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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations

b. Revising paragraphs e and f.
The revisions read as follows:

1204.1403

This final rule is effective October 12, 2021.

DATES:

FOR FURTHER INFORMATION CONTACT:

Available airport facilities.

e NASA owned but non-NASA
operated airfields. 1 Shuttle Landing Facility SLF may be made available on an individual emergency basis to a user with prior permission from the airfield operator.
2 Moffett Federal Airfield MFA
may be made available on an individual emergency basis to a user with prior permission from the airfield operator.
3 No facilities or services other than those described in this section are available except on an individual prior permission or emergency basis to any user.
f Status of facilities. Changes to the status of the KSC, WFF, and MFA
facilities will be published in appropriate current FAA or Department of Defense DOD aeronautical publications.
1204.1404

Amended
4. Amend 1204.1404 by removing and reserving paragraphs a1 and 3.
5. Amend 1204.1405 by revising paragraph c to read as follows:

1204.1405

Approving authority.

c Moffett Federal Airfield. Chief, Airfield Management Office, Ames Research Center, NASA.

FR Doc. 202119508 Filed 9921; 8:45 am BILLING CODE 751013P

TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
RIN 3316AA24

Floating Cabins Tennessee Valley Authority.
Final rule.

AGENCY:

The Tennessee Valley Authority TVA is publishing a final rule to amend its regulations that govern floating cabins located on the Tennessee River System. The unrestrained mooring of floating cabins on the Tennessee River System, if left unaddressed, would pose unacceptable risks to navigation, safety, the environment, and public lands. These amendments provide health, safety, and environmental standards as well as establish permitting standards with regard to rebuilding, modifying, or combining floating cabins.

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SUMMARY:

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Legal Authority This final rule is promulgated under the authority of the TVA Act, as amended, 16 U.S.C. 831831ee, Title V
of the Independent Offices Appropriations Act of 1955, 31 U.S.C.
9701, and OMB Circular No. A25.
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 TVAs approval. Nonnavigable structures, such as floating cabins, are obstructions that require TVAs approval. In addition, Section 9b of the TVA Act provides that TVA may require floating cabins to be maintained by the owner to reasonable health, safety, and environmental standards. Section 9b also authorizes TVA to levy fees on floating cabin owners as necessary and reasonable to ensure compliance.
Background
Nanette Smith, Team Lead, NASA Directives and Regulations.

ACTION:

David B. Harrell, 8656321327, 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:

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 purposes of navigation, flood control, and power production. Consistent with its mission, TVA also uses the system to improve water quality and water supply and to provide a wide range of public benefits, including recreation and natural resource stewardship.
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. 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 floating cabins. TVA
also owns, as agent for the United States, much of the shoreland and
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inundated land along and under its reservoir system.
Since 1971, pursuant to Section 26a, TVA has prohibited the mooring on the Tennessee River System of new floating cabins formerly nonnavigable houseboats that are designed and used primarily for human habitation or occupation and not for transportation on the water. In particular, TVA amended its regulations in 1971 to prohibit the mooring or anchoring of new nonnavigable houseboats except 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. In 1978, TVA reiterated the prohibited mooring of nonnavigable houseboats on the Tennessee River System except for those in existence on or before February 15, 1978.
Despite over 40 years of Section 26a regulations related to floating cabins, the number of floating cabins on the Tennessee River System continued to increase. In determining what action to take with respect to floating cabins, TVA prepared an Environmental Impact Statement EIS in accordance with the National Environmental Policy Act.
This EIS assessed the environmental and socioeconomic impacts of different policies to address the proliferation of floating cabins on the Tennessee River System. 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 varied widely.
Many members of the general public urged TVA to require the removal of all floating cabins since TVAs reservoirs are public resources and owners of floating cabins are occupying public areas. Owners of floating cabins 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 blackwater sewage and graywater showers, sinks, etc. 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
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