59846 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations annual fee, and each person excepted II. Background impoundments, interbasin transfers and from paying an annual fee under Section 26a of the TVA Act requires certain water intakes. TVA will § 310.4(b)(1)(iii)(B), will be provided a that TVA’s approval be obtained prior to continue to require approval of these unique account number that will allow the construction, operation, or and other obstructions not set forth in that person to access the registry data maintenance of any dam, appurtenant Section III of this Interpretive Rule, for the selected area codes at any time works, or other obstruction affecting when located across, along, or in an for the twelve month period beginning navigation, flood control, or public upstream tributary reach. on the first day of the month in which lands or reservations across, along, or in The Tennessee River has a 41,000- the person paid the fee (‘‘the annual the Tennessee River or any of its square-mile drainage basin. Thousands period’’). To obtain access to additional tributaries. 16 U.S.C. 831y–1 (2012). of miles of upstream tributary reaches area codes of data during the first six TVA’s rules governing such approval ultimately flow into the Tennessee months of the annual period, each are codified at 18 CFR part 1304. The River, making it impractical to identify person required to pay the fee under rules include a permitting process each upstream tributary reach in this paragraph (c) must first pay $61 for each whereby applicants may request from rule. For the purpose of this rule, additional area code of data not initially TVA a permit for various structures upstream tributary reaches do not selected. To obtain access to additional such as boat docks, piers, shoreline include the following: area codes of data during the second six stabilization projects, dams, and (1) The Tennessee River; months of the annual period, each bridges, all of which qualify as (2) TVA reservoirs, (TVA reservoirs person required to pay the fee under ‘‘obstructions’’ under TVA’s regulations. are listed in Table 1); paragraph (c) must first pay $30 for each An obstruction is generally any man- (3) stream reaches within a TVA additional area code of data not initially made physical condition that during its reservoir, the 500-year floodplain of the selected. The payment of the additional continuance after completion Tennessee River, or both; fee will permit the person to access the impounds, checks, hinders, restricts, (4) stream reaches downstream of a additional area codes of data for the retards, diverts, or otherwise interferes TVA dam (these reaches are listed in remainder of the annual period. with the movement of water or of Table 2); and * * * * * objects on or in the water. Over the (5) stream reaches where TVA owns By direction of the Commission. years, TVA has found that certain property (whether fee-owned property or other property right, such as a right Donald S. Clark, obstructions because of their location, to flood) in or adjacent to the reach Secretary. the nature of their construction, or both have not discernibly interfered with the (including property adjacent to a TVA [FR Doc. 2016–20817 Filed 8–30–16; 8:45 am] operation or management of the TVA reservoir or downstream of a TVA dam). BILLING CODE 6750–01–P reservoir system. In particular, this has TVA will continue to review the occurred at locations across, along, or in proposed construction of obstructions certain tributary reaches that are located across, along, or in the above- upstream of the control or influence of listed five categories of reservoirs and TENNESSEE VALLEY AUTHORITY TVA’s reservoir system operations. For reaches. These reservoirs and stream 18 CFR Part 1304 the purpose of this rule, these are called reaches are controlled or influenced by upstream tributary reaches. At these the operation of TVA’s reservoir system. When Obstructions on Certain locations, certain obstructions have an As discussed in more detail below, Tributaries of the Tennessee River Do indiscernible impact on water surface individual members of the public are Not Require a Section 26a Permit from elevations in the reservoir system or the encouraged to contact a TVA the Tennessee Valley Authority flow or volume of water entering the representative for help in determining reservoir system and thereby do not whether their location is across, along, AGENCY: Tennessee Valley Authority. materially interfere with TVA’s flood or in a reservoir or stream reach in the ACTION: Interpretive Rule. control or navigation responsibilities. above-listed five categories or across, Furthermore, at these locations, TVA along, or in an upstream tributary reach. SUMMARY: The Tennessee Valley does not typically own property and III. Scope of Interpretive Rule Authority (TVA) is issuing guidance therefore construction does not affect or stating that certain structures, while interfere with the management of TVA’s TVA hereby clarifies that, going obstructions across, along, or in certain property. These obstructions include, forward, the construction of the tributaries of the Tennessee River, do but are not limited to, stream bank following obstructions across, along, or not need a Section 26a permit from stabilization, bridges and culverts, in an upstream tributary reach of the TVA, because they have an stream crossings, fences, launching Tennessee River, does not require a indiscernible effect on navigation, flood ramps, boat docks, piers, and certain Section 26a permit from TVA: control or public lands or reservations. fills and intakes. For these reasons, TVA (a) Stream bank, bed, or channel stabilization structures—Natural or DATES: Effective August 31, 2016. has determined that certain obstructions do not require approval pursuant to man-made obstructions to stabilize and FOR FURTHER INFORMATION CONTACT: Section 26a of the TVA Act when protect banks, beds, or channels of Rebecca C. Tolene, Vice President, located across, along, or in an upstream streams or excavated channels (e.g., Natural Resources, Tennessee Valley tributary reach of the Tennessee River. vegetation, riprap, gabions, fiber rolls, Authority, Knoxville, Tennessee (865– Conversely, based on years of stacked rock, retaining walls, etc.); 632–4433). permitting experience, TVA has found (b) Stream restoration, enhancement, SUPPLEMENTARY INFORMATION: that other obstructions across, along, or relocation, or treatment structures— in upstream tributary reaches do Natural or man-made obstructions for I. Legal Authority potentially interfere with the relocating a stream or for restoring or This interpretive rule is promulgated management of TVA’s reservoir system. improving the stream’s function (e.g., under the authority of the TVA Act, as These include, but are not limited to, weirs or sills, boulders, wing deflectors, amended, 16 U.S.C. 831–831ee. structures such as dams, log, brush, rock, trees, fill, etc.); VerDate Sep<11>2014 14:15 Aug 30, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\31AUR1.SGM 31AUR1 ehiers on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations 59847 (c) Bridges and culverts including Members of the public are responsible Property right—Any legal right acquired or riprap or other stabilization necessary for knowing whether their proposed reserved by TVA that concerns property, for their construction; construction project is located across, such as a right to flood private property. (d) Stream crossings—A stabilized along, or in an upstream tributary reach Reach—A segment of stream between two area or a structure (culvert, bridge, or or on TVA property. If your proposed locations. Tennessee River—The river reach from its fill) constructed across a stream to obstruction is located on TVA property, mouth at the Ohio River to its beginning provide a travel-way for people, in addition to a Section 26a permit for at mile 652, at the confluence of the livestock, equipment, or vehicles, the obstruction, approval from TVA to Holston and French Broad Rivers. including riprap or other stabilization use the property may be required. TVA Tributary—Any watercourse the contents of necessary for their construction; encourages members of the public to which, if not obstructed, diverted or (e) Fences, playgrounds, picnic tables, seek TVA’s help in identifying whether consumed, will ultimately flow into the benches, grills, and other recreational a Section 26a permit or TVA approval Tennessee River. structures; to use its property is necessary. For TVA reservoir—The impoundment created (f) Launching ramps and marine more information or assistance in by a TVA dam constructed across the railways; determining whether your project Tennessee River or one of its tributaries (g) Buoys; requires a Section 26a permit, contact (including all streams reaches impounded (h) Docks, piers, and other water-use TVA at 1–800–882–5263 or visit TVA’s by the dam). One dam may impound reaches of more than one stream. The facilities; Web site at tva.com. impounded stream reaches together form (i) Decks, gazebos, patios, and other Except as it applies to TVA’s regulations implementing Section 26a, the body of water (i.e., the reservoir) open structures; created by the construction of the dam. For (j) Enclosed land-based structures; this interpretive rule is not a substitute example, the construction of Douglas Dam (k) Water intakes with a combined for the requirements of any federal, impounded a portion of the French Broad peak withdrawal of less than 50,000 state, or local statute, regulation, River as well as many other stream reaches, gallons per day (0.08 cubic feet per ordinance, or code, including, but not including, but not limited to, portions of second) and having a pipe diameter less limited to, applicable building codes, Pigeon River, Nolichucky River, Flat Creek, than 6 inches; now in effect or hereafter enacted.