but will 

pertain to the next rulemaking phase. 

These included comments about the 

need for the following requirements: For 

sewage to be pumped or incinerated on 

board; for floating cabin owners to 

document the pump-out of sewage; for 

owners to maintain their floating cabins 

in a good state of repair; for TVA to offer 

a buy-back program to reduce the 

number of floating cabins; for TVA later 

to offer a limited number of permits 

back to the public; for floating cabins to 

be safe, clean, and well-maintained; for 

fees and regulations that incorporate the 

public’s input and that take into account 

the impact on owners of floating cabins 

on Boone Reservoir; for a prohibition on 

the use of unencased Styrofoam; for 

mooring lines to have reflective markers 

or buoys at locations that show boaters 

the angle of the cables under the water; 

and for buoys, lights, and signs to warn 

of navigation and electrocution risks. 

TVA Response: TVA acknowledges 

and appreciates these comments and 

anticipates the stated issues and 

recommendations will be addressed in 

the next rulemaking phase. 

6. Comments Related to the Private Use 

of Public Waters and Water Quality 

Comment: A number of commenters 

stated that they believed that floating 

cabins are an inappropriate private use 

of public resources. Floating cabins 

were referred to as ‘‘squatting’’ on 

public waters by one commenter who 


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also urged a no expansion policy and 

complete compliance of these structures 

with all environmental and safety 

regulations. One commenter stated that 

any plan that allows floating cabins to 

remain is unacceptable. Another 

commenter stated that allowing people 

to live in floating cabins is unfair to the 

original landowners who had to leave 

their property when the dams were 

built. One commenter stated that TVA’s 

mission requires the agency to preserve 

the environment by removing floating 

cabins from the river. 

TVA Response: TVA will comply 

with the direction provided by the U.S. 

Congress in the WIIN Act of 2016, 

which established Section 9b of the 

TVA Act. That legislation underscored 

TVA’s authority to regulate floating 

cabins, and expressly stated that TVA 

could prohibit floating cabins that were 

not located on waters under TVA’s 

jurisdiction as of December 16, 2016. 

Thus, this final rule clarifies that new 

structures are prohibited, which will 

prevent the proliferation of new 

structures and allow TVA to remove 

such new structures. 

With respect to existing floating 

cabins that were located on waters 

under TVA jurisdiction prior to or on 

December 16, 2016, the WIIN Act 

prohibits removal for a period of 5 or 15 

years from December 16, 2016, 

depending on whether the existing 

floating cabin received a TVA permit 

prior to December 16, 2016. After that, 

existing floating cabins may remain if: 

Maintained in compliance with 

reasonable standards as required by the 

TVA Board; fees are paid that are 

necessary and reasonable for ensuring 

compliance; a Section 26a permit is 

obtained by the deadline provided in 

the next phase of rulemaking; and the 

floating cabin remains in compliance 

with the terms and conditions of the 

permit. 

Comment: TVA has attempted 

unsuccessfully to reduce the mooring of 

floating cabins on the waters that it 

governs without using the full extent of 

its legal powers. This suggests that it is 

time for a more forceful solution. 

Furthermore, a 30-year grace period for 

removal of all existing houseboats is 

more than fair, given that the statute 

only requires 15 years to require 

removal. 16 U.S.C.A. 831h–3(d)(1)(A). 

While negative economic impacts on 

regulated parties are never desirable, 

preserving the nation’s water quality is 

of paramount importance. Prioritizing 

the needs of floating cabin owners over 

those people who make their living off 

the pristine environment of the 

Tennessee River Basin is unfair, and 

short sighted. In order to fulfill the 

purpose of Tennessee Valley Authority 

to preserve the environment of this area 

while promoting unified economic 

development, these floating cabins must 

be removed from the river. 

TVA Response: TVA recognizes the 

public’s concern with this issue. In its 

Environmental Impact Statement, TVA’s 

Preferred Policy would have required 

the removal of existing floating cabins 

after 30 years; however, Congress’s 

passage of the WIIN Act prevents TVA 

from mandating removal after 30 years. 

The WIIN Act does underscore TVA’s 

authority to prohibit new structures, 

however, which this final rule 

amendment clarifies. Only structures 

located on waters under TVA’s 

jurisdiction by December 16, 2016 may 

remain, and those structures must 

comply with TVA’s standards and fees. 

Structures installed after that date are 

prohibited, and TVA has the authority 

to remove them. Thus, the WIIN Act and 

this final rule help stop the proliferation 

of floating cabins. 

7. Comments Related to TVA’s 

Environmental Impact Statement and 

the 30-Year Sunset Policy That the TVA 

Board Adopted Prior to Passage of the 

WIIN Act of 2016 

Comment: A few commenters 

objected to TVA’s preferred alternative 

in TVA’s Environmental Impact 

Statement to remove floating cabins by 

2036, and the TVA Board’s May 2016 

Policy in which TVA determined that 

existing floating cabins should be 

removed by 2046. One commenter 

stated that TVA should change the 

removal date to 2036. 

TVA Response: These comments 

pertain to the management alternatives 

considered in the Floating Houses 

Policy Review EIS (February 2016). 

Although the TVA Board approved a 

policy on May 5, 2016, incorporating 

Alternative B2 from TVA’s EIS with a 

30-year ‘‘sunset’’ provision, that policy 

has been modified by subsequent 

legislation. In particular, the WIIN Act 

of 2016 amended the TVA Act to 

prevent the removal of floating cabins 

where (1) the floating cabins remain in 

compliance with TVA standards and 

fees and (2) the floating cabins existed 

on waters under TVA’s jurisdiction on 

or prior to December 16, 2016. Thus, 

there is no longer a sunset provision 

mandating removal of floating cabins in 

the future. As a result, Alternative B1 

from TVA’s EIS is being implemented 

for the future management of floating 

cabins. 

8. Comments in Support of the Final 

Rule 

Comment: Numerous commenters 

expressed general support for the final 

rule amendments. Many commented 

that TVA’s documentation, inventory, 

registration and inspection of floating 

cabins is an appropriate way to ensure 

owners are accountable for properly 

maintaining their structures. Others 

emphasized that TVA should regularly 

and fairly enforce the regulations. One 

commented that the rule should apply 

to houseboats as well. 

TVA Response: TVA acknowledges 

these comments and agrees with the 

need to have reasonable standards and 

rules, have consistent enforcement of 

regulations, and avoid any burdensome 

requirements. Fees will be set only to 

the extent needed to offset TVA’s costs 

for ensuring compliance as contained in 

Section 9b of the TVA Act and as 

directed by the WIIN Act of 2016. 

TVA does not regulate vessels or 

enforce boating laws. The States and the 

U.S. Coast Guard have this 

responsibility and authority. The Coast 

Guard regulates the building and 

manufacturing of recreational boats 

including houseboats under 33 CFR part 

183. This involves areas such as 

electrical and fuel systems, ventilation, 

loading capacity, and flotation 

requirements. 

Administrative Requirements 

A. Unfunded Mandates Reform Act and 

Various Executive Orders Including E.O. 

12866, Regulatory Planning and Review; 

E.O. 12898, Federal Actions To Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations; E.O. 13045, Protection of 

Children From Environmental Health 

Risks; E.O. 13132, Federalism; E.O. 

13175, Consultation and Coordination 

With Indian Tribal Governments; E.O. 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, and Use; E.O. 12988, Civil 

Justice Reform Act; and the Presidential 

Executive Order on Reducing Regulation 

and Controlling Regulatory Costs Dated 

January 30, 2017 

This final rule contains no federal 

mandates for state, local, or tribal 

government or for the private sector. 

TVA has determined it will not have a 

significant annual effect of $100 million 

or more or result in expenditures of 

$100 million in any one year by state, 

local, or tribal governments or by the 

private sector. The rule will not have a 

substantial direct effect on the States or 

Indian tribes, on the relationship 

between the Federal Government and 

the States or Indian tribes, or on the 


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44472 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 

distribution of power and 

responsibilities between the federal 

Government and States or Indian tribes. 

Nor will the rule have concerns for 

environmental health or safety risks that 

may disproportionately affect children, 

have significant effect on the supply, 

distribution, or use of energy, or 

disproportionally impact low-income or 

minority populations. Unified 

development and regulation of the 

Tennessee River System through an 

approval process for obstructions across, 

along, or in the river system, and 

management of United States-owned 

land entrusted to TVA are federal 

functions for which TVA is responsible 

under the TVA Act. In general, the final 

rule updates or clarifies TVA’s 

regulations to align them with the status 

quo. First, the final rule clarifies that no 

new structures are allowed and codifies 

(1) an updated definition for floating, 

habitable structures that are allowable 

on TVA reservoirs; (2) where such 

structures may be located; and (3) the 

types of modifications that are allowed. 

The final rule also amends TVA’s 

regulations to align better with its policy 

for allowing some obstructions, usually 

docks, to be larger than 1000 square feet. 

Accordingly, the rule has no 

implications for any of the referenced 

authorities, including the Presidential 

Executive Order on Reducing 

Regulation and Controlling Regulatory 

Costs dated January 30, 2017, which 

affects only ‘‘significant regulatory 

actions’’ as defined by Executive Order 

12866. 

B. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act, 

5 U.S.C. 605, TVA is required to prepare 

a regulatory flexibility analysis unless 

the head of the agency certifies that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The statute 

defines ‘‘small entity’’ as a ‘‘small 

business,’’ ‘‘small organization’’ (further 

defined as a ‘‘not-for-profit enterprise’’), 

or a ‘‘small governmental jurisdiction.’’ 

Most applications for water-use 

facilities are submitted by residential 

landowners for personal use. Since 

residential landowners are not 

businesses, not-for-profit enterprises, or 

small governmental jurisdictions, there 

are relatively few ‘‘small entities’’ 

affected by TVA’s final rule. Moreover, 

nothing in this rule significantly adds to 

the cost of applying for and constructing 

any regulated facility. Accordingly, this 

rule will not have a significant impact 

on a substantial number of small 

entities; no regulatory flexibility 

analysis is required; and TVA’s Chief 

Executive Officer has made the requisite 

certification. 

C. Paperwork Reduction Act 

Title of Information Collection: 

Section 26a Permit Application. 

Current OMB Approval Number: 

3316–0060. 

This rule contains information 

collection requirements for registration 

of floating cabins which have been 

submitted to the Office of Management 

and Budget (OMB) for approval. The 

information collection requirements 

under this rule will be included by 

amendment within the Section 26a 

Permit Application information 

collection. TVA provided burden 

information and requested comments on 

these requirements in the preamble to 

the proposed rule. No comments 

directed toward the information 

collection requirements were received. 

The only information collection 

activity contained in the rule is a 

requirement that owners of floating 

cabins register them with TVA. The 

registration includes: Photographs of the 

structure, drawings showing the size 

and shape of the floating cabin and 

attached structures, such as decks or 

slips, in reasonable detail; and a 

completed and signed TVA registration 

form. The registration form includes the 

owner’s mailing and contact 

information; the TVA permit or TVAissued numbers; the mooring location; 

how the floating cabin is moored; how 

electrical service is provided; how waste 

water and sewage is managed; and an 

owner’s signature. 

The information is necessary and will 

be used pursuant to TVA Land 

Management activities and Section 26a 

of the Tennessee Valley Authority Act 

of 1933, as amended, which require 

TVA to collect information relevant to 

projects that will impact TVA land and 

land rights and review and approve 

plans for the construction, operation, 

and maintenance of any dam, 

appurtenant works, or other obstruction 

affecting navigation, flood control, or 

public lands or reservations across, 

along, or in the Tennessee River or any 

of its tributaries. 

Respondents will be the owners of 

floating cabins. The estimated time to 

complete a registration is 2 hours. TVA 

estimates that, in the first year of the 

floating cabin registration process, the 

number of responses will increase from 

1,500 to 3,700. Accordingly, the 

estimated burden will increase from 

3,000 hours to 7,400 hours in the first 

year, and then return to about 3,000 

hours in following years. 

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. TVA will publish a 

document in the Federal Register 

announcing OMB’s approval. 

List of Subjects in 18 CFR Part 1304 

Administrative practice and 

procedure, Natural resources, 

Navigation (water), Rivers, Water 

pollution control. 

For the reasons set out in the 

preamble, the Tennessee Valley 

Authority amends 18 CFR part 1304 of 

the Code of Federal Regulations as 

follows: 

PART 1304—APPROVAL OF 

CONSTRUCTION IN THE TENNESSEE 

RIVER SYSTEM AND REGULATION OF 

STRUCTURES AND OTHER 

ALTERATIONS 

■ 1. The authority citation for part 1304 

continues to read as follows: 

Authority: 16 U.S.C 831–831ee. 

■ 2. Amend § 1304.1 by revising the 

third sentence to read as follows: 

§ 1304.1 Scope and intent. 

* * * By way of example only, such 

obstructions may include boat docks, 

piers, boathouses, buoys, floats, boat 

launching ramps, fills, water intakes, 

devices for discharging effluent, bridges, 

aerial cables, culverts, pipelines, fish 

attractors, shoreline stabilization 

projects, channel excavations, and 

floating cabins as described in 

§ 1304.101. * * * 

Subpart B—Regulation of Floating 

Cabins 

■ 3. Revise the subpart B heading to 

read as set forth above. 

■ 4. Revise § 1304.100 to read as 

follows: 

§ 1304.100 Scope and intent. 

This subpart prescribes requirements 

for floating cabins on the Tennessee 

River System. Floating cabins as applied 

to this subpart include existing 

nonnavigable houseboats approved by 

TVA and other existing structures, 

whose design and use is primarily for 

human habitation or occupation and not 

for navigation or transportation on the 

water. Floating cabins that were not 

located or moored on the Tennessee 

River System on or before December 16, 

2016, shall be deemed new floating 

cabins. New floating cabins are 

prohibited and subject to the removal 

provisions of this part and Section 9b of 

the TVA Act. No new floating cabins 

shall be moored, anchored, or installed 

on the Tennessee River System. Floating 


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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 44473 

cabins that were located or moored in 

the Tennessee River System on or before 

December 16, 2016 shall be deemed 

existing floating cabins. Existing floating 

cabins may remain moored on the 

Tennessee River System provided they 

remain in compliance with the rules in 

this part. 

■ 5. Amend § 1304.101: 

■ a. By revising the section heading and 

paragraphs (a) and (b); 

■ b. In paragraphs (c) introductory text 

and (c)(1) and (2) by removing the 

words ‘‘nonnavigable houseboat’’, 

‘‘Nonnavigable houseboats’’ and 

‘‘nonnavigable houseboats’’ and adding 

in their place the words ‘‘floating 

cabin’’, ‘‘Floating cabins’’ and ‘‘floating 

cabins’’, respectively, wherever they 

appear; 

■ c. By revising paragraph (d); 

■ d. In paragraph (e) by removing the 

words ‘‘nonnavigable houseboats’’ and 

adding in their place the words 

‘‘floating cabins’’; 

■ e. In paragraph (f) by removing the 

words ‘‘nonnavigable houseboat’’ and 

adding in their place the words 

‘‘floating cabin’’; and 

■ f. By adding paragraph (g). 

The revisions and additions read as 

follows: 

§ 1304.101 Floating cabins. 

(a)(1) Floating cabins include 

nonnavigable houseboats approved by 

TVA on or before December 16, 2016, 

and other floating structures moored on 

the Tennessee River System as of this 

date, and determined by TVA in its sole 

discretion to be designed and used 

primarily for human habitation or 

occupation and not designed and used 

primarily for navigation or 

transportation on the water. TVA’s 

judgment will be guided by, but not 

limited to, the following factors: 

(i) Whether the structure is usually 

kept at a fixed mooring point; 

(ii) Whether the structure is actually 

used on a regular basis for 

transportation or navigation; 

(iii) Whether the structure has a 

permanent or continuous connection to 

the shore for electrical, plumbing, water, 

or other utility service; 

(iv) Whether the structure has the 

performance characteristics of a vessel 

typically used for navigation or 

transportation on water; 

(v) Whether the structure can be 

readily removed from the water; 

(vi) Whether the structure is used for 

intermittent or extended humanhabitation or occupancy; 

(vii) Whether the structure clearly has 

a means of propulsion, and appropriate 

power/size ratio; 

(viii) Whether the structure is safe to 

navigate or use for transportation 

purposes. 

(2) That a structure could occasionally 

move from place to place, or that it 

qualifies under another federal or state 

regulatory program as a vessel or boat, 

are factors that TVA also will consider 

but would not be determinative. 

Floating cabins are not recreational 

vessels to which § 1304.409 applies. 

(b)(1) Owners of floating cabins are 

required to register the floating cabin 

with TVA before January 1, 2020. 

Floating cabin owners must submit 

certain required information with their 

registration. Registration shall include 

the following information: Clear and 

current photographs of the structure; a 

drawing or drawings showing in 

reasonable detail the size and shape of 

the floating cabin (length, width, and 

height) and attached structures, such as 

decks or slips (length, width, and 

height); and a completed and signed 

TVA registration form. The completed 

TVA registration form shall include the 

mailing and contact information of the 

owner(s); the TVA permit or TVAissued numbers (when applicable); the 

mooring location of the floating cabin; 

how the floating cabin is moored; how 

electrical service is provided; how waste 

water and sewage is managed; and an 

owner’s signature. 

(2) Existing floating cabins may 

remain on TVA reservoirs provided they 

stay in compliance with the rules 

contained in this part and pay any 

necessary and reasonable fees levied by 

TVA to ensure compliance with TVA’s 

regulations. Existing floating cabins 

must be moored at one of the following 

locations: 

(i) To the bank of the reservoir at 

locations where the owner of the 

floating cabin is the owner or lessee (or 

the licensee of such owner or lessee) of 

the proposed mooring location provided 

the floating cabin was moored at such 

location prior to December 16, 2016; 

(ii) At locations described by 

§ 1304.201(a)(1), (2), and (3) provided 

the floating cabin was moored at such 

location prior to December 16, 2016; 

(iii) To the bank of the reservoir at 

locations where the owner of the 

floating cabin obtained written approval 

from TVA pursuant to subpart A of this 

part authorizing mooring at such 

location on or before December 16, 

2016; or 

(iv) Within the designated and 

approved harbor limits of a commercial 

marina that complies with § 1304.404. 

As provided in § 1304.404, TVA may 

adjust harbor limits and require 

relocation of an existing floating cabin 

within the harbor limits. Accordingly, 

in the case of relocations that occur after 

December 16, 2016, an existing floating 

cabin can relocate only to the harbor 

limits of a commercial marina that 

complies with § 1304.404. 

(3) All floating cabins must be moored 

in such a manner as to: 

(i) Avoid obstruction of or 

interference with navigation, flood 

control, public lands or reservations; 

(ii) Avoid adverse effects on public 

lands or reservations; 

(iii) Prevent the preemption of public 

waters when moored in permanent 

locations outside of the approved harbor 

limits of commercial marinas; 

(iv) Protect land and landrights 

owned by the United States alongside 

and subjacent to TVA reservoirs from 

trespass and other unlawful and 

unreasonable uses; and 

(v) Maintain, protect, and enhance the 

quality of the human environment. 

* * * * * 

(d) Existing floating cabins shall be 

maintained in a good state of repair and 

may be maintained without additional 

approval from TVA. Existing floating 

cabins may be rebuilt to the same 

configuration, total footprint, and 

dimensions (length, width, and height) 

as permitted without additional TVA 

approval. Owners are required to notify 

TVA thirty days in advance and submit 

their proposed plans for rebuilding the 

floating cabin. Within thirty days of 

completion, owners must submit a 

photo of the rebuilt floating cabin for 

TVA’s records. Any expansion in 

length, width, or height is prohibited, 

except as approved in writing by TVA 

and necessary to comply with health, 

safety, and environmental requirements. 

* * * * * 

(g) All floating cabins not in 

compliance with this part are subject to 

the applicable removal provisions of 

§ 1304.406 and Section 9b of the TVA 

Act. 

■ 6. Amend § 1304.102 by: 

■ a. Revising the section heading; 

■ b. In paragraphs (a) and (b), removing 

the words ‘‘nonnavigable houseboat’’ 

and ‘‘nonnavigable houseboats’’ and 

adding in their place the words 

‘‘floating cabin’’ and ‘‘floating cabins’’, 

respectively, wherever they appear; 

■ c. Adding a sentence to the end of 

paragraph (a)’ and 

■ d. Revising paragraph (c). 

The addition and revisions read as 

follows: 

§ 1304.102 Numbering of floating cabins 

and transfer of ownership. 

(a) * * * If TVA provided a placard 

or tag, the tag must be displayed on a 


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44474 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Rules and Regulations 

1Though DEA has used the term ‘‘final order’’ 

with respect to temporary scheduling orders in the 

past, this document adheres to the statutory 

language of 21 U.S.C. 811(h), which refers to a 

‘‘temporary scheduling order.’’ No substantive 

change is intended. 

readily visible part of the outside of the 

floating cabin. 

* * * * * 

(c) A floating cabin moored at a 

location approved pursuant to the 

regulations in this subpart shall not be 

relocated and moored at a different 

location without prior approval by TVA, 

except for movement to a new location 

within the designated harbor limits of 

the same commercial dock or marina. 

§ 1304.103 [Removed and Reserved] 

■ 7. Remove and reserve § 1304.103. 

■ 8. Amend § 1304.204 by revising 

paragraphs (a), (b), and (n) to read as 

follows: 

§ 1304.204 Docks, piers, and boathouses. 

* * * * * 

(a) Docks, piers, boathouses, and all 

other residential water-use facilities 

shall not exceed a total footprint area of 

greater than 1,000 square feet, unless the 

proposed water-use facility will be 

located in an area of preexisting 

development. For the purpose of this 

regulation, ‘‘preexisting development’’ 

means either: The water-use facility will 

be located in a subdivision recorded 

before November 1, 1999, and TVA 

permitted at least one water-use facility 

in the subdivision prior to November 1, 

1999; or if there is no subdivision, 

where the water-use facility will be 

located within a quarter-mile radius of 

another water-use facility that TVA 

permitted prior to November 1, 1999. 

TVA may allow even larger facilities 

where an applicant requests and 

justifies a waiver or variance, set forth 

in §§ 1304.212 and 1304.408 

respectively, but such waivers or 

variances shall be made in TVA’s 

discretion and on a case-by-case basis. 

(b) Docks, boatslips, piers, and fixed 

or floating boathouses are allowable. 

These and other water-use facilities 

associated with a lot must be sited 

within a 1,000- or 1,800-square-foot 

rectangular or square area as required by 

§ 1304.204(a) at the lakeward end of the 

access walkway that extends from the 

shore to the structure. Access walkways 

to the water-use structure are not 

included in calculating the 1,000- or 

1,800-square foot area. 

* * * * * 

(n) Except for floating cabins 

approved in accordance with subpart B 

of this part, toilets and sinks are not 

permitted on water-use facilities. 

* * * * * 

§ 1304.406 [Amended] 

■ 9. Amend § 1304.406 in the first 

sentence by removing the words 

‘‘nonnavigable houseboat’’ and adding 

in their place the words ‘‘floating 

cabin’’. 

■ 10. Amend § 1304.412 by: 

■ a. Adding in alphabetical order 

definitions for ‘‘Existing floating cabin’’ 

and ‘‘New floating cabin’’; 

■ b. Removing the definition of 

‘‘Nonnavigable houseboat’’; and 

■ c. Adding in alphabetical order 

definitions for ‘‘Rebuilding’’ and 

‘‘Tennessee River System’’. 

The additions read as follows: 

§ 1304.412 Definitions. 

* * * * * 

Existing floating cabin means a 

floating cabin that was located or 

moored on the Tennessee River System 

on or before December 16, 2016. 

* * * * * 

New floating cabin means a floating 

cabin that was not located or moored on 

the Tennessee River System on or before 

December 16, 2016. 

* * * * * 

Rebuilding means replacement of all 

or a significant portion of an approved 

obstruction to the same configuration, 

total footprint, and dimensions (length, 

width, and height) as the approved 

plans, standards, and conditions of the 

Section 26a permit. 

* * * * * 

Tennessee River System means TVA 

reservoirs, the Tennessee River or any of 

the Tennessee River’s tributaries. 

* * * * * 

David L. Bowling, 

Vice President, Land & River Management. 

[FR Doc. 2018–18887 Filed 8–30–18; 8:45 am] 

BILLING CODE 8120–08–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–482] 

Schedules of Controlled Substances: 

Temporary Placement of NEthylpentylone in Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Temporary amendment; 

temporary scheduling order. 

SUMMARY: The Acting Administrator of 

the Drug Enforcement Administration is 

issuing this temporary scheduling order 

to schedule the synthetic cathinone, 1- 

(1,3-benzodioxol-5-yl)-2-(ethylamino)- 

pentan-1-one (N-ethylpentylone, 

ephylone) and its optical, positional, 

and geometric isomers, salts, and salts 

of isomers in schedule I. This action is 

based on a finding by the Acting 

Administrator that the placement of Nethylpentylone in schedule I of the 

Controlled Substances Act (CSA) is 

necessary to avoid an imminent hazard 

to the public safety. As a result of this 

order, the regulatory controls and 

administrative, civil, and criminal 

sanctions applicable to schedule I 

controlled substances will be imposed 

on persons who handle (manufacture, 

distribute, reverse distribute, import, 

export, engage in research, conduct 

instructional activities or chemical 

analysis, or possess), or propose to 

handle N-ethylpentylone. 

DATES: This temporary scheduling order 

is effective August 31, 2018, until 

August 31, 2020. If this order is 

extended or made permanent, the DEA 

will publish a document in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Thomas D. Sonnen, Diversion Control 

Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–2896. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

Section 201 of the CSA, 21 U.S.C. 811, 

provides the Attorney General with the 

authority to temporarily place a 

substance in schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 811(b) if he 

finds that such action is necessary to 

avoid an imminent hazard to the public 

safety. 21 U.S.C. 811(h)(1). In addition, 

if proceedings to control a substance 

permanently are initiated under 21 

U.S.C. 811(a)(1) while the substance is 

temporarily controlled under section 

811(h), the Attorney General may 

extend the temporary scheduling 1 for 

up to one year. 21 U.S.C. 811(h)(2). 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under section 202 of the CSA, 

21 U.S.C. 812, or if there is no 

exemption or approval in effect for the 

substance under section 505 of the 

Federal Food, Drug, and Cosmetic Act 

(FDCA), 21 U.S.C. 355. 21 U.S.C. 

811(h)(1). The Attorney General has 

delegated scheduling authority under 21 

U.S.C. 811 to the Administrator of the 

DEA. 28 CFR 0.100. 


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