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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
structure. Some commenters stated these additions were minor in size and impacts.
TVA Response: The final rule allows for the addition of attached structures up to a total footprint of 400 square feet.
TVA calculates footprint as the rectangular or square area of the attached structure length times width at the structures widest and longest points. The footprint of each attached structure will be added together to determine the total footprint. Floating cabins accompanied by attached structures of a greater footprint that existed as of December 16, 2016, may remain. Attached structures could be modified to add additional items, such as Jet Ski ports, or different configurations as long as the total footprint remains the same. All items that consume water surface area will be calculated in the total footprint. While the individual impacts from adding additional structures to any individual floating cabin may be minor, the cumulative impacts of these additions could result in a significant increase in square footage of occupied surface area on the reservoirs. One of TVAs goals is to prevent floating cabins from taking up additional square footage on the water.
5. Comments Related to the Combination Program Comment: Multiple commenters requested that TVA increase the maximum size of a combined floating cabin; some suggested 1,800 square feet, one suggested 2,000 square feet, and one suggested no size limitation.
TVA Response: TVAs goal with the combination program is to reduce the number and footprint of floating cabins on the Tennessee River System, especially those in a state of disrepair.
Analysis of TVAs inventory data revealed that a significant majority of floating cabins are smaller than 1,000
square feet. The 1,000-square-foot maximum provides floating cabin owners adequate incentive to utilize the program while staying in line with TVAs goals for the floating cabin program. This size is also consistent with TVAs residential dock footprint standards.

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6. Comments Related to Mooring Requirements Comment: Multiple commenters stated that mooring compliance should be the responsibility of the marina owner, not the floating cabin owner.
Others opposed TVAs restriction against securing mooring lines to trees on TVA property.

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TVA Response: Multiple mooring systems are utilized across TVA
reservoirs that are dependent on topography, reservoir level fluctuations, and level of effort to manage. TVA will permit the mooring obstructions accordingly. For example, in marinas where the floating cabins are moored independently to the bottom of the reservoir and the floating cabin owner is responsible for the purchase and installation of that mooring system, TVA will consider permitting the mooring infrastructure to the floating cabin owner. In other cases where the marina operator installs a mooring grid and each floating cabin anchors to the grid, the components of the mooring system will be permitted to each responsible party i.e., mooring grid is the responsibility of the marina owner, individual anchors are the responsibility of the floating cabin owner. TVA will continue to prohibit the anchoring of all cables, chains, and poles for both floating cabins and other water-use facilities to trees on TVA
property. Anchoring to trees on private property will require permission from the private property owner.
7. Comments Related to Wastewater Comment: Some commenters requested strict enforcement of wastewater discharge regulations.
Others agreed that wastewater restrictions should align with local or state requirements. One commenter stated it was impractical to request the collection and/or purification of graywater and believed effects from graywater discharge were a non-issue.
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
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require removal of the floating cabin in compliance with the WIIN Act.
8. Comments Related to Electrical Requirements Comment: Some commenters requested clarification on the electrical inspection requirements. Others asked for more details on the equipment necessary to comply with the rule.
TVA Response: In response to the comments, TVA has clarified its intent regarding electrical inspections and clarified the inspection interval. While specific requirements and equipment are subject to National Electric Code standards, TVA will provide examples of equipment and installation options on its website at www.tva.com/
floatingcabins.
9. Comments Related to Flotation Comment: Most comments related to flotation were complimentary of TVAs proposal to eliminate all unencased flotation by 2031. A few commenters requested that TVA make this a requirement earlier than 2031.
TVA Response: TVA has prohibited the use of new unencased floatation since 2003. Because this requirement applies to all obstructions including, but not limited to, residential docks and marina facilities, the final rule includes the proposed deadline. In the event that TVA deems existing flotation is no longer serviceable, it must be replaced within 24 months of notification from TVA.
10. Comments Related to Manufactured Houseboats and Other Structures Comment: Some commenters expressed concerns with manufactured houseboats being considered floating cabins. They felt that since vessels are already regulated, additional regulation as floating cabins was unnecessary.
Others commented on the floating docks and other attached structures associated with some navigable houseboats. Some commenters expressed their desire for only these mooring docks to be considered floating cabins while arguing that the houseboats moored to the docks should not be regulated as floating cabins, but instead as vessels.
TVA Response: The determination of a structure as a floating cabin is in TVAs sole discretion and its judgment will be guided by criteria defined in previous rule amendments. It is not TVAs intent to regulate vessels. With regard to docks and other water-use facilities not associated with floating cabins, those structures are regulated under TVAs Section 26a jurisdiction and approval is subject to the applicable regulations. In general, individually-

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