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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations owned mooring docks or other wateruse facilities in marina harbor limits associated with a vessel will not be permitted and will not be considered a floating cabin.

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11. Comments Related to the WIIN Act Effective Date Comment: Some commenters requested that TVA use a later date than December 16, 2016, for the date on which floating cabins and attached structures are considered existing and allowed to remain on the reservoirs if they comply with TVAs regulations.
The main reason stated in support of this request is that many floating cabin owners were not aware of the new regulations before this date.
TVA Response: TVA has formally engaged the public and floating cabin community related to its review of these structures since April 30, 2014, when it published the Notice of Intent to assess impacts of floating cabins and invited public comments on scoping. TVAs Draft EIS was published in June 2015, which included proposed standards for regulation. Various opportunities for public engagement and education have been offered, including the Boards public listening sessions. December 16, 2016, is the date selected by Congress when it passed the WIIN Act. Pursuant to the WIIN Act, TVA published this cutoff date in the prior Section 26a rule amendments.
12. Comments Related to Fees Comment: Commenters had questions and requested clarification about the fees TVA will charge. One commenter stated that TVA is collecting an excessive amount of money for registration, transfer, alteration, combination, relocation, and yearly fees with no transparency or accountability.
TVA Response: TVA has standard permit application fees that apply to all Section 26a requests, including floating cabins. Currently, the standard permit application fee for a minor activity, which includes most floating cabins, is $500. Modifications to an existing obstruction require a new permit, and the application fee is $500. The application fee for a change in ownership with no associated modifications is $250. Requests for major construction activities are assessed a $1,000 application fee and are full cost recovery. There is no fee for registration of a floating cabin.
Section 26a permit application fees are governed by TVAs Administrative Cost Recovery regulations 18 CFR part 1310 and are assessed per application, regardless of the number of items requested in a single application there
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is not an additional fee for each item requested. While TVA was granted the authority by the WIIN Act to levy a compliance fee for floating cabins, TVA
will not establish that charge at this time.
13. Comments in Support of the Final Rule Comment: Numerous commenters expressed general support for the final rule amendments. Many expressed appreciation for TVAs collaborative approach at managing the Floating Cabin Program and drafting reasonable regulations. Others commented that TVAs documentation, inventory, registration, and inspection of floating cabins is an appropriate way to ensure owners are held accountable for properly maintaining their structures.
Others emphasized that TVA should regularly and fairly enforce the regulations.
TVA Response: TVA acknowledges these comments and agrees with the need to have reasonable standards and rules, have consistent enforcement of regulations, and avoid overly burdensome requirements. TVA
appreciates the input and feedback received from the stakeholder group.
III. 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. 13771, Reducing Regulation and Controlling Regulatory Costs 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
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https www.tva.com/floatingcabins.
One of the alternatives evaluated by TVA in the EIS was to approve and issue permits for the mooring of existing floating cabins that meet new minimum standards and to prohibit new floating cabins. TVA previously published a final rule that 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. This final rule establishes minimum health, safety, environmental, and permitting standards that existing floating cabins will be required to meet. TVAs analysis of this alternative in the EIS determined that prohibiting new floating cabins and applying new standards would result in minor beneficial impacts to many resource areas e.g., water quality, recreation, cultural resources, but that the alternative may result in significant economic effects to some floating cabin owners or marina operators, depending on the extent to which their floating cabin would need to be updated to meet the new standards.
This final rule is a significant regulatory action under the criteria set forth in section 3f of Executive Order 12866, Regulatory Planning and Review. 58 FR 51735 October 4, 1993.
Accordingly, this action was subject to review by the Office of Information and Regulatory Affairs OIRA in the Office of Management and Budget OMB. TVA has determined it will not have an economically significant annual effect of $100 million or more or result in expenditures of $100 million in any one year by state, local, or tribal governments or by the private sector.
TVA estimates there are approximately 2,200 floating cabins on the Tennessee River System. TVAs estimate on compliance costs include the following ranges for each Floating Cabin provision: 1 Wastewater: $4,000
$8,000; 2 flotation: $10,000$15,000;
3 mooring: $3,000$5,000; 4
electrical: $250$5,000. Most of the costs described are one-time investments, and not every floating cabin will require modifications in each area as many are already in compliance with one or more of the new provisions.
As a result, this final rule will not exceed $100 million in annual impact.
This final rule contains no federal mandates for state, local, or tribal government or for the private sector.
The 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
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