Floating Cabins, 70145-70148 [2024-19373]
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Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
goal, the single-family very low-income
families housing goal, or the singlefamily refinancing housing goal for the
years 2025, 2026, or 2027, if:
(i) The share of the market as defined
in § 1282.12(b) for the applicable goal is
lower than the benchmark level for the
goal; and
(ii) The Enterprise’s performance
meets or exceeds the share of the market
minus the enforcement factor for the
applicable goal as defined in paragraph
(b)(2) of this section.
(2) The following enforcement factors
apply for the years 2025, 2026, and
2027:
(i) For the single-family low-income
families housing goal, 1.3 percentage
points;
(ii) For the single-family very lowincome families housing goal, 0.5
percentage points; and
(iii) For the single-family refinancing
housing goal, 1.3 percentage points.
(3) The enforcement factor in this
paragraph (b) will not apply to a goal in
2027 if the Enterprise failed to meet that
goal for each of the previous two years.
(c) Nature of plan. If the Director
requires a housing plan, the housing
plan must:
(1) Be feasible;
(2) Be sufficiently specific to enable
the Director to monitor compliance
periodically;
(3) Describe the specific actions that
the Enterprise will take in a time period
determined by the Director to improve
the Enterprise’s performance under the
housing goal; and
(4) Address any additional matters
relevant to the plan as required, in
writing, by the Director.
(d) Deadline for submission. The
Enterprise shall submit the housing plan
to the Director within 45 days after
issuance of a notice requiring the
Enterprise to submit a housing plan.
The Director may extend the deadline
for submission of a plan, in writing and
for a time certain, to the extent the
Director determines an extension is
necessary.
(e) Review of housing plans. The
Director shall review and approve or
disapprove housing plans in accordance
with 12 U.S.C. 4566(c)(4) and (c)(5).
(f) Resubmission. If the Director
disapproves an initial housing plan
submitted by an Enterprise, the
Enterprise shall submit an amended
plan for approval or disapproval not
later than 15 days after the Director’s
disapproval of the initial plan; the
Director may extend the deadline if the
Director determines an extension is in
the public interest. If an amended plan
is not acceptable to the Director, the
Director may afford the Enterprise 15
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days to submit additional amendments
to its plan for approval or disapproval.
(g) Enforcement of housing plans. If
the Director requires an Enterprise to
submit a housing plan and the
Enterprise refuses to submit such a plan,
submits an unacceptable plan, or fails to
comply with the plan, the Director may
issue a cease and desist order in
accordance with 12 U.S.C. 4581, impose
civil money penalties in accordance
with 12 U.S.C. 4585, or take any other
action that the Director determines to be
appropriate.
■ 9. Add new § 1282.21 to read as
follows:
§ 1282.21 Final determination of
compliance with housing goals; notice of
final determination.
(a) Final determination. On an annual
basis, the Director will make a final
determination of each Enterprise’s
performance under each single-family
housing goal and subgoal and each
multifamily housing goal and subgoal.
The final determination will address
whether an Enterprise has failed, or
there is a substantial probability that an
Enterprise will fail, to meet any single
housing goal or subgoal and whether the
achievement of that housing goal or
subgoal was or is feasible.
(b) Notice of final determination. The
Director will provide each Enterprise
with written notification of the final
determination. If the Enterprise fails to
meet any housing goal or subgoal, the
notification will specify whether the
Enterprise is required to submit a
housing plan for approval under
§ 1282.22.
Sandra L. Thompson,
Director, Federal Housing Finance Agency.
[FR Doc. 2024–19261 Filed 8–28–24; 8:45 am]
BILLING CODE 8070–01–P
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
RIN 3316–AA25
Floating Cabins
Tennessee Valley Authority.
Proposed rule.
AGENCY:
ACTION:
The Tennessee Valley
Authority (TVA) is proposing to amend
its regulations that govern floating
cabins located on the Tennessee River
System.
SUMMARY:
Written comments must be
received on or before September 30,
2024.
DATES:
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70145
You may send comments,
identified by RIN 3316–AA25, by any of
the following methods:
Mail/Hand Delivery: David B. Harrell,
Program Manager, Floating Cabins,
Tennessee Valley Authority, 400 West
Summit Hill Drive, WT 11A–K,
Knoxville, TN 37902.
Email: fc@tva.gov.
FOR FURTHER INFORMATION CONTACT:
David B. Harrell, 865–632–1327,
dbharrell@tva.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Legal Authority
These proposed amendments are
promulgated under the authority of the
TVA Act, as amended, 16 U.S.C. 831 et
seq. and OMB Circular No. A–25. 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 TVA’s
approval. TVA has long considered
nonnavigable structures such as floating
cabins to be obstructions that require its
approval. In addition, Section 9b of the
TVA Act (16 U.S.C. 831h–3) provides
that TVA may require floating cabins to
be maintained by the owner to
reasonable health, safety, and
environmental standards.
Background and Proposed
Amendments
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 those
purposes, TVA uses the system to
improve water quality and water supply
and to provide a wide range of public
benefits including recreation.
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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Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
inundated land along and under its
reservoir system.
The proposed amendments would
modify health, safety, and
environmental standards for floating
cabins, including standards for
electrical safety. The proposed
amendments also address TVA’s
management and administration of the
floating cabins program, including
clarification around the allowable size
of the structures. The proposed
amendments would extend the deadline
to allow floating cabin owners until
October 1, 2029, to comply with the
rules and apply for a Section 26a
permit. TVA also proposes to make
other minor changes to its Section 26a
regulations for clarity and consistency.
Since 1971, TVA has used its Section
26a authority to prohibit the mooring on
the Tennessee River System of new
floating cabins (formerly nonnavigable
houseboats) that are designed and used
primarily for habitation and not for
water transportation. In particular, TVA
amended its regulations in 1971 to
prohibit the mooring or anchoring of
new nonnavigable houseboats except for
those in existence before November 21,
1971. Since 1971, TVA has made minor
changes to its regulations affecting
nonnavigable houseboats, including in
1978 when TVA prohibited mooring of
nonnavigable houseboats on the
Tennessee River System except for those
in existence on or before February 15,
1978. Effective October 1, 2018, TVA
updated its regulations to change the
terminology to floating cabins (rather
than nonnavigable houseboats) and
prohibit new floating cabins that did not
exist on the Tennessee River System on
or before December 16, 2016.
Despite over 40 years of regulation
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. The final EIS and
associated documents can be found at
https://www.tva.com/floatingcabins.
After considering the comments
received during the EIS process and the
analyses of impacts, TVA identified as
its preferred policy one that establishes
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standards to ensure safer mooring,
electrical connections, and protection of
water quality. Under the preferred
policy, the mooring of new floating
cabins would be prohibited on the
Tennessee River System. The preferred
policy would have required all existing
floating cabins, including nonnavigable
houseboats, to be removed from the
Tennessee River System by January 1,
2036, and be subject to a regulatory
program in the interim. On May 5, 2016,
the TVA Board of Directors adopted the
preferred policy, except the Board
extended the removal date to May 5,
2046.
On December 16, 2016, Congress
enacted the Water Infrastructure
Improvements for the Nation Act of
2016 (WIIN Act). Section 5003 related to
floating cabins and amended the TVA
Act to include Section 9b (16 U.S.C.
831h–3). This new section of the TVA
Act provides that TVA may approve and
allow the use of floating cabins on
waters under the jurisdiction of TVA as
of December 16, 2016, if the floating
cabin is maintained to reasonable
health, safety, and environmental
standards as required by the TVA Board
of Directors and if the owner pays a
compliance fee if assessed by TVA. The
WIIN Act stipulates that TVA may not
require the removal of a floating cabin
that was located on the Tennessee River
System as of December 16, 2016: (1) for
a period of 15 years if it was granted a
permit by TVA before enactment, or (2)
for a period of 5 years if it was not
granted a permit by TVA before
enactment. It further stipulates that TVA
may establish regulations to prevent the
construction of new floating cabins.
Floating Cabins Amendments to TVA’s
Section 26a Regulations
TVA published ‘‘Phase I’’ rule
amendments for floating cabins that
became effective on October 1, 2018.
These amendments clarified the types of
structures that TVA will regulate as a
floating cabin and prohibited new
floating cabins from mooring on the
Tennessee River System after December
16, 2016. TVA estimates that
approximately 2,200 floating cabins
were moored on the Tennessee River
System on December 16, 2016.
TVA published ‘‘Phase II’’ rule
amendments for floating cabins that
became effective on October 12, 2021.
These amendments included health,
safety, environmental, and permitting
standards that apply to all floating
cabins and a deadline by which floating
cabin owners were to apply to TVA for
a Section 26a permit. A diverse
stakeholder group composed of 18
members advised TVA on the
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development and drafting of these
standards. Owners of floating cabins
were given until October 1, 2024, to
comply with the standards in TVA’s
regulations and submit a complete
permit application that certifies
compliance and includes the payment
of a Section 26a permit application fee.
The permit application submission date
of October 1, 2024, gave owners
approximately three years from the
effective date of the new standards to
bring structures into compliance.
Permitting Program
TVA’s permitting requirements for
floating cabins apply to all existing
floating cabins, including those formerly
referred to as nonnavigable houseboats
originally permitted on or before
February 15, 1978. All floating cabins
and attached structures will require a
new permit.
TVA has encouraged floating cabin
owners to bring floating cabins into
compliance and then apply for a permit
without delay; however, various factors
such as the COVID–19 pandemic,
supply chain and labor resource
shortages, and state wastewater
certification decisions caused delays for
floating cabin owners to achieve
compliance. The proposed amendment
extends the deadline for owners to
comply with all standards and submit a
Section 26a permit application that
certifies compliance no later than
October 1, 2029. TVA may deny an
initial application for floating cabins if
it is submitted past the deadline of
October 1, 2029.
Upon submission of the application,
owners of floating cabins may remain in
place until TVA acts on the application.
If TVA approves the application, TVA
will issue a Section 26a permit to the
owner. If TVA denies the application,
the owner must remove the structure in
accordance with Section 9b of the TVA
Act and 18 CFR 1304.406.
The proposal also clarifies language
on rebuilding floating cabins. Any
alterations to the dimensions or
approved plans for an existing floating
cabin (monolithic frame or attached
structure) are deemed a structural
modification and require written
approval from TVA.
Electrical
Floating cabins can pose a threat to
public safety due to unsafe electrical
systems. TVA is aware that floating
cabins are currently obtaining electricity
from the shore via underwater cables,
through onboard portable generators,
and by other methods. When the final
Phase II rule on floating cabins was
published in 2021, TVA was not aware
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of any local, state, or federal entity that
monitored the construction of floating
cabins and enforced building codes.
However, after working with multiple
state agencies, it became clear that state
and local entities have the ability and
expertise to regulate and inspect
electrical requirements for floating
cabins within their jurisdiction.
Separate standards in TVA’s Section 26a
regulations had potential to create
confusion for floating cabin owners
about applicable requirements.
TVA is not changing the requirement
that floating cabin owners comply with
all applicable federal, state, and local
laws and regulations regarding electrical
wiring and equipment. If a floating
cabin is documented to be in violation
of any federal, state, or local electrical
standard or regulation by the respective
regulatory agency, TVA may revoke the
permit and require removal of the
floating cabin from the Tennessee River
System if the violation is not corrected
as specified by the relevant regulatory
agency in accordance with the agency’s
requirements. TVA proposes to remove
the separate electrical standards for
floating cabins from the Section 26a
regulations and remove the requirement
that floating cabin owners submit a
certification of compliance to TVA
every even-numbered year. This
appropriately recognizes that state and
local agencies are best equipped to
adopt and enforce electrical standards
for floating cabins while reinforcing
compliance with those standards is a
condition of the Section 26a permit. The
regulations also clarify that applicants
must provide documentation, upon
TVA’s request, that demonstrates the
floating cabin is in compliance with
wastewater and electric standards. In
the event that a floating cabin owner
fails to provide satisfactory evidence of
compliance upon request, TVA is
authorized to revoke the Section 26a
permit and require removal of the
floating cabin from the reservoir.
Other Changes to Section 26a
Regulations
In addition to the changes affecting
floating cabins listed above, TVA is
proposing other minor amendments to
the Section 26a regulations. These
include minor edits for clarity and
consistency in the regulations,
including a clarification to the
regulations that TVA’s issuance of a
permit for any proposed facility or
obstruction does not mean the proposed
facility or obstruction has been deemed
safe by TVA and that TVA may proceed
with the review of an application absent
the submission of some of the noted
information.
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Administrative Requirements
A. 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; E.O. 12988, Civil
Justice Reform Act; and E.O. 14094,
Modernizing Regulatory Review
This proposal contains no federal
mandates for state, local, or tribal
government or for the private sector.
TVA has determined it will not have a
significant annual effect of $200 million
or more or result in expenditures of
$200 million in any one year by state,
local, or tribal governments or by the
private sector. The proposal will not
have a substantial direct effect 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.
Nor will the proposal 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, this proposal updates TVA’s
regulations relating to the standards that
floating cabins will be required to meet
in order to remain on the Tennessee
River System. 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. 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
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70147
economic impact on a substantial
number of small entities. TVA’s 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 TVA’s proposal.
Even if the proposed amendments
tangentially impact marinas that
accommodate floating cabins, a
relatively small number of marinas will
be impacted. Accordingly, this rule will
not have a significant impact on a
substantial number of small entities; no
regulatory flexibility analysis is
required; and TVA’s Chief Executive
Officer has made the requisite
certification.
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 proposes to amend 18 CFR
part 1304 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:
■
Authority: 16 U.S.C. 831–831ee.
2. Amend § 1304.2 by:
a. Revising the first sentence of
paragraph (b);
■ b. Adding a sentence at the end of
paragraph (c); and
■ c. Adding paragraph (e).
The revision and additions read as
follows:
■
■
§ 1304.2
Application.
*
*
*
*
*
(b) Applications shall be submitted on
TVA’s online application system or
addressed to the Tennessee Valley
Authority, at the appropriate location as
listed on the application and on TVA’s
website.* * *
(c) * * * TVA, in its sole discretion,
may proceed with the review of an
application in the absence of some
materials listed in this section.
*
*
*
*
*
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Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Proposed Rules
(e) TVA’s issuance of a permit does
not mean that TVA has determined a
facility or obstruction is safe for any
purpose or that TVA has any duty to
make such a determination. In issuing a
permit, TVA assumes no liability to the
applicant or to any third party for any
damages to property or personal injuries
arising out of or in any way connected
with applicant’s construction,
operation, or maintenance of the
permitted facility.
■ 3. Amend § 1304.100 by:
■ a. Revising the seventh sentence; and
■ b. Adding a sentence after the seventh
sentence.
The revision and addition read as
follows:
§ 1304.100
Scope and intent.
* * * Existing floating cabins may
remain moored on the Tennessee River
System provided they remain in
compliance with the rules in this part
and obtain a section 26a permit from
TVA issued after October 12, 2021.
Existing floating cabins that do not
apply for a permit by the deadline in
this part or do not remain in compliance
with the rules in this part are subject to
the removal provisions of this part and
section 9b of the TVA Act.* * *
■ 4. Amend § 1304.101 by:
■ a. Revising paragraph (c);
■ b. Revising paragraph (h)(2)
introductory text;
■ c. Revising paragraph (h)(3); and
■ d. Revising paragraph (i)(3).
The revisions read as follows:
§ 1304.101
Floating cabins
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*
*
*
*
*
(c) All floating cabins shall comply
with the rules contained in this part and
make application for a section 26a
permit by October 1, 2029. TVA may, at
its sole discretion, deny an initial
application for a floating cabin
submitted after this date. Unpermitted
structures are subject to the removal
provisions of this part and Section 9b of
the TVA Act.
*
*
*
*
*
(h) * * *
(2) Any alterations to the dimensions
or approved plans for an existing
floating cabin (monolithic frame or
attached structure) shall be deemed a
structural modification and shall require
prior written approval from TVA. All
expansions in length, width, or height
are prohibited, except under the
following circumstances if approved in
writing in advance by TVA. Structural
modifications to attached structures are
subject to § 1304.101(i).
*
*
*
*
*
(3) Owners must submit an
application to TVA sixty (60) days in
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advance of proposed rebuilding of an
entire or significant portion of a floating
cabin (monolithic frame or attached
structures). The owner shall not begin
construction until prior written
acknowledgment from TVA is received.
Plans for removal of the existing floating
cabin or portions to be rebuilt shall be
acknowledged in writing by TVA before
removal occurs, and the removal shall
be at the owner’s expense before
construction of the rebuild may begin.
The owner shall provide evidence of
approval from the marina operator to
rebuild within the approved harbor
limits of a commercial marina. TVA
may require a new permit for the
proposed rebuilding. Construction of
the rebuilt floating cabin must be
completed within 18 months. The
rebuilt monolithic frame of the floating
cabin shall match the exact
configuration and dimensions (length,
width, and height) of both the total
monolithic frame and the enclosed and
open space as approved by TVA;
attached structures are subject to
§ 1304.101(i). The footprint of the
attached structures shall not be
incorporated into the footprint of the
monolithic frame of the floating cabin.
*
*
*
*
*
(i) * * *
(3) Attached structures shall not
exceed 14 feet in height from the lowest
floor level, shall not be enclosed, shall
not be connected to the monolithic
frame by a single roofline, and shall
comply with § 1304.204(p).
*
*
*
*
*
■ 5. Amend § 1304.103 by:
■ a. Revising paragraph (a);
■ b. Revising paragraph (d); and
■ c. Removing paragraph (e).
The revisions read as follows:
§ 1304.103 Health, safety, and
environmental standards
(a) Wastewater. Floating cabins shall
comply with § 1304.2(d) with regard to
discharges into navigable waters of the
United States. All discharges, sewage,
and wastewater, and the pumping,
collection, storage, transport, and
treatment of sewage and wastewater
shall be managed in accordance with all
applicable federal, state, and local laws
and regulations (satisfactory evidence of
compliance to be provided to TVA upon
request). Upon receipt of documentation
that a floating cabin is in violation of
any federal, state, or local discharge or
water quality regulation by the
respective regulatory agency or upon
failure to provide satisfactory evidence
of compliance at TVA’s request, TVA is
authorized to revoke the permit and
require removal of the floating cabin
from the Tennessee River System if the
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violation is not corrected as specified by
the regulatory agency in accordance
with the agency’s requirements or if
satisfactory evidence of compliance is
not provided to TVA.
*
*
*
*
*
(d) Electrical. Floating cabins shall
comply with all applicable federal,
state, and local laws and regulations
regarding electrical wiring and
equipment (satisfactory evidence of
compliance to be provided to TVA upon
request). Upon receipt of documentation
that a floating cabin is in violation of
any federal, state, or local electrical
standard or regulation by the respective
regulatory agency or upon failure to
provide satisfactory evidence of
compliance at TVA’s request, TVA is
authorized to revoke the permit and
require removal of the floating cabin
from the Tennessee River System if the
violation is not corrected as specified by
the regulatory agency in accordance
with the agency’s requirements or if
satisfactory evidence of compliance is
not provided to TVA. Floating cabins
shall comply with § 1304.209(c)(2).
Michael McCall,
Vice President, Environment and
Sustainability.
[FR Doc. 2024–19373 Filed 8–28–24; 8:45 am]
BILLING CODE 8120–08–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1301
[Docket No. DEA–1362]
RIN 1117–AB77
Schedules of Controlled Substances:
Rescheduling of Marijuana
Drug Enforcement
Administration, Department of Justice.
ACTION: Notice of hearing on proposed
rulemaking.
AGENCY:
This is notice that the Drug
Enforcement Administration will hold a
hearing with respect to the proposed
rescheduling of marijuana into schedule
III of the Controlled Substances Act. The
proposed rescheduling of marijuana was
initially proposed in a Notice of
Proposed Rulemaking published in the
Federal Register on May 21, 2024.
DATES: Interested persons desiring to
participate in this hearing must provide
written notice of desired participation
as set out below, on or before September
30, 2024.
The hearing will commence on
December 2, 2024, at 9 a.m. ET at 700
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Proposed Rules]
[Pages 70145-70148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19373]
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TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
RIN 3316-AA25
Floating Cabins
AGENCY: Tennessee Valley Authority.
ACTION: Proposed rule.
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SUMMARY: The Tennessee Valley Authority (TVA) is proposing to amend its
regulations that govern floating cabins located on the Tennessee River
System.
DATES: Written comments must be received on or before September 30,
2024.
ADDRESSES: You may send comments, identified by RIN 3316-AA25, by any
of the following methods:
Mail/Hand Delivery: David B. Harrell, Program Manager, Floating
Cabins, Tennessee Valley Authority, 400 West Summit Hill Drive, WT 11A-
K, Knoxville, TN 37902.
Email: [email protected].
FOR FURTHER INFORMATION CONTACT: David B. Harrell, 865-632-1327,
[email protected].
SUPPLEMENTARY INFORMATION:
Legal Authority
These proposed amendments are promulgated under the authority of
the TVA Act, as amended, 16 U.S.C. 831 et seq. and OMB Circular No. A-
25. 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 TVA's approval. TVA has long considered
nonnavigable structures such as floating cabins to be obstructions that
require its approval. In addition, Section 9b of the TVA Act (16 U.S.C.
831h-3) provides that TVA may require floating cabins to be maintained
by the owner to reasonable health, safety, and environmental standards.
Background and Proposed Amendments
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
those purposes, TVA uses the system to improve water quality and water
supply and to provide a wide range of public benefits including
recreation.
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
[[Page 70146]]
inundated land along and under its reservoir system.
The proposed amendments would modify health, safety, and
environmental standards for floating cabins, including standards for
electrical safety. The proposed amendments also address TVA's
management and administration of the floating cabins program, including
clarification around the allowable size of the structures. The proposed
amendments would extend the deadline to allow floating cabin owners
until October 1, 2029, to comply with the rules and apply for a Section
26a permit. TVA also proposes to make other minor changes to its
Section 26a regulations for clarity and consistency.
Since 1971, TVA has used its Section 26a authority to prohibit the
mooring on the Tennessee River System of new floating cabins (formerly
nonnavigable houseboats) that are designed and used primarily for
habitation and not for water transportation. In particular, TVA amended
its regulations in 1971 to prohibit the mooring or anchoring of new
nonnavigable houseboats except for those in existence before November
21, 1971. Since 1971, TVA has made minor changes to its regulations
affecting nonnavigable houseboats, including in 1978 when TVA
prohibited mooring of nonnavigable houseboats on the Tennessee River
System except for those in existence on or before February 15, 1978.
Effective October 1, 2018, TVA updated its regulations to change the
terminology to floating cabins (rather than nonnavigable houseboats)
and prohibit new floating cabins that did not exist on the Tennessee
River System on or before December 16, 2016.
Despite over 40 years of regulation 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. The final EIS and associated documents can be found at
https://www.tva.com/floatingcabins.
After considering the comments received during the EIS process and
the analyses of impacts, TVA identified as its preferred policy one
that establishes standards to ensure safer mooring, electrical
connections, and protection of water quality. Under the preferred
policy, the mooring of new floating cabins would be prohibited on the
Tennessee River System. The preferred policy would have required all
existing floating cabins, including nonnavigable houseboats, to be
removed from the Tennessee River System by January 1, 2036, and be
subject to a regulatory program in the interim. On May 5, 2016, the TVA
Board of Directors adopted the preferred policy, except the Board
extended the removal date to May 5, 2046.
On December 16, 2016, Congress enacted the Water Infrastructure
Improvements for the Nation Act of 2016 (WIIN Act). Section 5003
related to floating cabins and amended the TVA Act to include Section
9b (16 U.S.C. 831h-3). This new section of the TVA Act provides that
TVA may approve and allow the use of floating cabins on waters under
the jurisdiction of TVA as of December 16, 2016, if the floating cabin
is maintained to reasonable health, safety, and environmental standards
as required by the TVA Board of Directors and if the owner pays a
compliance fee if assessed by TVA. The WIIN Act stipulates that TVA may
not require the removal of a floating cabin that was located on the
Tennessee River System as of December 16, 2016: (1) for a period of 15
years if it was granted a permit by TVA before enactment, or (2) for a
period of 5 years if it was not granted a permit by TVA before
enactment. It further stipulates that TVA may establish regulations to
prevent the construction of new floating cabins.
Floating Cabins Amendments to TVA's Section 26a Regulations
TVA published ``Phase I'' rule amendments for floating cabins that
became effective on October 1, 2018. These amendments clarified the
types of structures that TVA will regulate as a floating cabin and
prohibited new floating cabins from mooring on the Tennessee River
System after December 16, 2016. TVA estimates that approximately 2,200
floating cabins were moored on the Tennessee River System on December
16, 2016.
TVA published ``Phase II'' rule amendments for floating cabins that
became effective on October 12, 2021. These amendments included health,
safety, environmental, and permitting standards that apply to all
floating cabins and a deadline by which floating cabin owners were to
apply to TVA for a Section 26a permit. A diverse stakeholder group
composed of 18 members advised TVA on the development and drafting of
these standards. Owners of floating cabins were given until October 1,
2024, to comply with the standards in TVA's regulations and submit a
complete permit application that certifies compliance and includes the
payment of a Section 26a permit application fee. The permit application
submission date of October 1, 2024, gave owners approximately three
years from the effective date of the new standards to bring structures
into compliance.
Permitting Program
TVA's permitting requirements for floating cabins apply to all
existing floating cabins, including those formerly referred to as
nonnavigable houseboats originally permitted on or before February 15,
1978. All floating cabins and attached structures will require a new
permit.
TVA has encouraged floating cabin owners to bring floating cabins
into compliance and then apply for a permit without delay; however,
various factors such as the COVID-19 pandemic, supply chain and labor
resource shortages, and state wastewater certification decisions caused
delays for floating cabin owners to achieve compliance. The proposed
amendment extends the deadline for owners to comply with all standards
and submit a Section 26a permit application that certifies compliance
no later than October 1, 2029. TVA may deny an initial application for
floating cabins if it is submitted past the deadline of October 1,
2029.
Upon submission of the application, owners of floating cabins may
remain in place until TVA acts on the application. If TVA approves the
application, TVA will issue a Section 26a permit to the owner. If TVA
denies the application, the owner must remove the structure in
accordance with Section 9b of the TVA Act and 18 CFR 1304.406.
The proposal also clarifies language on rebuilding floating cabins.
Any alterations to the dimensions or approved plans for an existing
floating cabin (monolithic frame or attached structure) are deemed a
structural modification and require written approval from TVA.
Electrical
Floating cabins can pose a threat to public safety due to unsafe
electrical systems. TVA is aware that floating cabins are currently
obtaining electricity from the shore via underwater cables, through
onboard portable generators, and by other methods. When the final Phase
II rule on floating cabins was published in 2021, TVA was not aware
[[Page 70147]]
of any local, state, or federal entity that monitored the construction
of floating cabins and enforced building codes. However, after working
with multiple state agencies, it became clear that state and local
entities have the ability and expertise to regulate and inspect
electrical requirements for floating cabins within their jurisdiction.
Separate standards in TVA's Section 26a regulations had potential to
create confusion for floating cabin owners about applicable
requirements.
TVA is not changing the requirement that floating cabin owners
comply with all applicable federal, state, and local laws and
regulations regarding electrical wiring and equipment. If a floating
cabin is documented to be in violation of any federal, state, or local
electrical standard or regulation by the respective regulatory agency,
TVA may revoke the permit and require removal of the floating cabin
from the Tennessee River System if the violation is not corrected as
specified by the relevant regulatory agency in accordance with the
agency's requirements. TVA proposes to remove the separate electrical
standards for floating cabins from the Section 26a regulations and
remove the requirement that floating cabin owners submit a
certification of compliance to TVA every even-numbered year. This
appropriately recognizes that state and local agencies are best
equipped to adopt and enforce electrical standards for floating cabins
while reinforcing compliance with those standards is a condition of the
Section 26a permit. The regulations also clarify that applicants must
provide documentation, upon TVA's request, that demonstrates the
floating cabin is in compliance with wastewater and electric standards.
In the event that a floating cabin owner fails to provide satisfactory
evidence of compliance upon request, TVA is authorized to revoke the
Section 26a permit and require removal of the floating cabin from the
reservoir.
Other Changes to Section 26a Regulations
In addition to the changes affecting floating cabins listed above,
TVA is proposing other minor amendments to the Section 26a regulations.
These include minor edits for clarity and consistency in the
regulations, including a clarification to the regulations that TVA's
issuance of a permit for any proposed facility or obstruction does not
mean the proposed facility or obstruction has been deemed safe by TVA
and that TVA may proceed with the review of an application absent the
submission of some of the noted information.
Administrative Requirements
A. 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; E.O. 12988, Civil Justice Reform Act; and E.O.
14094, Modernizing Regulatory Review
This proposal contains no federal mandates for state, local, or
tribal government or for the private sector. TVA has determined it will
not have a significant annual effect of $200 million or more or result
in expenditures of $200 million in any one year by state, local, or
tribal governments or by the private sector. The proposal will not have
a substantial direct effect 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. Nor will the
proposal 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,
this proposal updates TVA's regulations relating to the standards that
floating cabins will be required to meet in order to remain on the
Tennessee River System. 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. 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. TVA's 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-for-profit enterprises, or small
governmental jurisdictions, and therefore relatively few ``small
entities'' will be affected by TVA's proposal. Even if the proposed
amendments tangentially impact marinas that accommodate floating
cabins, a relatively small number of marinas will be impacted.
Accordingly, this rule will not have a significant impact on a
substantial number of small entities; no regulatory flexibility
analysis is required; and TVA's Chief Executive Officer has made the
requisite certification.
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 proposes to amend 18 CFR part 1304 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:
0
a. Revising the first sentence of paragraph (b);
0
b. Adding a sentence at the end of paragraph (c); and
0
c. Adding paragraph (e).
The revision and additions read as follows:
Sec. 1304.2 Application.
* * * * *
(b) Applications shall be submitted on TVA's online application
system or addressed to the Tennessee Valley Authority, at the
appropriate location as listed on the application and on TVA's
website.* * *
(c) * * * TVA, in its sole discretion, may proceed with the review
of an application in the absence of some materials listed in this
section.
* * * * *
[[Page 70148]]
(e) TVA's issuance of a permit does not mean that TVA has
determined a facility or obstruction is safe for any purpose or that
TVA has any duty to make such a determination. In issuing a permit, TVA
assumes no liability to the applicant or to any third party for any
damages to property or personal injuries arising out of or in any way
connected with applicant's construction, operation, or maintenance of
the permitted facility.
0
3. Amend Sec. 1304.100 by:
0
a. Revising the seventh sentence; and
0
b. Adding a sentence after the seventh sentence.
The revision and addition read as follows:
Sec. 1304.100 Scope and intent.
* * * Existing floating cabins may remain moored on the Tennessee
River System provided they remain in compliance with the rules in this
part and obtain a section 26a permit from TVA issued after October 12,
2021. Existing floating cabins that do not apply for a permit by the
deadline in this part or do not remain in compliance with the rules in
this part are subject to the removal provisions of this part and
section 9b of the TVA Act.* * *
0
4. Amend Sec. 1304.101 by:
0
a. Revising paragraph (c);
0
b. Revising paragraph (h)(2) introductory text;
0
c. Revising paragraph (h)(3); and
0
d. Revising paragraph (i)(3).
The revisions read as follows:
Sec. 1304.101 Floating cabins
* * * * *
(c) All floating cabins shall comply with the rules contained in
this part and make application for a section 26a permit by October 1,
2029. TVA may, at its sole discretion, deny an initial application for
a floating cabin submitted after this date. Unpermitted structures are
subject to the removal provisions of this part and Section 9b of the
TVA Act.
* * * * *
(h) * * *
(2) Any alterations to the dimensions or approved plans for an
existing floating cabin (monolithic frame or attached structure) shall
be deemed a structural modification and shall require prior written
approval from TVA. All expansions in length, width, or height are
prohibited, except under the following circumstances if approved in
writing in advance by TVA. Structural modifications to attached
structures are subject to Sec. 1304.101(i).
* * * * *
(3) Owners must submit an application to TVA sixty (60) days in
advance of proposed rebuilding of an entire or significant portion of a
floating cabin (monolithic frame or attached structures). The owner
shall not begin construction until prior written acknowledgment from
TVA is received. Plans for removal of the existing floating cabin or
portions to be rebuilt shall be acknowledged in writing by TVA before
removal occurs, and the removal shall be at the owner's expense before
construction of the rebuild may begin. The owner shall provide evidence
of approval from the marina operator to rebuild within the approved
harbor limits of a commercial marina. TVA may require a new permit for
the proposed rebuilding. Construction of the rebuilt floating cabin
must be completed within 18 months. The rebuilt monolithic frame of the
floating cabin shall match the exact configuration and dimensions
(length, width, and height) of both the total monolithic frame and the
enclosed and open space as approved by TVA; attached structures are
subject to Sec. 1304.101(i). The footprint of the attached structures
shall not be incorporated into the footprint of the monolithic frame of
the floating cabin.
* * * * *
(i) * * *
(3) Attached structures shall not exceed 14 feet in height from the
lowest floor level, shall not be enclosed, shall not be connected to
the monolithic frame by a single roofline, and shall comply with Sec.
1304.204(p).
* * * * *
0
5. Amend Sec. 1304.103 by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (d); and
0
c. Removing paragraph (e).
The revisions read as follows:
Sec. 1304.103 Health, safety, and environmental standards
(a) Wastewater. Floating cabins shall comply with Sec. 1304.2(d)
with regard to discharges into navigable waters of the United States.
All discharges, sewage, and wastewater, and the pumping, collection,
storage, transport, and treatment of sewage and wastewater shall be
managed in accordance with all applicable federal, state, and local
laws and regulations (satisfactory evidence of compliance to be
provided to TVA upon request). Upon receipt of documentation that a
floating cabin is in violation of any federal, state, or local
discharge or water quality regulation by the respective regulatory
agency or upon failure to provide satisfactory evidence of compliance
at TVA's request, TVA is authorized to revoke the permit and require
removal of the floating cabin from the Tennessee River System if the
violation is not corrected as specified by the regulatory agency in
accordance with the agency's requirements or if satisfactory evidence
of compliance is not provided to TVA.
* * * * *
(d) Electrical. Floating cabins shall comply with all applicable
federal, state, and local laws and regulations regarding electrical
wiring and equipment (satisfactory evidence of compliance to be
provided to TVA upon request). Upon receipt of documentation that a
floating cabin is in violation of any federal, state, or local
electrical standard or regulation by the respective regulatory agency
or upon failure to provide satisfactory evidence of compliance at TVA's
request, TVA is authorized to revoke the permit and require removal of
the floating cabin from the Tennessee River System if the violation is
not corrected as specified by the regulatory agency in accordance with
the agency's requirements or if satisfactory evidence of compliance is
not provided to TVA. Floating cabins shall comply with Sec.
1304.209(c)(2).
Michael McCall,
Vice President, Environment and Sustainability.
[FR Doc. 2024-19373 Filed 8-28-24; 8:45 am]
BILLING CODE 8120-08-P
