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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations evidence of approval from the accepting marina operator.
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A Be prepared electronically or on paper suitable for reproduction no larger than 11 by 17 inches.

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i Application forms are available on TVAs website.
ii
A Be prepared electronically or on paper suitable for reproduction no larger than 11 by 17 inches.
d Discharges into navigable waters of the United States. If construction, maintenance, or operation of the proposed structure or any part thereof, or the conduct of the activity in connection with which approval is sought may result in any discharge into navigable waters of the United States, applicant shall also submit with the application, in addition to the material required by paragraph c of this section, a copy of the request for certification from the state in which such discharge would originate, or if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge would originate, or from the Environmental Protection Agency, that such state or interstate agency or the Environmental Protection Agency has determined that the applicants proposed activity will be conducted in a manner that will comply with applicable water quality standards. The applicant shall further submit such supplemental and additional information as TVA may deem necessary for the review of the application, including, without limitation, information concerning the amounts, chemical makeup, temperature differentials, type and quantity of suspended solids, and proposed treatment plans for any proposed discharges. No section 26a permit will be granted until required certification has been obtained or has been waived. If a certifying agency has not acted within a reasonable period of time, not to exceed one year, of an applicants request for certification from the respective agency and certification is waived, TVA will proceed with processing of the section 26a permit application.
3. Amend 1304.10 by:
a. Revising paragraph b2 and b. Adding paragraph c.
The addition and revision read as follows:
1304.10 Change in ownership of approved facilities or activities

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b
2 Obtain TVA approval for any repairs that would alter the size of the facility, create a structural modification, or for any new construction.
c Change in ownership of a floating cabin is addressed in 1304.102.
4. Revise 1304.100 to read as follows:
1304.100

Scope and intent.

This subpart prescribes requirements for floating cabins on the Tennessee River System. Floating cabins as applied to this subpart include existing nonnavigable houseboats approved by TVA and other existing structures, whose design and use is primarily for human habitation or occupation and not for navigation or transportation on the water. Floating cabins that were not located or moored on the Tennessee River System as of December 16, 2016, shall be deemed new floating cabins.
New floating cabins are prohibited and subject to the removal provisions of this part and Section 9b of the TVA Act. No new floating cabins shall be moored, anchored, or installed on the Tennessee River System. Floating cabins that were located or moored in the Tennessee River System as of December 16, 2016, shall be deemed existing floating cabins.
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 permit from TVA issued after October 12, 2021. All permits for nonnavigable houseboats or floating cabins that were not located on the Tennessee River System as of December 16, 2016, are terminated. Unless otherwise noted, the term floating cabin refers to the primary structure on the monolithic frame as well as all attached structures.
5. Revise 1304.101 to read as follows:
1304.101

Floating cabins.

a1 Floating cabins include nonnavigable houseboats approved by TVA as of December 16, 2016, and other floating structures moored on the Tennessee River System as of this date and determined by TVA in its sole discretion to be designed and used primarily for human habitation or occupation and not designed and used primarily for navigation or transportation on the water as of December 16, 2016. If, at any time, the floating cabin is modified such that it no longer meets the criteria to be deemed a floating cabin, the approval for that existing floating cabin will be terminated. TVAs judgment will be guided by, but not limited to, the following factors:

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i Whether the structure is usually kept at a fixed mooring point;
ii Whether the structure is actually used on a regular basis for transportation or navigation;
iii Whether the structure has a permanent or continuous connection to the shore for electrical, plumbing, water, or other utility service;
iv Whether the structure has the performance characteristics of a vessel typically used for navigation or transportation on water;
v Whether the structure can be readily removed from the water;
vi Whether the structure is used for intermittent or extended humanhabitation or occupancy;
vii Whether the structure clearly has a means of propulsion, and appropriate power/size ratio;
viii Whether the structure is safe to navigate or use for transportation purposes.
2 That a structure could occasionally move from place to place, or that it qualifies under another federal or state regulatory program as a vessel or boat, are factors that TVA also will consider but would not be determinative.
Floating cabins are not recreational vessels to which 1304.409 applies.
b Owners of floating cabins are required to register the floating cabin with TVA by January 10, 2022. Floating cabin owners shall include the following information with their registration: Clear and current photographs of the structure; a drawing or drawings showing in reasonable detail the size and shape of the floating cabin length, width, and height and attached structures, such as decks or slips length, width, and height; and a completed and signed TVA registration form. The completed TVA registration form shall include the mailing and contact information of the owners; the TVA permit or TVA-issued numbers when applicable; the mooring location of the floating cabin; how the floating cabin is moored; how electrical service is provided; how wastewater and sewage are managed; and an owners signature.
c All floating cabins shall comply with the rules contained in this part and make application for a section 26a permit by October 1, 2024.
d Existing floating cabins may remain on the Tennessee River System provided they stay in compliance with the rules contained in this part and pay any necessary and reasonable fees levied by TVA to ensure compliance with TVAs regulations, in accordance with section 9b of the TVA Act.

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