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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
e Existing floating cabins must be moored at one of the following locations:
1 To the bank of the reservoir at locations where the owner of the floating cabin is the owner or lessee or the licensee of such owner or lessee of the proposed mooring location provided the floating cabin was moored at such location as of December 16, 2016;
2 At locations described by 1304.201a1, 2, and 3 provided the floating cabin was moored at such location as of December 16, 2016;
3 To the bank of the reservoir at locations where the owner of the floating cabin obtained written approval from TVA pursuant to subpart A of this part authorizing mooring at such location as of December 16, 2016; or 4 Within the designated and approved harbor limits of a commercial marina that complies with 1304.404.
As provided in 1304.404, TVA may adjust harbor limits and require relocation of an existing floating cabin within the harbor limits.
f Applications for mooring of a floating cabin outside of designated harbor limits will be disapproved if TVA determines that the proposed mooring location would be contrary to the intent of this subpart.
g A floating cabin moored at a location approved pursuant to this subpart shall not be relocated and moored at a different location without a permit from TVA, except for movement to a new location within the designated harbor limits of the same commercial marina. Existing floating cabins may only relocate to the harbor limits of a commercial marina that complies with 1304.404 on the same reservoir where the floating cabin was moored as of December 16, 2016. Relocation of a floating cabin to another TVA reservoir is prohibited.
h1 Existing floating cabins shall be maintained in a good state of repair and may be maintained without additional approval from TVA. By way of example, these activities may include painting, changing the internal walls within the existing enclosed space, replacing the shingles, siding, electrical wiring, or plumbing, or adding new flotation in compliance with 1304.400. Repair and maintenance activities shall not modify the dimensions length, width, and height of the floating cabin, any external walls, or the enclosed or open space.
2 Any alterations to the dimensions or approved plans for an existing floating cabin shall be deemed a structural modification and shall require prior written approval from TVA. All expansions in length, width, or height
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are prohibited, except under the following circumstances if approved in writing in advance by TVA:
i TVA may allow alterations necessary to comply with health, safety, and environmental standards;
ii TVA may allow changes in roof pitch or allow open portions of the monolithic frame to be covered, but no part of the floating cabin may exceed a total height of 14 feet above the lowest floor level; or iii TVA may allow enclosure of existing open space on the monolithic frame of the existing floating cabin if the enclosure will not result in expansion to the dimensions length, width, and height of the monolithic frame, subject to 1304.101i. At least 24 contiguous square feet of open space with a minimum width of four feet shall be maintained on the monolithic frame for unrestricted boarding.
3 Owners must submit an application to TVA 60 days in advance of proposed rebuilding of a floating cabin or a significant portion of a floating cabin. 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 owners expense before construction of the rebuild may begin.
The owner shall provide evidence of approval from the marina operator to rebuild within the 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 floating cabin shall match the exact configuration and dimensions length, width, and height of both the total floating cabin and the enclosed and open space as approved by TVA; attached structures are subject to 1304.101i.
4 TVA may allow the exchange of multiple existing floating cabins removed from the Tennessee River System for a single combined floating cabin under the following conditions:
i Prior written approval from TVA
shall be obtained before taking any actions. Evidence shall be provided to TVA that all existing floating cabins to be exchanged were located on the Tennessee River System as of December 16, 2016.
ii Plans for removal of the existing floating cabins shall be approved in writing by TVA before removal occurs, and the floating cabins shall be removed at the owners expense before construction of the new combined floating cabin may begin. Approvals of the existing floating cabins to be
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exchanged will be terminated.
Construction on the new combined floating cabin must be completed within 18 months.
iii The combined floating cabin shall be moored within the harbor limits of a commercial marina that complies with 1304.404. The owner shall provide evidence of approval from the marina operator to locate within the marina.
The combined floating cabin must be located on the same reservoir as any of the existing floating cabins to be exchanged.
iv The maximum total size of the monolithic frame of the combined floating cabin is 1,000 square feet or the sum of the square footage of the monolithic frames of the existing exchanged floating cabins, whichever is less. At least 24 contiguous square feet with a minimum width of four feet must remain open to allow for unrestricted boarding of the combined floating cabin.
Any square footage of the existing exchanged floating cabins that exceeds the maximum allowable total size of the combined floating cabin is not transferrable to other projects or owners.
v The maximum height of any part of the combined floating cabin is 14 feet above the lowest floor level.
vi Floating attached structures, such as decks or platforms, are subject to 1304.101i.
i With written approval from TVA, floating cabins may be accompanied by floating attached structures subject to the following:
1 A single floating cabin may have multiple floating attached structures.
The footprint of each attached structure will be measured as a rectangular or square area. The total footprint of all attached structures for a single floating cabin cannot exceed 400 square feet or the total footprint of the existing attached structures that were part of the floating cabin as of December 16, 2016, whichever is greater.
2 The footprint of the attached structures shall not be incorporated into the footprint of the monolithic frame of the floating cabin.
3 Attached structures shall not exceed 14 feet in height from the lowest floor level, shall not be enclosed, and shall comply with 1304.204p.
4 All attached structures must be permitted to the floating cabin owner.
The owner shall provide evidence of approval from the marina operator for the attached structures.
5 Existing attached structures that were part of the floating cabin as of December 16, 2016, may remain with written approval from TVA. Any requests to rebuild or reconfigure attached structures must comply with
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