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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
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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, as amended. In general, the final rule updates or clarifies TVAs regulations relating to the standards that floating cabins will be required to meet in order to remain on the Tennessee River System. The final rule will establish a charge for individuals or entities that request certain services from TVA relating to use of its property, reservoirs, and permitting for a floating cabin. Absent a request for these services for a Section 26a permit, no entity or individual would be forced to pay a charge. None of the charges would be applied retroactively. The final rule also amends TVAs regulations to clarify a date certain by which all unencased flotation must be removed from TVAs reservoirs.
The proposal also amends TVAs regulations to establish a time period after which TVA will deem a states water quality certification decision to be waived and proceed with processing of Section 26a permit applications. TVA
will continue to appropriately review specific requests in accordance with applicable laws, regulations, and Executive Orders.
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. TVAs Chief Executive Officer has certified that this 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 floating cabins are owned by individuals and not businesses, not-forprofit enterprises, or small governmental jurisdictions, and therefore relatively few small entities will be affected by TVAs proposal.
Even if the final rule tangentially impacts marinas that accommodate floating cabins, this represents only
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29% of marinas on TVA reservoirs.
Accordingly, this rule will not have a significant impact on a substantial number of small entities; no regulatory flexibility analysis is required; and TVAs Chief Executive Officer has made the requisite certification.
C. Paperwork Reduction Act Title of Information Collection Section 26a Permit Application.
OMB Approval Number: 33160060.
This rule contains information collection requirements for registration and permitting of floating cabins, which were approved by the Office of Management and Budget OMB on June 18, 2019.
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 1304APPROVAL 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. 831831ee.

2. Amend 1304.2 by:
a. Revising paragraphs a and b;
b. Revising the first sentence of paragraph c1 introductory text;
c. Revising paragraph c1i;
d. Revising paragraph c1iiA;
e. Revising the first sentence of paragraph c2i introductory text;
f. Revising paragraph c2iiA; and g. Revising paragraph d.
The additions and revisions read as follows:

1304.2

Application.

a If the facility is to be built on TVA
land, the applicant must, in addition to the other requirements of this part, own the fee interest in or have an adequate leasehold or easement interest of sufficient tenure to cover the normal useful life of the proposed facility in land immediately adjoining the TVA
land. If the facility is to be built on private land, the applicant must own the fee interest in the land or have an adequate leasehold or easement interest in the property where the facility will be located. If the facility is an existing floating cabin, it must meet the requirements of subpart B. TVA

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recognizes, however, that in some cases private property has been subdivided in a way that left an intervening strip of land between the upland boundary of a TVA flowage easement and the waters of the reservoir, or did not convey to the adjoining landowner the land underlying the waters of the reservoir.
In some of these situations, the owner of the intervening strip or underlying land cannot be identified or does not object to construction of water-use facilities by the adjacent landowner. In these situations, TVA may exercise its discretion to permit the facility, provided there is no objection from the fee owner of the intervening strip or underlying land. A TVA permit conveys no property interest. The applicant is responsible for locating the proposed facility on qualifying land and ensuring that there is no objection from any owner of such land. TVA may require the applicant to provide appropriate verification of ownership and lack of objection, but TVA is not responsible for resolving ownership questions. In case of a dispute, TVA may require private parties requesting TVA action to grant or revoke a TVA permit to obtain a court order declaring respective ownership and/or land rights. TVA may exercise its discretion to permit a facility on TVA
land that is located up or downstream from the land which makes the applicant eligible for consideration to receive a permit.
b Applications shall be addressed to Tennessee Valley Authority, at the appropriate Regional Watershed Office location as listed on the application and on TVAs website. To contact an office, call 18008825263 or email plic@
tva.gov. Applications are available on TVAs website.
c
1 By way of example only, minor facilities may include: boat docks, piers, rafts, boathouses, fences, steps, gazebos, and floating cabins.
i Completed application form. One copy of the application shall be prepared and submitted. Application forms are available on TVAs website.
The application shall include a project description which indicates what is to be built, removed, or modified, and the sequence of the work. Applications for floating cabins shall include written evidence that the floating cabin was located or moored on the Tennessee River System as of December 16, 2016, and detailed descriptions of mooring method, how electrical service is provided, and how wastewater is managed. An application to relocate a floating cabin to a marina shall include
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