Floating Cabins, 104878-104882 [2024-30420]
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104878
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Rules and Regulations
Authority: 49 U.S.C. 106(f), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p.389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11J,
Airspace Designations and Reporting
Points, dated July 31, 2024, and
effective September 15, 2024, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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ANM WY E5 Dubois, WY [New]
Dubois Municipal Airport, WY
(Lat. 43°32′55″ N, long. 109°41′27″ W)
That airspace extending upward from 700
feet above the surface within 1.9 miles on
either side of the 117° bearing extending from
the airport to 8.2 miles southeast, and within
4.8 miles northeast and 1.9 miles southwest
of the 297° bearing extending from the airport
to 4.5 miles northwest.
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Issued in Des Moines, Washington, on
December 17, 2024.
B.G. Chew,
Group Manager, Operations Support Group,
Western Service Center.
[FR Doc. 2024–30623 Filed 12–23–24; 8:45 am]
BILLING CODE 4910–13–P
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
RIN 3316–AA25
Floating Cabins
Tennessee Valley Authority.
Final rule.
AGENCY:
ACTION:
The Tennessee Valley
Authority (TVA) is publishing a final
rule to amend its regulations that govern
floating cabins located on the Tennessee
River System.
DATES: This final rule is effective
January 27, 2025.
FOR FURTHER INFORMATION CONTACT:
David B. Harrell, 865–632–1327,
dbharrell@tva.gov, Mail address:
Tennessee Valley Authority, Attn:
Floating Cabins, 400 West Summit Hill
Drive, WT 11A–K, Knoxville, TN 37902.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Legal Authority
This final rule is 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
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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
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
inundated land along and under its
reservoir system.
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
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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
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may establish regulations to prevent the
construction of new floating cabins.
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Previous 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.
Final Rule
The final rule for floating cabins
applies 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 must comply with the
standards in TVA’s regulations and
submit a complete Section 26a permit
application that certifies compliance
and includes the payment of a permit
application fee by October 1, 2029. TVA
will not require floating cabin owners to
pay the initial permit application fee if
they possess a permit in their name
issued before December 16, 2016, and
the structure is compliant with the
terms of the permit, constructed in
accordance with the permit (same
dimensions, attached structures such as
docks, and utility connections), and
moored at the permitted location.
TVA’s Section 26a regulations
previously required floating cabins to
comply with the standards and apply
for a new permit by October 1, 2024.
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This final rule extends that time until
October 1, 2029. TVA has encouraged
floating cabin owners to bring floating
cabins into compliance and then apply
for a permit without delay. TVA may
deny an initial application for a floating
cabin if it is submitted after 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.
Rebuilding
This final rule 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
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 have potential to create
confusion for floating cabin owners
about applicable requirements.
This final rule does not change 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. The final rule removes
the separate electrical standards for
floating cabins from the Section 26a
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regulations and removes 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 that
compliance with those other agency
standards is a condition of the Section
26a permit. This final rule also clarifies
that applicants must provide
documentation, upon TVA’s request,
that demonstrates the floating cabin is
in compliance with applicable
wastewater and electric standards. In
the event that a floating cabin owner
fails to provide satisfactory evidence of
compliance upon request, TVA may
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, this final
rule provides other minor amendments
to the Section 26a regulations. These
include minor edits for clarity and
consistency in the regulations. This
includes a clarification that TVA’s
issuance of a Section 26a permit for any
proposed facility or obstruction does not
mean the proposed facility or
obstruction has been deemed safe by
TVA. TVA is also clarifying that TVA
may proceed with the review of a
Section 26a application absent the
submission of some of the application
materials identified in 18 CFR 1304.2.
Comments on the Proposed Rule and
TVA’s Responses
TVA published the proposed rule for
public review and comment in the
Federal Register on August 29, 2024 (89
FR 70145). TVA received six comments
during the public review period, all via
email, from six individuals. Only three
of the comments provided input on the
proposed rule. The other three
comments posed questions about
individual floating cabins. The
following discussion describes a
summary of the comments received and
provides TVA’s response to the
comments. TVA appreciates the
perspectives, interests, and concerns
expressed by all commenters. After
careful consideration of all comments
received, TVA is finalizing the rule as
proposed.
1. Comment Related to Wastewater
Comment: One commenter stated that
graywater discharge was not included in
the regulations and referenced rumors
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about only the discharge of untreated
sewage being prohibited.
TVA Response: Discharges of
blackwater and graywater are regulated
by the EPA and the state agencies that
are responsible for issuing National
Pollutant Discharge Elimination System
permits for facilities that discharge
sewage or other wastewater. Pursuant to
Section 401 of the Clean Water Act, if
a structure or activity for which federal
approval is sought may result in any
discharge into navigable waters of the
United States, then the applicant must
also request certification from the
relevant state certifying agency when
applying for a Section 26a permit. If the
certifying agency denies certification on
appropriate grounds, TVA will not be
able to issue the Section 26a permit. If
the certifying agency grants certification
with appropriate conditions, those
conditions are required to be
incorporated in the Section 26a permit.
If the conditions of that certification are
violated or TVA is notified of an
unresolved violation by one of these
regulatory agencies, TVA is authorized
to revoke the Section 26a permit and
require removal of the floating cabin in
compliance with the WIIN Act.
2. Comment Related to the Sunset
Period in the TVA Board Policy, WIIN
Act, and Flotation Deadline
Comment: One commenter expressed
concern about the extension as it relates
to the original TVA Board of Directors
(Board) Policy sunset date of May 15,
2046, the section of the WIIN Act that
addresses removal of floating cabins,
and the December 31, 2031, deadline to
remove unencased flotation. There
appears to be confusion around these
deadlines.
TVA Response: There are several
different dates that are relevant to
maintaining floating cabins on the
Tennessee River System based on the
TVA Act and TVA’s Section 26a
regulations. On May 5, 2016, the TVA
Board adopted a policy that would have
required all existing floating cabins to
be removed from the Tennessee River
System by May 5, 2046 (sunset period).
On December 16, 2016, Congress
enacted the Water Infrastructure
Improvements for the Nation Act of
2016 (WIIN Act), which related to
floating cabins and amended the TVA
Act to include Section 9b. This new
section of the TVA Act removed the 30year sunset period and provided that
floating cabins that were located on
waters under the jurisdiction of TVA as
of December 16, 2016, may remain if the
floating cabin is maintained to
reasonable health, safety, and
environmental standards as required by
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TVA. The WIIN Act further stipulated
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 the WIIN Act’s enactment,
or (2) for a period of five years if it was
not granted a permit by TVA before the
WIIN Act’s enactment.
TVA’s Section 26a regulations include
a deadline of December 31, 2031, when
all unencased flotation must be removed
and replaced with flotation
commercially manufactured for marine
use and consistent with standards
defined in the regulations. This
requirement applies to all water-use
facilities permitted by TVA, including
floating cabins.
This final rule requires floating cabin
owners to comply with the regulations
and apply for a permit no later than
October 1, 2029. Any permit issued will
be contingent upon compliance with the
flotation rule by December 31, 2031.
The Board sunset period no longer
applies. The WIIN Act removal date for
floating cabins that were not granted a
permit before the WIIN Act has already
passed; TVA may not require the
removal of previously permitted floating
cabins until December 16, 2031.
3. Comments in Support of the Final
Rule
Comment: Two commenters
expressed general support for the final
rule amendments, particularly the
extension of the compliance and
application deadline.
TVA Response: TVA acknowledges
these comments and agrees with the
need for the extension and to avoid
confusion around electrical
requirements.
4. Questions About Floating Cabins
Comment: Three commenters posed
questions about the proposal, including
questions on individual floating cabins
and the corresponding deadlines for
electrical standards.
TVA Response: Questions about
individual floating cabins and
compliance may be directed to TVA at
fh@tva.gov.
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Administrative Requirements
A. Unfunded Mandates Reform Act,
National Environmental Policy 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
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.
This final rule 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. This final rule 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 this final rule have concerns
for environmental health or safety risks
that may disproportionately affect
children, have significant effect on the
supply, distribution, or use of energy, or
disproportionally impact low-income or
minority populations. Unified
development and regulation of the
Tennessee River System through an
approval process for obstructions across,
along, or in the river system and
management of United States-owned
land entrusted to TVA are federal
functions for which TVA is responsible
under the TVA Act, as amended. In
general, this final rule updates TVA’s
regulations relating to the standards that
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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
rule 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 final rule tangentially
impacts 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.
C. Paperwork Reduction Act
Title of Information Collection:
Section 26a Permit Application.
OMB Approval Number: 3316–0060.
This rule contains information
collection requirements for registration
and permitting of floating cabins, which
were approved by the Office of
Management and Budget (OMB) on July
31, 2024.
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List of Subjects in 18 CFR Part 1304
Administrative practice and
procedure, Natural resources,
Navigation (water), Rivers, Water
pollution control.
For the reasons set out in the
preamble, the Tennessee Valley
Authority amends 18 CFR part 1304 as
follows:
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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.
*
*
*
*
*
(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
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■
104881
d. Revising paragraph (i)(3).
The revisions read as follows:
§ 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 § 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
§ 1304.101(i). The footprint of the
attached structures shall not be
incorporated into the footprint of the
monolithic frame of the floating cabin.
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*
*
*
(i) * * *
(3) Attached structures shall not
exceed 14 feet in height from the lowest
floor level, shall not be enclosed, shall
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not be connected to the monolithic
frame by a single roofline, and shall
comply with § 1304.204(p).
*
*
*
*
*
■
■
■
■
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
5. Amend § 1304.103 by:
a. Revising paragraph (a);
b. Revising paragraph (d); and
c. Removing paragraph (e).
The revisions read as follows:
33 CFR Part 165
[Docket Number USCG–2024–1078]
RIN 1625–AA87
Security Zone; Corpus Christi Ship
Channel, Corpus Christi, TX
ddrumheller on DSK120RN23PROD with RULES1
§ 1304.103 Health, safety, and
environmental standards.
Michael McCall,
Vice President, Environment and
Sustainability.
[FR Doc. 2024–30420 Filed 12–23–24; 8:45 am]
BILLING CODE 8120–08–P
VerDate Sep<11>2014
16:29 Dec 23, 2024
Coast Guard, DHS.
Temporary final rule.
AGENCY:
(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
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).
Jkt 265001
ACTION:
The Coast Guard is
establishing a temporary moving
security zone for navigable waters
within a 500-yard radius of certain
vessels carrying cargo requiring an
elevated level of security in the Corpus
Christi Ship Channel. The temporary
security zone is needed to protect the
vessels, the cargo, and the surrounding
waterway from terrorist acts, sabotage,
or other subversive acts, accidents, or
events of a similar nature. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Sector Corpus Christi or a designated
representative.
DATES: For the purposes of enforcement,
actual notice will be used from
December 20, 2024, until December 26,
2024. This rule is effective without
actual notice from December 26, 2024
until December 27, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
1078 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Lieutenant Tim Cardenas,
Sector Corpus Christi Waterways
Management Division, U.S. Coast
Guard; telephone 361–939–5130,
emailTimothy.J.Cardenas@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Corpus
Christi
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under the authority in 5
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
U.S.C. 553(b)(B). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard was
notified of these vessels’ transit and
cargo on December 12, 2024. There is
insufficient time to publish an NPRM
before this operation because the
security zone must be established by
December 20, 2024, to ensure security of
the vessels and the surrounding area
and there is insufficient time to provide
a reasonable comment period and to
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard also finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because quick action is needed
to provide for the security of this vessel
and its surroundings while it is in
transit.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
security zone regulation under the
authority in 46 U.S.C. 70051 and 70124.
The Captain of the Port, Sector Corpus
Christi (COTP) has determined that
potential hazards are associated with
the transit of the Motor Vessel (M/V)
ARC INDEPENDENCE. There is a
security concern within a 500-yard
radius of the vessel when it’s loaded
and transiting while loaded. This rule is
needed to provide for the safety and
security of the vessel, its cargo, and the
surrounding waterway from terrorist
acts, sabotage, or other subversive acts,
accidents, or other events of a similar
nature while the vessel is transiting
within Corpus Christi, TX.
IV. Discussion of the Rule
The Coast Guard is establishing a 500yard radius, temporary, moving security
zone around M/V ARC
INDEPENDENCE. Other mariners and
vessels will be able to identify the
security zone because the M/V ARC
INDEPENDENCE’s name is clearly
marked on its stern, and port and
starboard sides. The zone for the vessel
will be effective from December 20,
2024, through December 27, 2024, and
will be enforced when the vessel is
loaded and transiting the Corpus Christi
Ship Channel. The security zone will be
E:\FR\FM\26DER1.SGM
26DER1
]]>Agencies
[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Rules and Regulations]
[Pages 104878-104882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30420]
=======================================================================
-----------------------------------------------------------------------
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
RIN 3316-AA25
Floating Cabins
AGENCY: Tennessee Valley Authority.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Tennessee Valley Authority (TVA) is publishing a final
rule to amend its regulations that govern floating cabins located on
the Tennessee River System.
DATES: This final rule is effective January 27, 2025.
FOR FURTHER INFORMATION CONTACT: David B. Harrell, 865-632-1327,
[email protected], Mail address: Tennessee Valley Authority, Attn:
Floating Cabins, 400 West Summit Hill Drive, WT 11A-K, Knoxville, TN
37902.
SUPPLEMENTARY INFORMATION:
Legal Authority
This final rule is 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
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 inundated land
along and under its reservoir system.
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
[[Page 104879]]
may establish regulations to prevent the construction of new floating
cabins.
Previous 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.
Final Rule
The final rule for floating cabins applies 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 must comply with the standards in TVA's
regulations and submit a complete Section 26a permit application that
certifies compliance and includes the payment of a permit application
fee by October 1, 2029. TVA will not require floating cabin owners to
pay the initial permit application fee if they possess a permit in
their name issued before December 16, 2016, and the structure is
compliant with the terms of the permit, constructed in accordance with
the permit (same dimensions, attached structures such as docks, and
utility connections), and moored at the permitted location.
TVA's Section 26a regulations previously required floating cabins
to comply with the standards and apply for a new permit by October 1,
2024. This final rule extends that time until October 1, 2029. TVA has
encouraged floating cabin owners to bring floating cabins into
compliance and then apply for a permit without delay. TVA may deny an
initial application for a floating cabin if it is submitted after 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.
Rebuilding
This final rule 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 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 have potential to
create confusion for floating cabin owners about applicable
requirements.
This final rule does not change 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. The final rule removes the separate electrical
standards for floating cabins from the Section 26a regulations and
removes 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 that compliance with those other agency standards is
a condition of the Section 26a permit. This final rule also clarifies
that applicants must provide documentation, upon TVA's request, that
demonstrates the floating cabin is in compliance with applicable
wastewater and electric standards. In the event that a floating cabin
owner fails to provide satisfactory evidence of compliance upon
request, TVA may 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,
this final rule provides other minor amendments to the Section 26a
regulations. These include minor edits for clarity and consistency in
the regulations. This includes a clarification that TVA's issuance of a
Section 26a permit for any proposed facility or obstruction does not
mean the proposed facility or obstruction has been deemed safe by TVA.
TVA is also clarifying that TVA may proceed with the review of a
Section 26a application absent the submission of some of the
application materials identified in 18 CFR 1304.2.
Comments on the Proposed Rule and TVA's Responses
TVA published the proposed rule for public review and comment in
the Federal Register on August 29, 2024 (89 FR 70145). TVA received six
comments during the public review period, all via email, from six
individuals. Only three of the comments provided input on the proposed
rule. The other three comments posed questions about individual
floating cabins. The following discussion describes a summary of the
comments received and provides TVA's response to the comments. TVA
appreciates the perspectives, interests, and concerns expressed by all
commenters. After careful consideration of all comments received, TVA
is finalizing the rule as proposed.
1. Comment Related to Wastewater
Comment: One commenter stated that graywater discharge was not
included in the regulations and referenced rumors
[[Page 104880]]
about only the discharge of untreated sewage being prohibited.
TVA Response: Discharges of blackwater and graywater are regulated
by the EPA and the state agencies that are responsible for issuing
National Pollutant Discharge Elimination System permits for facilities
that discharge sewage or other wastewater. Pursuant to Section 401 of
the Clean Water Act, if a structure or activity for which federal
approval is sought may result in any discharge into navigable waters of
the United States, then the applicant must also request certification
from the relevant state certifying agency when applying for a Section
26a permit. If the certifying agency denies certification on
appropriate grounds, TVA will not be able to issue the Section 26a
permit. If the certifying agency grants certification with appropriate
conditions, those conditions are required to be incorporated in the
Section 26a permit. If the conditions of that certification are
violated or TVA is notified of an unresolved violation by one of these
regulatory agencies, TVA is authorized to revoke the Section 26a permit
and require removal of the floating cabin in compliance with the WIIN
Act.
2. Comment Related to the Sunset Period in the TVA Board Policy, WIIN
Act, and Flotation Deadline
Comment: One commenter expressed concern about the extension as it
relates to the original TVA Board of Directors (Board) Policy sunset
date of May 15, 2046, the section of the WIIN Act that addresses
removal of floating cabins, and the December 31, 2031, deadline to
remove unencased flotation. There appears to be confusion around these
deadlines.
TVA Response: There are several different dates that are relevant
to maintaining floating cabins on the Tennessee River System based on
the TVA Act and TVA's Section 26a regulations. On May 5, 2016, the TVA
Board adopted a policy that would have required all existing floating
cabins to be removed from the Tennessee River System by May 5, 2046
(sunset period).
On December 16, 2016, Congress enacted the Water Infrastructure
Improvements for the Nation Act of 2016 (WIIN Act), which related to
floating cabins and amended the TVA Act to include Section 9b. This new
section of the TVA Act removed the 30-year sunset period and provided
that floating cabins that were located on waters under the jurisdiction
of TVA as of December 16, 2016, may remain if the floating cabin is
maintained to reasonable health, safety, and environmental standards as
required by TVA. The WIIN Act further stipulated 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 the WIIN Act's
enactment, or (2) for a period of five years if it was not granted a
permit by TVA before the WIIN Act's enactment.
TVA's Section 26a regulations include a deadline of December 31,
2031, when all unencased flotation must be removed and replaced with
flotation commercially manufactured for marine use and consistent with
standards defined in the regulations. This requirement applies to all
water-use facilities permitted by TVA, including floating cabins.
This final rule requires floating cabin owners to comply with the
regulations and apply for a permit no later than October 1, 2029. Any
permit issued will be contingent upon compliance with the flotation
rule by December 31, 2031. The Board sunset period no longer applies.
The WIIN Act removal date for floating cabins that were not granted a
permit before the WIIN Act has already passed; TVA may not require the
removal of previously permitted floating cabins until December 16,
2031.
3. Comments in Support of the Final Rule
Comment: Two commenters expressed general support for the final
rule amendments, particularly the extension of the compliance and
application deadline.
TVA Response: TVA acknowledges these comments and agrees with the
need for the extension and to avoid confusion around electrical
requirements.
4. Questions About Floating Cabins
Comment: Three commenters posed questions about the proposal,
including questions on individual floating cabins and the corresponding
deadlines for electrical standards.
TVA Response: Questions about individual floating cabins and
compliance may be directed to TVA at [email protected].
Administrative Requirements
A. Unfunded Mandates Reform Act, National Environmental Policy 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
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.
This final rule 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. This final rule 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 this final
rule have concerns for environmental health or safety risks that may
disproportionately affect children, have significant effect on the
supply, distribution, or use of energy, or disproportionally impact
low-income or minority populations. Unified development and regulation
of the Tennessee River System through an approval process for
obstructions across, along, or in the river system and management of
United States-owned land entrusted to TVA are federal functions for
which TVA is responsible under the TVA Act, as amended. In general,
this final rule updates TVA's regulations relating to the standards
that
[[Page 104881]]
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 rule 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 final rule
tangentially impacts 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.
C. Paperwork Reduction Act
Title of Information Collection: Section 26a Permit Application.
OMB Approval Number: 3316-0060.
This rule contains information collection requirements for
registration and permitting of floating cabins, which were approved by
the Office of Management and Budget (OMB) on July 31, 2024.
List of Subjects in 18 CFR Part 1304
Administrative practice and procedure, Natural resources,
Navigation (water), Rivers, Water pollution control.
For the reasons set out in the preamble, the Tennessee Valley
Authority amends 18 CFR part 1304 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.
* * * * *
(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
[[Page 104882]]
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. 2024-30420 Filed 12-23-24; 8:45 am]
BILLING CODE 8120-08-P
