2382 Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Proposed Rules 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Los Angeles 

ACO Branch, to make those findings. To be 

approved, the repair method, modification 

deviation, or alteration deviation must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) AMOCs approved previously for AD 

2014–12–13 are approved as AMOCs for the 

corresponding provisions of paragraphs (g) 

and (h) of this AD. 

(5) Except as required by paragraph (j)(1) 

of this AD: For service information that 

contains steps that are labeled as Required 

for Compliance (RC), the provisions of 

paragraphs (l)(5)(i) and (l)(5)(ii) of this AD 

apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or sub-step is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

sub-step. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(m) Related Information 

(1) For more information about this AD, 

contact Payman Soltani, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles ACO 

Branch, 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 562–627– 

5313; fax: 562–627–5210; email: 

payman.soltani@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740; 

telephone 562–797–1717; internet https://

www.myboeingfleet.com. You may view this 

referenced service information at the FAA, 

Transport Standards Staff, 1601 Lind Avenue 

SW, Renton, WA. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on 

December 28, 2017. 

John P. Piccola, Jr., 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–00109 Filed 1–16–18; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Chapter II 

[Docket No. CPSC–2017–0044] 

Clothing Storage Unit Tip Overs; 

Extension of Comment Period 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Advance notice of proposed 

rulemaking; extension of comment 

period. 

SUMMARY: The Consumer Product Safety 

Commission (Commission or CPSC) 

published an advance notice of 

proposed rulemaking (ANPR) regarding 

clothing storage unit (CSU) tip overs in 

the Federal Register on November 30, 

2017. The ANPR invited the public to 

submit written comments during a 60- 

day comment period, beginning on the 

ANPR publication date. In response to 

a request for an extension of the 

comment period, the Commission is 

extending the comment period by 75 

days. 

DATES: Submit comments by April 14, 

2018. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2017– 

0044, electronically or in writing: 

Electronic Submissions: You may 

submit electronic comments to the 

Federal eRulemaking Portal at: http://

www.regulations.gov, by following the 

instructions for submitting comments. 

The Commission does not accept 

comments submitted by electronic mail 

(email), except through 

www.regulations.gov. 

Written Submissions: You may submit 

written comments by mail, hand 

delivery, or courier to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 820, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice. All comments 

may be posted to: http://

www.regulations.gov without change, 

including any personal identifiers, 

contact information, or other personal 

information. Do not submit confidential 

business information, trade secret 

information, or other sensitive or 

protected information that you do not 

want to be available to the public. If you 

submit such information, the 

Commission recommends that you do so 

by mail, hand delivery, or courier. 

Docket: To read background 

documents or comments regarding this 

rulemaking, go to: http://

www.regulations.gov, insert docket 

number CPSC–2017–0044 in the 

‘‘Search’’ box, and follow the prompts. 

SUPPLEMENTARY INFORMATION: On 

November 30, 2017, the Commission 

published an ANPR in the Federal 

Register, initiating rulemaking under 

the Consumer Product Safety Act (15 

U.S.C. 2051–2089) and seeking 

comments and information regarding 

the risk of injury associated with CSU 

tip overs. 82 FR 56752. The ANPR 

provided a 60-day comment period, 

which will close on January 29, 2018. 

The American Home Furnishings 

Alliance (AHFA) has requested that the 

Commission extend the comment period 

an additional 75 days, given AHFA’s 

pending Freedom of Information Act (5 

U.S.C. 552) request for the raw data 

underlying the ANPR; the numerous 

subjects on which the ANPR seeks 

comments; and the time necessary to 

analyze the preliminary findings, 

complex issues, and substantial amount 

of data in the ANPR. 

The Commission grants this request, 

extending the comment period for an 

additional 75 days, until April 14, 2018. 

Alberta E. Mills, 

Acting Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2018–00552 Filed 1–16–18; 8:45 am] 

BILLING CODE 6355–01–P 

TENNESSEE VALLEY AUTHORITY 

18 CFR Part 1304 

RIN 3316–AA23 

Floating Cabin Regulation 

AGENCY: Tennessee Valley Authority. 

ACTION: Proposed rule. 

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 


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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 dbharrell@tva.gov. 

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/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 


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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 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 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 wateruse 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. 


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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 camarsalis@tva.gov; 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 

pdpropes@tva.gov. 

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; 


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(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 dbharrell@tva.gov. 

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 

■ 1. The authority citation for 18 CFR 

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 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. 

■ 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’’ and 

‘‘nonnavigable houseboats’’ and adding 

in their place the words ‘‘floating cabin’’ 

and ‘‘floating cabins’’, respectively; 

■ 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 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, 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 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 


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Federal Register / Vol. 83, No. 11 / Wednesday, January 17, 2018 / Proposed Rules 2387 

regulations. Existing floating cabins 

must be moored within the designated 

and approved harbor limits of a 

commercial marina that comply with 

§ 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 

§ 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 § 1304.404. As provided in 

§ 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 

§ 1304.406 and Section 9b of the TVA 

Act. 

■ 6. Amend § 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: 

§ 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. 

§ 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 (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 quartermile 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’’. 

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 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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