applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin; (b) Uses display or other advertising, and the advertising includes an appropriate insignia prescribed by the Director. The use of the insignia is considered subject to the provisions of 18 U.S.C. section 701; (c) Uses a single advertisement, and the advertisement is grouped with other advertisements under a caption which clearly states that all employers in the group assure all qualified applicants equal consideration for employment without regard to race, color, religion, sex, or national origin; (d) Uses a single advertisement in which appears in clearly distinguishable type the phrase "an equal opportunity employer." 441 304.200 304.201 304.202 304.203 Scope and intent. Definitions. Designation of harbor areas at com- 304.204 Floating boathouses. Approval of plans for floating boathouses and nonnavigable houseboats. 304.206 Numbering and transfer of approved facilities. AUTHORITY: The provisions of this Part 304 issued under 16 U.S.C. sections 831-831dd. SOURCE: The provisions of this Part 304 appear at 36 F.R. 20424, Oct. 22, 1971; 36 F.R. 22901, Dec. 2, 1971, unless otherwise noted. Subpart A-General Requirements § 304.1 Definitions. Except as the context may otherwise require, the following words or terms, when used in this Part 304, have the meaning specified in this section. "Act" means the Tennessee Valley Authority Act of 1933, as amended. "Applicant" means the person, corporation, State, municipality, political subdivision or other entity making application. "Application" means a written request for the approval of plans pursuant to section 26a of the Act and the regulations contained in this part. "Board" means the Board of Directors of TVA. "Director" means the Director of the Division of Reservoir Properties of TVA. "TVA" means the Tennessee Valley Authority. § 304.2 Scope and intent. The Act among other things confers on TVA broad powers related to the unified conservation and development of the Tennessee River Valley and surrounding area and directs that property in TVA's custody be used to promote the Act's purposes. In particular, section 26a of the 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 along or in the Ten nessee River or any of its tributaries. In the transfer or other disposition affecting shoreline lands within its custody, TVA has also retained land rights to carry out the Act's purposes including rights related to control of water pollution from the use of the land transferred. TVA uses and permits use of the lands and land rights in its custody alongside and subjacent to TVA reservoirs to carry out the purposes and policies of the Act. In addition, recent legislation, including the National Environmental Policy Act of 1969, 42 U.S.C. section 4321 et seq., and the Water Quality Amendments of 1970, Public Law 91-224, 84 Stat. 91, have declared congressional policy that agencies should administer their statutory authorities so as to restore, preserve and enhance the quality of the environment and should cooperate in the control of pollution. It is the intent of the regulations prescribed in this Part 304 to carry out the purposes of the Act and other statutes relating to these purposes, and this part shall be interpreted and applied to that end. § 304.3 Flotation devices and material. (a) Because of the possible release of toxic or polluting substances, and the hazard to navigation from metal drums that become partially filled with water and escape from docks, boathouses, houseboats, floats, and other water-use structures and facilities for which they are used for flotation, the Board has prohibited use of metal drums in any form, except as authorized in paragraph (b) of this section, for flotation of any facilities requiring approval under this part before being constructed or placed on any TVA reservoir. (b) Metal drums in use for flotation of existing facilities on TVA reservoirs must be replaced prior to July 1, 1972, with some type of permanent flotation device or material, for example, pontoons, boat hulls, or other buoyancy devices made of steel, aluminum, fiberglass, or plastic foam; provided, however, that metal drums which have been filled with plastic foam or other solid flotation materials and welded, strapped, or otherwise firmly secured in place prior to July 1, 1972, may continue to be used as flotation on existing facilities. Replacement after July 1, 1972, of metal drum flotation permitted to be used by this subsection must be with some other form No person operating a commercial boat dock on or over real property of the United States in the custody and control of TVA, or on or over real property subject to provisions for the control of water pollution in a deed, grant of easement, lease, license, permit or other instrument from or to the United States or TVA shall permit the mooring on or over such real property of any watercraft or floating structure equipped with a marine toilet unless such toilet is equipped with a treatment device, including holding tank, approved by the state in which the watercraft or floating structure is registered or regularly moored, or, in the absence of applicable state regulations, by TVA, nor shall any such watercraft or floating structure be moored on or over any such real property not within the TVA-designated harbor limits of a commercial boat dock without a similarly approved treatment device. However, such state or TVA approval shall be sufficient only until the effective date of the standards and regulations on marine sanitation devices to be promulgated by the Environmental Protection Agency and the Secretary of Transportation under section 13 of the Federal Water Pollution Control Act, as amended, compliance with which will thereafter be required. § 304.5 Removal of unauthorized or unsafe structures. If, at any time, any dock, wharf, floating boathouse, nonnavigable houseboat, outfall, or other fixed or floating structure or facility anchored, installed, constructed, or moored under a license, permit, or approval from TVA is not constructed in accordance with plans approved by TVA, or is not maintained or operated so as to remain in accordance with such plans, or is not kept in a good state of repair and in good, safe, and substantial condition, and the owner or operator thereof fails to repair or remove such structure (or operate or maintain it in accordance with such plans) within ninety (90) days after written notice from TVA to do so, TVA may cancel such license, permit, or approval and remove such structure, or cause it to be removed, from the Tennessee River system and/or lands in the custody or control of TVA. Such written notice may be given by mailing a copy thereof to the owner's address as listed on the license, permit, or approval or by posting a copy on the structure or facility. TVA will remove or cause to be removed any such structure or facility anchored, installed, constructed, or moored without such license, permit, or approval, whether such license or approval has once been obtained and subsequently canceled, or whether it has never been obtained. Subpart B-Approval of Construction § 304.100 Scope and intent. Except as provided in § 304.109, special approval must be obtained with respect to each structure subject to section 26a of the Act prior to its construction, operation, or maintenance. This subpart prescribes procedures to be followed in any case where it is desired to obtain such approval. § 304.101 Delegation of authority. Approval or disapproval of applications under this part is delegated to the Director, subject to appeal to the Board as provided in § 304.105, except that applications for structures subject to § 304.103(b) and not involving marine toilets are reserved to the Board for approval or disapproval. In his discretion the Director may submit any application to the Board for its approval or disapproval. Administration of the handling of applications is delegated to the Division of Reservoir Properties. § 304.102 Application. Applications shall be addressed to Tennessee Valley Authority, Director of Reservoir Properties, Knoxville, Tenn. 37902. the proposed structure, (3) detailed statements of the plans formulated for the maintenance and operation of the structure when completed, (4) sufficient information to describe adequately all of the persons, corporations, organizations, agencies, or others who propose to construct, own and operate such structure, and (5) a report of the anticipated environmental consequences resulting from the erection and operation of the proposed structure. This report of anticipated environmental consequences shall include a discussion of: (i) The probable impact of the proposed structure on the environment; (ii) any probable adverse environmental consequences which cannot be avoided; (iii) alternatives to the proposed structure; (iv) the relationship between the local short-term uses of the environment and the maintenance of long-term productivity which will result from the proposed structure; and (v) any irreversible or irretrievable commitments of resources which would be involved by virtue of the proposed structure. (b) If construction, maintenance or operation of the proposed structure or any part thereof, or the conduct of the activity in connection with which approval is sought, may result in any discharge into navigable water of the United States, applicant shall also submit with the application, in addition to the material required by paragraph (a) of this section, a certification from the State in which such discharge would originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge would originate, or from the Environmental Protection Agency, that such State or interstate agency or the Environmental Protection Agency has determined after public notice of applicant's proposal that there is reasonable assurance that applicant's proposed activity will be conducted in a manner which will not violate applicable water quality standards. If construction or operation of the proposed structure will affect water quality but is not subject to any applicable water quality standards, applicant shall submit a written statement to that effect by such State, interstate agency, or the Environmental Protection Agency. The applicant shall further sui mit such supplemental and additional information as TVA may deem necessary for the review of the application, including, without limitation, information concerning the amounts, chemical makeup, temperature differentials, type and quantity of suspended solids, and proposed treatment plans for any proposed discharges. (c) Detailed information concerning contents of applications, kinds and amounts of information required to be submitted for specific structures, and suggested forms which can be used are available at the address specified in § 304.102 or from the Manager of Properties, Division of Reservoir Properties, Tennessee Valley Authority, at one of the following district offices: (1) Western District, Post Office Box 280, Paris, TN 38242. (2) Southern District, 601 First Federal Building, Muscle Shoals, Ala. 35660. (3) Central District, Post Office Box 606, Athens, TN 37303. (4) Eastern District, Post Office Box 1236, Morristown, TN 37814. § 304.104 Little Tennessee River; date of formal submission. As regards structures on the Little Tennessee River, applications are deemed by TVA to be "formally submitted" within the meaning of section 26a of the Act, on that date upon which applicant has complied in good faith with all of the provisions of paragraphs (a) and (b) of § 304.103. § 304.105 Determination of application. (a) The Division of Reservoir Properties conducts preliminary investigations; coordinates the processing of applications within TVA; notifies the applicant if preparation and review of an environmental statement are required under the National Environmental Policy Act of 1969, and of what additional information must be submitted to TVA by applicant so that TVA may comply with the requirements of that statute and related legal requirements, and complete its review of the application; and arranges for notification to the Environmental Protection Agency of applications that request approval of plans for structures which may result in a discharge into navigable waters of the United States and are certified in accordance with the requirements of $304.103(b). (b) Hearings concerning approval of applications are conducted (in accordance with § 304.107) (1) when requested by the applicant, (2) when TVA deems that a hearing is necessary or appropriate in determining any issue presented by the application, (3) when required on the objection of another State under the provisions of section 21(b) (2) of the Federal Water Pollution Control Act, as amended, or (4) when required to determine the necessity for suspending a previously granted approval, under section 21(b) (4) of the Federal Water Pollution Conrtol Act, as amended. (c) Upon completion of the investigation, coordination of the review of water quality aspects of the application under the Federal Water Pollution Control Act, as amended, completion of review under the National Environmental Policy Act, if required, and hearing or hearings, if any, the Director approves or disapproves the application on the basis of the application and supporting papers, the report of investigation, the transcript of the hearing or hearings, if any be held, the recommendations of other agencies, the intent of this part, and the applicable provisions of the TVA Act, the Federal Water Pollution Control Act, the National Environmental Policy Act, and other applicable laws or regulations. In his discretion the Director may refer any application and supporting materials to the Board for its approval or disapproval. (d) Promptly following determination, the Director or the Board furnishes a written copy of the decision to the applicant and to any parties of record pursuant to § 304.107. In the case of applications initially approved or disapproved by the Board, written requests for reconsideration may be made to the Board in the same manner as provided for appeals under § 304.106(a). § 304.106 Appeals. (a) If the Director disapproves an application, the applicant may, by written request addressed to the Board of Directors, Tennessee Valley Authority, New Sprankle Building, Knoxville, Tenn. 37902, and mailed within thirty (30) days after receipt of notification of such disapproval, obtain review by the Board of the determination of the Director disapproving the application. (b) A party of record to any hearing before the Director who is aggrieved or adversely affected by any determination of the Director approving an application, may obtain review by the Board of such determination by written request ad dressed and mailed as provided in paragraph (a) of this section. (c) Requests for review shall specify the reasons why it is contended that the Director's determination is in error. (d) Following receipt of a request for review, the Board will review the material on which the Director's decision was based and may conduct or cause to be conducted such investigation of the application as the Board deems necessary or desirable. The applicant and the person requesting review may submit additional written material in support of his position to the Board within thirty (30) days after receipt by TVA of the request for review. Based on the review, investigation, and written submissions provided for in this paragraph, the Board shall render its decision approving or disapproving the application. (e) The Board will furnish a written copy of its decision in any review proceeding under this section to the applicant and to all parties of record promptly following determination of the matter. (a) If a hearing is to be held for any of the reasons described in § 304.105(b) TVA gives notice of the hearing to permit attendance by interested persons. Such notice may be given by publication in the FEDERAL REGISTER, publication in a daily newspaper of general circulation in the area of the proposed structure, personal written notice, or a combination of these methods. The notice indicates the place, date and time of hearing, so far as feasible indicates the particular issues to which the hearing will pertain, states the manner of becoming a party of record, and provides other relevant information. The applicant is automatically a party of record. (b) Hearings may be conducted by the Director and/or such other person or persons as he may designate for that purpose. 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. 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. Where construction of the project also requires the approval of another agency of the Federal Government by or before whom a hearing is to be held, the Director may arrange with such agency to hold a joint hearing. § 304.108 Conditions of approvals. (a) Approvals of applications shall contain such conditions as are required by law. Approvals of applications may contain such other conditions as TVA deems necessary to carry out the provisions of the Act, the policy of related statutes, and the intent of this part. (b) If an approval is granted under this subpart of a structure or facility with respect to which a certificate of compliance with applicable water quality standards has been obtained pursuant to section 21(b) (1) of the Federal Water Pollution Control Act, as amended, and no additional or other Federal permit or license is required for operation of such structure or facility, the holder of the TVA approval shall, prior to initial operation of such structure or facility, provide an opportunity for the certifying state cr, if appropriate, the interstate agency or the Environmental Protection Agency to review the manner in which the structure or facility will be operated or conducted, for the purpose of assuring that applicable water quality standards will not be violated. (c) Applications for fixed boathouses, piers, or docks will be disapproved if the plans provide for toilets, living or sleeping quarters, or any type of enclosed floor space in excess of 25 square feet, not including walkways around boat wells or mooring slips. Such walkways shall not exceed 4 feet in width unless, in the sole judgment of the Director, the size of the well or slip justifies a greater width. For the purposes of this subsection, "fixed boathouse" means any fixed structure or facility which includes enclosed space of any kind and is capable of mooring or storing any houseboat or other vessel: Provided, That floor space shall not be deemed "enclosed" solely because of plans providing for the use of wire mesh or similar screening which leaves the interior of the structure or facility open to the weather: And, provided, further, That nothing contained in this paragraph shall be construed as prohibiting enclosure of the boat well or mooring slip |