[Federal Register Volume 83, Number 11 (Wednesday, January 17, 2018)]
[Proposed Rules]
[Pages 2382-2387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00323]


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TENNESSEE VALLEY AUTHORITY

18 CFR Part 1304

RIN 3316-AA23


Floating Cabin Regulation

AGENCY: Tennessee Valley Authority.

ACTION: Proposed rule.

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SUMMARY: The Tennessee Valley Authority (TVA) is proposing 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 proposed amendments would 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 proposed amendments also include limited 
mooring standards, limitations on expansions of floating cabins, and 
requirements for owners to register their

[[Page 2383]]

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 proposed amendments contain a minor changes to 
clarify when TVA will allow some water-use facilities (e.g., docks) to 
be as large as 1,800 square feet.

DATES: Written comments must be received on or before March 19, 2018.

ADDRESSES: Send comments by mail or hand delivery to David B. Harrell, 
Program Manager, Floating Cabins, Tennessee Valley Authority, 260 
Interchange Park Drive, Lenoir City, TN 37772 or by email to 
<a href="/cdn-cgi/l/email-protection#3753555f564545525b5b7743415619505841"><span class="__cf_email__" data-cfemail="2e4a4c464f5c5c4b42426e5a584f00494158">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: David B. Harrell, 865-632-1327.

SUPPLEMENTARY INFORMATION: 

Legal Authority

    These proposed amendments are 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 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 2000 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/Shoreline-Construction/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

[[Page 2384]]

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 TVA 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 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 those 
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 proposed 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 
proposed 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, 2019, 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 
would encourage 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'' would 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 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 
human-habitation 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 TVA River 
System on or before December 16, 2016, may continue to be moored within 
harbor limits of a commercial marina or, if the floating cabin is not 
associated with a marina, along shoreline approved in writing by TVA on 
or before December 16, 2016. However, to prevent sprawl and to better 
contain the impacts of floating cabins, TVA would 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. Existing floating cabins without TVA 
permits would have to be moored within identified and approved harbor 
limits of commercial marinas that comply with 1304.404. 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 proposed amendments to regulations concerning 
floating cabins, the proposal 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 
quarter-mile 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.

[[Page 2385]]

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 proposal 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 proposal 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 distribution of power and responsibilities between 
the federal Government and States or Indian tribes. Nor will the 
proposal 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 proposal 
updates or clarifies TVA's regulations to align them with the status 
quo. First, the proposal 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 proposal also amends TVA's regulations to align better 
with its policy for allowing some obstructions, usually docks, to be 
larger than 1,000 square feet. Accordingly, the proposal 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 proposal 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 proposal. Moreover, nothing in this 
proposal 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

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), this notice announces TVA's intent to request approval 
from the Office of Management and Budget (OMB) for amendment of a 
currently approved information collection. The information collection 
requirements proposed under this rule for registration of floating 
cabins will be included within the Section 26a Permit Application 
information collection. For this information collection, we estimate an 
increase in the number of responses and the burden hours in the first 
year of the floating cabin registration process. The number of 
responses is estimated to increase from 1,500 to 3,700 in the first 
year, then return to close to the previous number in following years. 
The estimated burden per response remains at 2 hours. Therefore in the 
first year, the estimated burden will increase from 3,000 hours to 
7,400 hours. The estimated overall burden for the information 
collection will return to about 3,000 hours in following years.
    Title of Information Collection: Section 26a Permit Application.
    Current OMB Approval Number: 3316-0060.
    Type of Affected Public: Individuals or households, state or local 
governments, farms, businesses, or other for-profit organizations, 
federal agencies or employees, non-profit institutions, small 
businesses or organizations.
    Small Businesses or Organizations Affected: Yes.
    Federal Budget Functional Category Code: 452.
    Estimated Number of Annual Responses: 3,700.
    Estimated Total Annual Burden Hours: 7,400.
    Estimated Average Burden Hours per Response: 2.0.
    Need for and Use of Information: TVA Land Management activities and 
Section 26a of the Tennessee Valley Authority Act of 1933, as amended, 
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. The information is collected via paper forms and/or 
electronic submissions and is used to assess the impact of the proposed 
project on TVA land or land rights and statutory TVA programs to 
determine if the project can be approved. Rules for implementation of 
TVA's Section 26a responsibilities are published in 18 CFR part 1304.
    The information collection requirements in this proposed rule have 
been submitted for review by OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq.
    An Information Collection Request (ICR) document has been prepared 
by TVA, and a copy may be obtained from the Senior Privacy Program 
Manager: Christopher A. Marsalis, Tennessee Valley Authority, 400 W. 
Summit Hill Dr. (WT 5D), Knoxville, Tennessee 37902-1401; telephone 
(865) 632-2467 or by email at <a href="/cdn-cgi/l/email-protection#dcbfbdb1bdaeafbdb0b5af9ca8aabdf2bbb3aa"><span class="__cf_email__" data-cfemail="80e3e1ede1f2f3e1ece9f3c0f4f6e1aee7eff6">[email protected]</span></a>; or to the Agency 
Clearance Officer: Philip D. Propes, Tennessee Valley Authority, 1101 
Market Street (MP 2C), Chattanooga, Tennessee 37402-2801; telephone 
(423) 751-8593 or email at <a href="/cdn-cgi/l/email-protection#7b0b1f0b09140b1e083b0f0d1a551c140d"><span class="__cf_email__" data-cfemail="aedecadedcc1decbddeedad8cf80c9c1d8">[email protected]</span></a>.
    Under the Paperwork Reduction Act, TVA is soliciting public comment 
before the ICR is submitted to OMB for final review and approval. We 
are soliciting comment to:
    (1) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;

[[Page 2386]]

    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Comments on the ICR must be submitted to TVA by the date indicated 
above. Comments must be submitted by mail or hand delivery to David B. 
Harrell, Program Manager, Floating Cabins, Tennessee Valley Authority, 
260 Interchange Park Drive, Lenoir City, TN 37772 or by email to 
<a href="/cdn-cgi/l/email-protection#f397919b928181969f9fb3878592dd949c85"><span class="__cf_email__" data-cfemail="5d393f353c2f2f3831311d292b3c733a322b">[email protected]</span></a>.
    Comments may also be sent to OMB at: Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street 
NW, Washington, DC 20503, marked ``Attention: Desk Officer for 
Tennessee Valley Authority, OMB #3316-0060.'' Comments on the ICR will 
be summarized and included in the request for OMB 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 
proposes to amend 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

0
1. The authority citation for 18 CFR part 1304 continues to read as 
follows:

    Authority:  16 U.S.C 831-831ee.

0
2. Amend Sec.  1304.1 by revising the third sentence to read as 
follows:


Sec.  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 
Sec.  1304.101.
* * * * *

Subpart B--Regulation of Floating Cabins

0
3. Revise the subpart B heading to read as set forth above.
0
4. Revise Sec.  1304.100 to read as follows:


Sec.  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 on or before 
December 16, 2016, and other existing structures whose design and use 
is primarily for human habitation or occupation, 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 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.
0
5. Amend Sec.  1304.101:
0
a. By revising the section heading and paragraphs (a) and (b);
0
b. In paragraphs (c) introductory text and (c)(1) and (2) by removing 
the words ``nonnavigable houseboat'' and ``nonnavigable houseboats'' 
and adding in their place the words ``floating cabin'' and ``floating 
cabins'', respectively;
0
c. By revising paragraph (d);
0
d. In paragraph (e) by removing the words ``nonnavigable houseboats'' 
and adding in their place the words ``floating cabins'';
0
e. In paragraph (f) by removing the words ``nonnavigable houseboat'' 
and adding in their place the words ``floating cabin''; and
0
f. By adding paragraph (g).
    The revisions and additions read as follows:


Sec.  1304.101   Floating cabins.

    (a)(1)Floating cabins include nonnavigable houseboats approved by 
TVA on or before December 16, 2016, and other floating structures 
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 
human-habitation 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 Sec.  1304.409 applies.
    (b)(1) Owners of floating cabins are required to register the 
floating cabin with TVA before January 1, 2019. 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 
TVA-issued 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

[[Page 2387]]

regulations. Existing floating cabins must be moored within the 
designated and approved harbor limits of a commercial marina that 
comply with Sec.  1304.404. Alternatively, provided the owner obtained 
written approval from TVA pursuant to subpart A of this part 
authorizing mooring at such location on or before December 16, 2016, 
floating cabins may be moored 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, and 
at locations described by Sec.  1304.201(a)(1), (2), and (3). Existing 
floating cabins that have not been permitted by TVA must moor within 
designated and approved harbor limits of a commercial marina that 
complies with Sec.  1304.404. As provided in Sec.  1304.404, TVA may 
adjust harbor limits and require relocation of an existing floating 
cabin within the harbor limits.
    (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 without TVA approval; but 
owners are required to notify TVA and submit their proposed plans for 
rebuilding the floating cabin and submit a photo of the rebuilt 
floating cabin for TVA's records. Plans for any structural modification 
that alters the length, width or height of the floating cabin or any 
attached structures (such as decks or walkways) shall be submitted to 
TVA for review and approval pursuant to the requirements of subpart A 
of this part authorizing such construction. TVA will determine if 
modifying or rebuilding a floating cabin requires a new Section 26a 
permit and any new fees.
* * * * *
    (g) All floating cabins not in compliance with this part are 
subject to the applicable removal provisions of Sec.  1304.406 and 
Section 9b of the TVA Act.
0
6. Amend Sec.  1304.102 by removing the words ``nonnavigable 
houseboat'' and ``nonnavigable houseboats'' and adding in their place 
the words ``floating cabin'' and ``floating cabins'', respectively, 
wherever they appear, and by adding a sentence to the end of paragraph 
(a) and revising paragraph (c).
    The addition and revision read as follows:


Sec.  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 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.


Sec.  1304.103   [Removed and Reserved]

0
7. Remove and reserve Sec.  1304.103.
0
8. Amend Sec.  1304.204 by revising paragraphs (a), (b), and (n) to 
read as follows:


Sec.  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 (1) 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 
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 Sec.  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.
* * * * *


Sec.  1304.406   [Amended]

0
9. Amend Sec.  1304.406 in the first sentence by removing the words 
``nonnavigable houseboat'' and adding in their place the words 
``floating cabin''.
0
10. Amend Sec.  1304.412 by:
0
a. Adding in alphabetical order definitions for ``Existing floating 
cabin'' and ``New floating cabin'';
0
b. Removing the definition of ``Nonnavigable houseboat''; and
0
c. Adding in alphabetical order definitions for ``Rebuilding'' and 
``Tennessee River''.
    The additions read as follows:


Sec.  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 a 
floating cabin to the same 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,
VP Land & River Management.
[FR Doc. 2018-00323 Filed 1-16-18; 8:45 am]
 BILLING CODE 8120-08-P


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