Approval of Construction in the Tennessee River System; Revisions to Administrative Appeals Process; Job Title and Address Updates, 4620-4623 [2014-01676]
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Federal Register / Vol. 79, No. 19 / Wednesday, January 29, 2014 / Rules and Regulations
When commodities declared as ‘‘parts,’’
‘‘accessories,’’ or equipment are shipped
in bulk, or are otherwise not packaged,
packed, or sorted in accordance with
normal trade practices, the Customs
Officer may require evidence that the
shipment is not scrap. Such evidence
may include, but is not limited to, bills
of sale, orders and correspondence
indicating whether the commodities are
scrap or are being exported for use as
‘‘parts,’’ ‘‘accessories,’’ or equipment.
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PART 772—[AMENDED]
26. The authority citation for 15 CFR
Part 772 continues to read as follows:
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Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
8, 2013, 78 FR 49107 (August 12, 2013).
§ 772.1
[Amended]
27. Section 772.1 is amended by
revising the following definitions
‘‘Automated Export System (AES)’’,
‘‘export control document’’, ‘‘exporter’’,
and ‘‘NLR’’, to read as follows:
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§ 772.1 Definitions of terms as used in the
Export Administration Regulations (EAR).
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Automated Export System (AES). AES
is a nationwide system operational at all
ports and for all methods of
transportation through which export
shipment data required by multiple
agencies is filed electronically to U.S.
Customs and Border Protection, using
the efficiencies of Electronic Data
Interchange (EDI). AES allows the
export information to be collected
electronically and edited immediately.
For more information about AES, visit
the Bureau of Census Web site at:
https://www.census.gov/foreign-trade/
aes/ or see 15 CFR Part 30 the
Foreign Trade Regulations
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Export control document. A license;
application for license; any and all
documents submitted in accordance
with the requirements of the EAR in
support of, or in relation to, a license
application; application for
International Import Certificate;
Delivery Verification Certificate or
similar evidence of delivery; Electronic
Export Information (EEI) on the
Automated Export System (AES)
presented in connection with shipments
to any country; a Dock Receipt or bill of
lading issued by any carrier in
connection with any export subject to
the EAR and any and all documents
prepared and submitted by exporters
and agents pursuant to the export
clearance requirements of Part 758 of
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the EAR; a U.S. exporter’s report of
request received for information,
certification, or other action indicating a
restrictive trade practice or boycott
imposed by a foreign country against a
country friendly to the United States,
submitted to the U.S. Department of
Commerce in accordance with the
provisions of Part 760 of the EAR;
Customs Form 7512, Transportation
Entry and Manifest of Goods, Subject to
Customs Inspection and Permit, when
used for Transportation and Exportation
(T. & E.) or Immediate Exportation (I.E.);
and any other document issued by a
U.S. Government agency as evidence of
the existence of a license for the
purpose of loading onto an exporting
carrier or otherwise facilitating or
effecting an export from the United
States or any reexport of any item
requiring a license.
Exporter. The person in the United
States who has the authority of a
principal party in interest to determine
and control the sending of items out of
the United States.
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NLR. NLR (‘‘no license required’’) is a
symbol entered on the Electronic Export
Information filing on the Automated
Export System certifying that no license
is required.
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Dated: January 21, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2014–01604 Filed 1–28–14; 8:45 am]
BILLING CODE 3510–33–P
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
Approval of Construction in the
Tennessee River System; Revisions to
Administrative Appeals Process; Job
Title and Address Updates
Tennessee Valley Authority.
Final rule.
AGENCY:
ACTION:
The Tennessee Valley
Authority (TVA) is making nonsubstantive changes to Title 18 of the
Code of Federal Regulations. The
purpose of this rule is to amend the
process for issuing final determinations
on administrative appeals of permitting
decisions under section 26a of the TVA
Act. Formerly, final determinations
were made by the TVA Board of
Directors. In 2004, the TVA Act was
amended to change TVA’s governance
structure from a three-member, full time
board to a nine-member, part-time
SUMMARY:
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policy board with a chief executive
officer (CEO). Accordingly, the TVA
Board approved revisions to the section
26a appeals process to provide for an
appeal to the CEO followed by a
discretionary review by a committee of
the Board. The revised appeals process
is consistent with the new governance
structure. This rule amends TVA’s
published regulations to incorporate the
revisions approved by the Board and to
make the regulations consistent with the
change in TVA’s governance structure.
TVA is also making minor changes to
update addresses and job and
organizational titles.
DATES: This final rule is effective
January 29, 2014.
FOR FURTHER INFORMATION CONTACT:
Rebecca C. Tolene, Vice President
Natural Resources, Tennessee Valley
Authority, Knoxville, Tennessee, (865–
632–4433).
SUPPLEMENTARY INFORMATION:
I. Legal Authority
This rule is promulgated under the
authority of the Tennessee Valley
Authority Act of 1933, as amended, 16
U.S.C. 831–831ee.
II. Background
Section 26a of the TVA Act requires
that TVA’s approval be obtained prior to
the construction, operation, or
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. TVA’s rules governing such
approval are codified at 18 CFR Part
1304. The rules include an appeals
process whereby an applicant who is
not satisfied with an initial permitting
decision may obtain administrative
review of that decision.
Previously, when TVA was governed
by a three-member, full-time board,
dissatisfied applicants who exhausted
their intermediate appeal rights could
appeal TVA’s permitting decisions to
the full TVA Board for final
determination. That stage of the appeals
process became obsolete, however,
when Congress amended the TVA Act to
change TVA’s governance structure to a
nine-member, part-time policy board
with a chief executive officer. 118 Stat.
2963–2967, 16 U.S.C. 831a.
Hence, this rule amends the appeals
process to make it consistent with
TVA’s governance structure. Instead of
a final appeal to the full TVA Board,
dissatisfied applicants who have
exhausted their intermediate appeal
rights may appeal to TVA’s CEO, with
an opportunity for further discretionary
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review by a committee of the Board
(Committee). The Committee will
review the CEO’s decision only if one or
more Committee members determine
that extraordinary circumstances exist
that warrant further review. The rule
also makes minor changes necessary to
update addresses and job and
organizational titles.
TVA is promulgating this rule as a
direct final rule with an immediate
effective date. TVA did not publish a
notice of proposed rulemaking for this
rule because it is exempt from notice
and comment rulemaking requirements
under 5 U.S.C. 553(a)(2) and 553(b)(A)
and (b)(B). The rule relates to agency
management, and it is a rule of agency
organization, procedure, or practice.
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III. Administrative Requirements
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; and E.O. 12988,
Civil Justice Reform Act
The rule contains no federal mandates
for State, local or tribal governments or
for the private sector. Issuance of the
rule does not constitute a significant
regulatory action. The rule will not have
an annual affect on the economy of $100
million or more, and it will not result
in expenditures of $100 million in any
one year by state, local, and tribal
governments or the private sector. The
rule will not have a substantial direct
affect 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.
Unified development and regulation of
the Tennessee River system through an
approval process for obstructions in or
along 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.
The rule simply codifies a change in
TVA’s procedure for reviewing denials
of Section 26a permit applications. The
rule does not concern an environmental
health risk or safety risk that may
disproportionately affect children,
minority populations, or low-income
populations. The rule is not likely to
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have a significant adverse affect on the
supply, distribution, or use of energy.
List of Subjects in 18 CFR Part 1304
Administrative practice and
procedure, Natural resources,
Navigation (water), Rivers, Water
pollution control.
For the reasons set forth in the
preamble, title 18, Chapter XIII of the
Code of Federal Regulations is amended
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:
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Authority: 16 U.S.C. 831–831ee.
2. Amend § 1304.2 by revising
paragraph (b) to read as follows:
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§ 1304.2
Application.
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(b) Applications shall be addressed to
the Tennessee Valley Authority at the
appropriate Regional Watershed Office
location using the addresses provided
below. To contact an office, call 1–800–
882–5263. Applications are available on
TVA’s internet Web site and at the
addresses listed below.
(1) For Chickamauga and Nickajack
Reservoirs: 1101 Market Street, PSC
1E–C, Chattanooga, TN 37402–2801;
(2) For Apalachia, Blue Ridge,
Chatuge, Hiwassee, Nottely, and the
Ocoee Reservoirs: 4800 US Highway 64
West, Suite 102, MLO 1A–MRN,
Murphy, NC 28906;
(3) For Guntersville, Normandy, and
Tims Ford Reservoirs: 3696 Alabama
Highway 69, CAB 1A–GVA,
Guntersville, AL 35976–7196;
(4) For Cherokee, Douglas, and
Nolichucky Reservoirs and the French
Broad River: 3726 E. Morris Boulevard,
MOC 1A–MOT, Morristown, TN 37813–
1270;
(5) For Boone, Fort Patrick Henry
South Holston, Watauga, and Wilbur
Reservoirs and the Bristol Project: 106
Tri-Cities Business Park Drive, WTR
1A–GRT, Gray, TN 37615;
(6) For the Beech River Project,
Kentucky Reservoir, and the Lower
Duck River: 2835–A East Wood Street,
WTB 1A–PAT, Paris, TN 38242–5948;
(7) For Fontana, Fort Loudon, Great
Falls, Melton Hill, Norris, Tellico, and
Watts Bar Reservoirs, and the Little
Tennessee, Clinch, and Powell Rivers:
260 Interchange Park Dr., LCB 1A–LCT,
Lenoir City, TN 37772–5664;
(8) For Bear Creek, Cedar Creek, Little
Bear Creek, Upper Bear Creek, and the
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Duck and Elk Rivers, and Pickwick,
Wheeler and Wilson Reservoirs: P.O.
Box 1010, MPB 1H–M, Muscle Shoals,
AL 35662–1010.
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■ 3. Revise § 1304.3 to read as follows:
§ 1304.3
Delegation of authority.
The power to approve or disapprove
applications under this part is delegated
to the Vice President, Natural
Resources, or the designee thereof,
subject to appeal to the Chief Executive
Officer and discretionary review by a
designated committee of the TVA Board,
as provided in § 1304.6. The
administration of applications is
delegated to the Natural Resources staff
or the group with functionally
equivalent responsibilities.
■ 4. Revise § 1304.4 to read as follows:
§ 1304.4 Application review and approval
process.
(a) TVA shall notify the U.S. Army
Corps of Engineers (USACE) and other
federal agencies with jurisdiction over
the application as appropriate.
(b) If a hearing is held for any of the
reasons described in paragraph (c) of
this section, any interested person may
become a party of record by following
the directions contained in the hearing
notice.
(c) Hearings concerning approval of
applications are conducted (in
accordance with § 1304.5) when:
(1) TVA deems a hearing is necessary
or appropriate in determining any issue
presented by the application;
(2) A hearing is required under any
applicable law or regulation;
(3) A hearing is requested by the
USACE pursuant to the TVA/Corps joint
processing Memorandum of
Understanding; or
(4) The TVA Investigating Officer
directs that a hearing be held.
(d) Upon completion of the review of
the application, including any hearing
or hearings, the Vice President or the
designee thereof shall issue an initial
decision approving or disapproving the
application. The basis for the decision
shall be set forth in the decision.
(e) Promptly following the issuance of
the decision, the Vice President or the
designee thereof shall furnish a written
copy of the decision to the applicant
and to any parties of record. The initial
decision shall become final unless an
appeal is made pursuant to § 1304.6.
■ 5. Revise § 1304.5 to read as follows:
§ 1304.5
Conduct of hearings.
(a) If a hearing is to be held for any
of the reasons described in § 1304.4(c),
TVA shall give notice of the hearing to
interested persons. Such notice may be
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given by publication in a daily
newspaper of general circulation in the
area of the proposed structure, personal
written notice, posting on TVA’s
Internet Web site, or by any other
method reasonably calculated to come
to the attention of interested persons.
The notice shall provide to the extent
feasible the place, date, and time of
hearing; the particular issues to which
the hearing will pertain; the manner of
becoming a party of record; and any
other pertinent information as
appropriate. The applicant shall
automatically be a party of record.
(b) Hearings may be conducted by any
such person or persons as may be
designated by the Vice President, the
Vice President’s designee, or the Chief
Executive Officer. Hearings are public
and are conducted in an informal
manner. Parties of record may be
represented by counsel or other persons
of their choosing. Technical rules of
evidence are not observed although
reasonable bounds are maintained as to
relevancy, materiality, and competency.
Evidence may be presented orally or by
written statement and need not be under
oath. Cross-examination by parties of
witnesses or others providing
statements or testifying at a hearing
shall not be allowed. After the hearing
has been completed, additional
evidence will not be received unless it
presents new and material matter that in
the judgment of the person or persons
conducting the hearing could not be
presented at the hearing. The Vice
President may arrange a joint hearing
with another federal agency where the
subject of an application will require the
approval of and necessitate a hearing by
or before that other agency. In TVA’s
discretion, the format of any such joint
hearing may be that used by the other
agency.
■ 6. Revise § 1304.6 to read as follows:
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§ 1304.6
Appeals.
(a) Decisions approving or
disapproving an application may be
appealed as provided in this section.
Decisions by the Vice President’s
designee may be appealed to the Vice
President and decisions by the Vice
President may be appealed to the Chief
Executive Officer, with the possibility of
further discretionary review by a
committee of the TVA Board.
(b) If a designee of the Vice President
issues an initial decision disapproving
an application or approving it with
terms and conditions deemed
unacceptable by the applicant, the
applicant may obtain the Vice
President’s review of that decision by
mailing within thirty (30) days after
receipt of the designee’s decision a
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written request to the Vice President,
Natural Resources, Tennessee Valley
Authority, 400 West Summit Hill Drive,
Knoxville, Tennessee 37902. Otherwise,
the initial decision of the Vice
President’s designee becomes final.
(c) If the Vice President, either
initially or as the result of an appeal,
disapproves an application or approves
it with terms and conditions deemed
unacceptable by the applicant, the
applicant may obtain the Chief
Executive Officer’s review of that
decision by mailing within thirty (30)
days after receipt of the decision a
written request to the Chief Executive
Officer, Tennessee Valley Authority,
400 W. Summit Hill Drive, Knoxville,
Tennessee 37902. Otherwise, the Vice
President’s decision becomes final.
(d) The decision of the Chief
Executive Officer shall become final
unless a request for discretionary review
by a committee of the Board
(Committee) is justified by extraordinary
circumstances and mailed within thirty
(30) days after receipt of the decision to
the attention of Board Services,
Tennessee Valley Authority, 400 West
Summit Hill Drive, Knoxville,
Tennessee 37902. If within 60 days of
such a request, one or more members of
the Committee indicate that there are
extraordinary circumstances warranting
further review, the matter will be
reviewed by the Committee. Otherwise,
the Chief Executive Officer’s decision
becomes final. The Committee will
schedule a meeting not more often that
twice a year as needed to hear
discretionary appeals. The Committee
decides what kind of process to use for
these appeals. Deliberations and voting
on the reviews will take place at these
meetings.
(e) Any interested party who becomes
a party of record at a hearing as set forth
in § 1304.4(b) and who is aggrieved or
adversely affected by any decision
approving an application may obtain
review by the Vice President or Chief
Executive Officer, as appropriate, and
may request discretionary review by the
Committee, in the same manner as an
applicant by adhering to the
requirements of paragraphs (b), (c), and
(d) of this section.
(f) All requests for review shall fully
explain the reasons the applicant or
other aggrieved party of record contends
that the decision below is in error, and
shall include a signed certification that
the request for review was mailed to
each party of record at the same time
that it was mailed to TVA. TVA shall
maintain lists of parties of record and
make those available upon request for
this purpose.
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(g) The applicant and any party of
record requesting review by the Vice
President or Chief Executive Officer
may submit additional written material
in support of their positions within
thirty (30) days after mailing the request
for review or during such additional
period as the Vice President or Chief
Executive Officer may allow.
(h) In considering an appeal, the Vice
President or Chief Executive Officer
may conduct or cause to be conducted
such investigation of the application as
he or she deems necessary or desirable,
and may appoint an Investigating
Officer. The Investigating Officer may be
a TVA employee or a person under
contract to TVA, and shall not have
been directly and substantially involved
in the decision being appealed. The
Investigating Officer may be the hearing
officer for any hearing held during the
appeal process. The Vice President or
Chief Executive Officer shall render a
decision approving or disapproving the
application based on a review of the
record and the information developed
during any investigation and/or
submitted by the applicant and any
parties of record.
(i) No applicant or party of record
shall contact the Chief Executive
Officer, Committee members, or any
other TVA Board member during the
appeal process, except as specified in
correspondence from the Chief
Executive Officer or from the Committee
Secretary. The appeal process runs from
the date of an appeal to the Chief
Executive Officer until a final resolution
of the matter.
(j) A written copy of the decision by
the Vice President or the Chief
Executive Officer shall be furnished to
the applicant and to all parties of record
promptly following determination of the
matter.
(k) In the event the Committee grants
a request for discretionary review,
notice of that decision and information
about the review shall be provided to
the person(s) requesting review and to
other parties of record in accordance
with the methods set forth in
§ 1304.5(a). Written notice of the
Committee’s final determination of the
appeal shall be provided to the
applicant and to all parties of record in
accordance with the methods set forth
in § 1304.5(a).
■ 7. In § 1304.412, add definitions of
‘‘Chief Executive Officer,’’
‘‘Committee,’’ and ‘‘TVA Investigating
Officer’’ in alphabetical order, and
revise the definition of ‘‘Vice
President,’’ to read as follows:
§ 1304.412
Definitions.
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Chief Executive Officer means the
Chief Executive Officer, TVA.
Committee means a committee of the
TVA Board of Directors that has been
designated by the TVA Board to hear
appeals under this regulation.
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TVA Investigating Officer means a
TVA employee or a person under
contract to TVA appointed by the Vice
President or the CEO to investigate any
issue concerning an appeal of a decision
on an application under this part.
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Vice President means the Vice
President, Natural Resources, TVA, or a
position with functionally equivalent
supervisory responsibilities.
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Public Law 111–148 (124 Stat. 119
(2010)), and as amended by section
10906 of the PPACA and section 1402(b)
of the Health Care and Education
Reconciliation Act of 2010, Public Law
111–152.
Rebecca C. Tolene,
Vice President, Natural Resources.
Correction of Publication
Accordingly, 26 CFR Part 31 is
corrected by making the following
correcting amendments:
Need for Correction
As published, the final regulations
(TD 9645), published November 29,
2013 (78 FR 71468), contain errors that
may prove to be misleading and are in
need of clarification.
List of Subjects in 26 CFR Part 31
Employment taxes, Income taxes,
Penalties, Pensions, Railroad retirement,
Reporting and recordkeeping
requirements, Social Security,
Unemployment compensation.
DEPARTMENT OF THE TREASURY
Internal Revenue Service
[FR Doc. 2014–01619 Filed 1–28–14; 8:45 am]
BILLING CODE 4830–01–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1630
Regulations To Implement the Equal
Employment Provisions of the
Americans With Disabilities Act
CFR Correction
In Title 29 of the Code of Federal
Regulations, Parts 900 to 1899, revised
as of July 1, 2013, on page 397, in the
Appendix to Part 1630, under Section
1630.2(o), after the third paragraph, the
following paragraph is reinstated:
Appendix to Part 1630—Interpretive
Guidance on Title I of the Americans
With Disabilities Act
■
26 CFR Part 31
[TD 9645]
Authority: 26 U.S.C. 7805 * * *
RIN 1545–BK54
Par. 2. Section 31.3101–2 is amended
by revising paragraph (d) to read as
follows:
■
Rules Relating to Additional Medicare;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document contains
corrections to final regulations (TD
9645) that were published in the
Federal Register on Friday, November
29, 2013. The final regulations are
relating to Additional Hospital
Insurance Tax on income above
threshold amounts, as added by the
Affordable Care Act.
DATES: This correction is effective
January 29, 2014 and applicable
beginning November 29, 2013.
FOR FURTHER INFORMATION CONTACT:
Andrew K. Holubeck, at (202) 317–4774
(not a toll free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
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Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
Paragraph 1. The authority citation
for part 31 continues to read in part as
follows:
BILLING CODE 8120–08–P
The final regulations (TD 9645) that
are the subject of this correction are
issued in connection with the
Additional Hospital Insurance Tax on
income above threshold amounts
(‘‘Additional Medicare Tax’’), as added
by section 9015 of the Patient Protection
and Affordable Care Act (PPACA),
15:55 Jan 28, 2014
apply to adjusted returns filed on or
after November 29, 2013.
PART 31—EMPLOYMENT TAXERS
AND COLLECTION OF INCOME TAX
AT THE SOURCE
[FR Doc. 2014–01676 Filed 1–28–14; 8:45 am]
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§ 31.3101–2 Rates and computation of
employee tax.
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(d) Effective/applicability date.
Paragraphs (a), (b), and (c) of this
section apply to quarters beginning on
or after November 29, 2013.
Par. 3. Section 31.6011(a)–1 is
amended by revising the first sentence
of paragraph (g) to read as follows:
■
§ 31.6011(a)–1 Returns under Federal
Insurance Contributions Act.
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(g) * * * An employee who is paid
wages, as defined in section 3121(a),
subject to the tax under section
3101(b)(2) (Additional Medicare Tax),
must make a return for the taxable year
in respect of such tax. * * *
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Par. 4. Section 31.6413(a)–2 is
amended by revising paragraph (e) to
read as follows:
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Section 1630.2(o)
Accommodation
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BILLING CODE 1505–01–D
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(e) Effective/applicability date.
Paragraphs (a) and (b) of this section
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[FR Doc. 2014–01850 Filed 1–28–14; 8:45 am]
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Reasonable
Part 1630 lists the examples, specified in
title I of the ADA, of the most common types
of accommodation that an employer or other
covered entity may be required to provide.
There are any number of other specific
accommodations that may be appropriate for
particular situations but are not specifically
mentioned in this listing. This listing is not
intended to be exhaustive of accommodation
possibilities. For example, other
accommodations could include permitting
the use of accrued paid leave or providing
additional unpaid leave for necessary
treatment, making employer provided
transportation accessible, and providing
reserved parking spaces. Providing personal
assistants, such as a page turner for an
employee with no hands or a travel attendant
to act as a sighted guide to assist a blind
employee on occasional business trips, may
also be a reasonable accommodation. Senate
Report at 31; House Labor Report at 62;
House Judiciary Report at 39.
§ 31.6413(a)–2 Adjustments of
overpayments.
PO 00000
*
E:\FR\FM\29JAR1.SGM
29JAR1
]]>Agencies
[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Rules and Regulations]
[Pages 4620-4623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01676]
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TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
Approval of Construction in the Tennessee River System; Revisions
to Administrative Appeals Process; Job Title and Address Updates
AGENCY: Tennessee Valley Authority.
ACTION: Final rule.
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SUMMARY: The Tennessee Valley Authority (TVA) is making non-substantive
changes to Title 18 of the Code of Federal Regulations. The purpose of
this rule is to amend the process for issuing final determinations on
administrative appeals of permitting decisions under section 26a of the
TVA Act. Formerly, final determinations were made by the TVA Board of
Directors. In 2004, the TVA Act was amended to change TVA's governance
structure from a three-member, full time board to a nine-member, part-
time policy board with a chief executive officer (CEO). Accordingly,
the TVA Board approved revisions to the section 26a appeals process to
provide for an appeal to the CEO followed by a discretionary review by
a committee of the Board. The revised appeals process is consistent
with the new governance structure. This rule amends TVA's published
regulations to incorporate the revisions approved by the Board and to
make the regulations consistent with the change in TVA's governance
structure. TVA is also making minor changes to update addresses and job
and organizational titles.
DATES: This final rule is effective January 29, 2014.
FOR FURTHER INFORMATION CONTACT: Rebecca C. Tolene, Vice President
Natural Resources, Tennessee Valley Authority, Knoxville, Tennessee,
(865-632-4433).
SUPPLEMENTARY INFORMATION:
I. Legal Authority
This rule is promulgated under the authority of the Tennessee
Valley Authority Act of 1933, as amended, 16 U.S.C. 831-831ee.
II. Background
Section 26a of the TVA Act requires that TVA's approval be obtained
prior to the construction, operation, or 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. TVA's rules governing such
approval are codified at 18 CFR Part 1304. The rules include an appeals
process whereby an applicant who is not satisfied with an initial
permitting decision may obtain administrative review of that decision.
Previously, when TVA was governed by a three-member, full-time
board, dissatisfied applicants who exhausted their intermediate appeal
rights could appeal TVA's permitting decisions to the full TVA Board
for final determination. That stage of the appeals process became
obsolete, however, when Congress amended the TVA Act to change TVA's
governance structure to a nine-member, part-time policy board with a
chief executive officer. 118 Stat. 2963-2967, 16 U.S.C. 831a.
Hence, this rule amends the appeals process to make it consistent
with TVA's governance structure. Instead of a final appeal to the full
TVA Board, dissatisfied applicants who have exhausted their
intermediate appeal rights may appeal to TVA's CEO, with an opportunity
for further discretionary
[[Page 4621]]
review by a committee of the Board (Committee). The Committee will
review the CEO's decision only if one or more Committee members
determine that extraordinary circumstances exist that warrant further
review. The rule also makes minor changes necessary to update addresses
and job and organizational titles.
TVA is promulgating this rule as a direct final rule with an
immediate effective date. TVA did not publish a notice of proposed
rulemaking for this rule because it is exempt from notice and comment
rulemaking requirements under 5 U.S.C. 553(a)(2) and 553(b)(A) and
(b)(B). The rule relates to agency management, and it is a rule of
agency organization, procedure, or practice.
III. Administrative Requirements
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; and E.O. 12988, Civil Justice Reform Act
The rule contains no federal mandates for State, local or tribal
governments or for the private sector. Issuance of the rule does not
constitute a significant regulatory action. The rule will not have an
annual affect on the economy of $100 million or more, and it will not
result in expenditures of $100 million in any one year by state, local,
and tribal governments or the private sector. The rule will not have a
substantial direct affect 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. Unified development
and regulation of the Tennessee River system through an approval
process for obstructions in or along 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. The rule simply codifies a
change in TVA's procedure for reviewing denials of Section 26a permit
applications. The rule does not concern an environmental health risk or
safety risk that may disproportionately affect children, minority
populations, or low-income populations. The rule is not likely to have
a significant adverse affect on the supply, distribution, or use of
energy.
List of Subjects in 18 CFR Part 1304
Administrative practice and procedure, Natural resources,
Navigation (water), Rivers, Water pollution control.
For the reasons set forth in the preamble, title 18, Chapter XIII
of the Code of Federal Regulations is amended 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. 1304.2 by revising paragraph (b) to read as follows:
Sec. 1304.2 Application.
* * * * *
(b) Applications shall be addressed to the Tennessee Valley
Authority at the appropriate Regional Watershed Office location using
the addresses provided below. To contact an office, call 1-800-882-
5263. Applications are available on TVA's internet Web site and at the
addresses listed below.
(1) For Chickamauga and Nickajack Reservoirs: 1101 Market Street,
PSC 1E-C, Chattanooga, TN 37402-2801;
(2) For Apalachia, Blue Ridge, Chatuge, Hiwassee, Nottely, and the
Ocoee Reservoirs: 4800 US Highway 64 West, Suite 102, MLO 1A-MRN,
Murphy, NC 28906;
(3) For Guntersville, Normandy, and Tims Ford Reservoirs: 3696
Alabama Highway 69, CAB 1A-GVA, Guntersville, AL 35976-7196;
(4) For Cherokee, Douglas, and Nolichucky Reservoirs and the French
Broad River: 3726 E. Morris Boulevard, MOC 1A-MOT, Morristown, TN
37813-1270;
(5) For Boone, Fort Patrick Henry South Holston, Watauga, and
Wilbur Reservoirs and the Bristol Project: 106 Tri-Cities Business Park
Drive, WTR 1A-GRT, Gray, TN 37615;
(6) For the Beech River Project, Kentucky Reservoir, and the Lower
Duck River: 2835-A East Wood Street, WTB 1A-PAT, Paris, TN 38242-5948;
(7) For Fontana, Fort Loudon, Great Falls, Melton Hill, Norris,
Tellico, and Watts Bar Reservoirs, and the Little Tennessee, Clinch,
and Powell Rivers: 260 Interchange Park Dr., LCB 1A-LCT, Lenoir City,
TN 37772-5664;
(8) For Bear Creek, Cedar Creek, Little Bear Creek, Upper Bear
Creek, and the Duck and Elk Rivers, and Pickwick, Wheeler and Wilson
Reservoirs: P.O. Box 1010, MPB 1H-M, Muscle Shoals, AL 35662-1010.
* * * * *
0
3. Revise Sec. 1304.3 to read as follows:
Sec. 1304.3 Delegation of authority.
The power to approve or disapprove applications under this part is
delegated to the Vice President, Natural Resources, or the designee
thereof, subject to appeal to the Chief Executive Officer and
discretionary review by a designated committee of the TVA Board, as
provided in Sec. 1304.6. The administration of applications is
delegated to the Natural Resources staff or the group with functionally
equivalent responsibilities.
0
4. Revise Sec. 1304.4 to read as follows:
Sec. 1304.4 Application review and approval process.
(a) TVA shall notify the U.S. Army Corps of Engineers (USACE) and
other federal agencies with jurisdiction over the application as
appropriate.
(b) If a hearing is held for any of the reasons described in
paragraph (c) of this section, any interested person may become a party
of record by following the directions contained in the hearing notice.
(c) Hearings concerning approval of applications are conducted (in
accordance with Sec. 1304.5) when:
(1) TVA deems a hearing is necessary or appropriate in determining
any issue presented by the application;
(2) A hearing is required under any applicable law or regulation;
(3) A hearing is requested by the USACE pursuant to the TVA/Corps
joint processing Memorandum of Understanding; or
(4) The TVA Investigating Officer directs that a hearing be held.
(d) Upon completion of the review of the application, including any
hearing or hearings, the Vice President or the designee thereof shall
issue an initial decision approving or disapproving the application.
The basis for the decision shall be set forth in the decision.
(e) Promptly following the issuance of the decision, the Vice
President or the designee thereof shall furnish a written copy of the
decision to the applicant and to any parties of record. The initial
decision shall become final unless an appeal is made pursuant to Sec.
1304.6.
0
5. Revise Sec. 1304.5 to read as follows:
Sec. 1304.5 Conduct of hearings.
(a) If a hearing is to be held for any of the reasons described in
Sec. 1304.4(c), TVA shall give notice of the hearing to interested
persons. Such notice may be
[[Page 4622]]
given by publication in a daily newspaper of general circulation in the
area of the proposed structure, personal written notice, posting on
TVA's Internet Web site, or by any other method reasonably calculated
to come to the attention of interested persons. The notice shall
provide to the extent feasible the place, date, and time of hearing;
the particular issues to which the hearing will pertain; the manner of
becoming a party of record; and any other pertinent information as
appropriate. The applicant shall automatically be a party of record.
(b) Hearings may be conducted by any such person or persons as may
be designated by the Vice President, the Vice President's designee, or
the Chief Executive Officer. Hearings are public and are conducted in
an informal manner. Parties of record may be represented by counsel or
other persons of their choosing. Technical rules of evidence are not
observed although reasonable bounds are maintained as to relevancy,
materiality, and competency. Evidence may be presented orally or by
written statement and need not be under oath. Cross-examination by
parties of witnesses or others providing statements or testifying at a
hearing shall not be allowed. After the hearing has been completed,
additional evidence will not be received unless it presents new and
material matter that in the judgment of the person or persons
conducting the hearing could not be presented at the hearing. The Vice
President may arrange a joint hearing with another federal agency where
the subject of an application will require the approval of and
necessitate a hearing by or before that other agency. In TVA's
discretion, the format of any such joint hearing may be that used by
the other agency.
0
6. Revise Sec. 1304.6 to read as follows:
Sec. 1304.6 Appeals.
(a) Decisions approving or disapproving an application may be
appealed as provided in this section. Decisions by the Vice President's
designee may be appealed to the Vice President and decisions by the
Vice President may be appealed to the Chief Executive Officer, with the
possibility of further discretionary review by a committee of the TVA
Board.
(b) If a designee of the Vice President issues an initial decision
disapproving an application or approving it with terms and conditions
deemed unacceptable by the applicant, the applicant may obtain the Vice
President's review of that decision by mailing within thirty (30) days
after receipt of the designee's decision a written request to the Vice
President, Natural Resources, Tennessee Valley Authority, 400 West
Summit Hill Drive, Knoxville, Tennessee 37902. Otherwise, the initial
decision of the Vice President's designee becomes final.
(c) If the Vice President, either initially or as the result of an
appeal, disapproves an application or approves it with terms and
conditions deemed unacceptable by the applicant, the applicant may
obtain the Chief Executive Officer's review of that decision by mailing
within thirty (30) days after receipt of the decision a written request
to the Chief Executive Officer, Tennessee Valley Authority, 400 W.
Summit Hill Drive, Knoxville, Tennessee 37902. Otherwise, the Vice
President's decision becomes final.
(d) The decision of the Chief Executive Officer shall become final
unless a request for discretionary review by a committee of the Board
(Committee) is justified by extraordinary circumstances and mailed
within thirty (30) days after receipt of the decision to the attention
of Board Services, Tennessee Valley Authority, 400 West Summit Hill
Drive, Knoxville, Tennessee 37902. If within 60 days of such a request,
one or more members of the Committee indicate that there are
extraordinary circumstances warranting further review, the matter will
be reviewed by the Committee. Otherwise, the Chief Executive Officer's
decision becomes final. The Committee will schedule a meeting not more
often that twice a year as needed to hear discretionary appeals. The
Committee decides what kind of process to use for these appeals.
Deliberations and voting on the reviews will take place at these
meetings.
(e) Any interested party who becomes a party of record at a hearing
as set forth in Sec. 1304.4(b) and who is aggrieved or adversely
affected by any decision approving an application may obtain review by
the Vice President or Chief Executive Officer, as appropriate, and may
request discretionary review by the Committee, in the same manner as an
applicant by adhering to the requirements of paragraphs (b), (c), and
(d) of this section.
(f) All requests for review shall fully explain the reasons the
applicant or other aggrieved party of record contends that the decision
below is in error, and shall include a signed certification that the
request for review was mailed to each party of record at the same time
that it was mailed to TVA. TVA shall maintain lists of parties of
record and make those available upon request for this purpose.
(g) The applicant and any party of record requesting review by the
Vice President or Chief Executive Officer may submit additional written
material in support of their positions within thirty (30) days after
mailing the request for review or during such additional period as the
Vice President or Chief Executive Officer may allow.
(h) In considering an appeal, the Vice President or Chief Executive
Officer may conduct or cause to be conducted such investigation of the
application as he or she deems necessary or desirable, and may appoint
an Investigating Officer. The Investigating Officer may be a TVA
employee or a person under contract to TVA, and shall not have been
directly and substantially involved in the decision being appealed. The
Investigating Officer may be the hearing officer for any hearing held
during the appeal process. The Vice President or Chief Executive
Officer shall render a decision approving or disapproving the
application based on a review of the record and the information
developed during any investigation and/or submitted by the applicant
and any parties of record.
(i) No applicant or party of record shall contact the Chief
Executive Officer, Committee members, or any other TVA Board member
during the appeal process, except as specified in correspondence from
the Chief Executive Officer or from the Committee Secretary. The appeal
process runs from the date of an appeal to the Chief Executive Officer
until a final resolution of the matter.
(j) A written copy of the decision by the Vice President or the
Chief Executive Officer shall be furnished to the applicant and to all
parties of record promptly following determination of the matter.
(k) In the event the Committee grants a request for discretionary
review, notice of that decision and information about the review shall
be provided to the person(s) requesting review and to other parties of
record in accordance with the methods set forth in Sec. 1304.5(a).
Written notice of the Committee's final determination of the appeal
shall be provided to the applicant and to all parties of record in
accordance with the methods set forth in Sec. 1304.5(a).
0
7. In Sec. 1304.412, add definitions of ``Chief Executive Officer,''
``Committee,'' and ``TVA Investigating Officer'' in alphabetical order,
and revise the definition of ``Vice President,'' to read as follows:
Sec. 1304.412 Definitions.
* * * * *
[[Page 4623]]
Chief Executive Officer means the Chief Executive Officer, TVA.
Committee means a committee of the TVA Board of Directors that has
been designated by the TVA Board to hear appeals under this regulation.
* * * * *
TVA Investigating Officer means a TVA employee or a person under
contract to TVA appointed by the Vice President or the CEO to
investigate any issue concerning an appeal of a decision on an
application under this part.
* * * * *
Vice President means the Vice President, Natural Resources, TVA, or
a position with functionally equivalent supervisory responsibilities.
* * * * *
Rebecca C. Tolene,
Vice President, Natural Resources.
[FR Doc. 2014-01676 Filed 1-28-14; 8:45 am]
BILLING CODE 8120-08-P
