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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 1304.101i1 through 4. Attached structures associated with a request for a structural modification as described in 1304.101h2iii or a combined floating cabin as described in 1304.101h4 shall not exceed a total footprint of 400 square feet.
j Any floating cabin not in compliance with this part is subject to the applicable removal provisions of 1304.406 and section 9b of the TVA
Act.
6. Revise 1304.102 to read as follows:
1304.102 Numbering of floating cabins and change in ownership.

a All approved floating cabins and attached structures shall display a number assigned by TVA. The owner of the floating cabin shall paint or attach a facsimile of the number on a readily visible part of the outside of the facilities in letters at least three inches high. If TVA provided a placard or tag, it must be displayed on a readily visible part of the outside of the floating cabin.
b When there is a change in ownership of the floating cabin, the new owner shall notify TVA within 60 days.
Upon application to TVA by the new owner, the new owner may continue to use the existing floating cabin or carry out permitted activities pending TVAs decision on reissuance of the permit.
TVA shall reissue the permit upon determining the floating cabin is in good repair, is the same configuration and dimensions length, width, and height of both the floating cabin and the enclosed and open space as previously permitted, moored in the same location or in the harbor limits of the same commercial marina, and complies with the conditions of the previous approval and the requirements of this subpart.
7. Add 1304.103 to read as follows:

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1304.103 Health, safety, and environmental standards.

a Wastewater. Floating cabins shall comply with 1304.2d 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. If a floating cabin is documented to be in violation of any federal, state, or local discharge or water quality regulation by the respective regulatory agency, 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
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agency in accordance with the agencys requirements.
b Flotation. Floating cabins shall comply with the requirements for flotation devices and material contained in 1304.400.
c Mooring. All floating cabins must be moored in such a manner as to:
1 Avoid obstruction of or interference with navigation, flood control, public lands, or reservations;
2 Avoid adverse effects on public lands or reservations;
3 Prevent the preemption of public waters when moored in permanent locations outside of the approved harbor limits of commercial marinas;
4 Protect land and land rights owned by the United States alongside and subjacent to TVA reservoirs from trespass and other unlawful and unreasonable uses;
5 Maintain, protect, and enhance the quality of the human environment;
6 Ensure visibility of all mooring cables; and 7 Comply with 1304.205c.
d Electrical. Floating cabins shall 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 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 agencys requirements. Floating cabins shall comply with 1304.209c2.
e Electrical certifications. Floating cabin owners shall provide, in a form acceptable to TVA, certification of compliance with the electrical standards of paragraphs e1 and 2 of this section with their initial permit application, no later than October 1, 2024, and by October 1 of every evennumbered year thereafter. The certification must be signed by a licensed electrical engineer, a statecertified electrical inspector, or a person certified by the International Association of Electrical Inspectors, the International Code Council, or an equivalent organization.
1 All floating cabins must meet the following minimum requirements for ground fault protection:
i The feeders from electrical service on the shore to the floating cabin shall have ground fault protection not exceeding 100 milliamps.
ii If the floating cabin has a transformer, the transformer shall have ground fault protection not exceeding
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100 milliamps at the first overcurrent protection device on the secondary side of the transformer. The conductors from the transformer enclosure to the overcurrent protection device shall not exceed ten feet and shall be installed in a raceway.
iii If the floating cabin is located in a marina and the feeder supplying the floating cabin is part of the marinas electrical system, the feeder shall have ground fault protection not exceeding 100 milliamps.
iv If another source of electrical power is utilized on a floating cabin, such as but not limited to a generator, photovoltaic cell, or wind turbine, the source of electrical power shall have ground fault protection not exceeding 100 milliamps at the first overcurrent protection device for each source. For permanently installed sources, the conductors from the source to the first overcurrent protection device shall not exceed ten feet and shall be installed in a raceway.
v The floating cabin owner may determine the devices that are utilized to achieve the ground fault protection requirement provided such devices are labeled and listed from a third-party testing laboratory for the purpose of the installation.
2 If power is supplied to the floating cabin by an underwater cable, the portable power cable shall, at a minimum, meet the requirements of National Fire Protection Association 70
Article 555.13 A2 and B4 of the 2017 National Electrical Code. For new portable power cables installed after October 12, 2021, the cables shall meet the requirements of the most recent version of the National Electric Code.
8. Amend 1304.204 by revising paragraphs a and i to read as follows:
1304.204

Docks, piers, and boathouses.

a Docks, piers, boathouses, and all other residential water-use facilities shall not exceed a total footprint area of 1,000 square feet, unless the proposed water-use facility will be located in an area of preexisting development. For the purpose of this regulation, preexisting development means either: The wateruse facility will be located in a subdivision recorded before November 1, 1999, and TVA permitted at least one water-use facility in the subdivision prior to November 1, 1999; or if there is no subdivision, where the water-use facility will be located within a quartermile radius of another water-use facility that TVA permitted prior to November 1, 1999. Water-use facilities located in an area of preexisting development shall
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