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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations
not exceed a total footprint area of 1,800
square feet.

i Where the applicant owns or controls less than 50 feet of property adjoining TVA shoreland, the overall width of the facilities permitted along the shore shall be limited to ensure sufficient space to accommodate other property owners.

9. Amend 1304.211 by revising paragraph d2 to read as follows:
1304.211 Change in ownership of grandfathered structures or alterations.

d
2 Obtain TVA approval for any repairs that would alter the size of the facility, create a structural modification, for any new construction, or for removal of trees or other vegetation except for mowing of lawns established prior to November 1, 1999.
10. Amend 1304.212 by revising paragraph a1 to read as follows:
1304.212

Waivers.

a
1 The property is within a preexisting development as defined in 1304.204a; and

11. Amend 1304.302 by revising the first sentence to read as follows:
1304.302 Vegetation management on flowage easement shoreland.

Removal, modification, or establishment of vegetation on privately-owned shoreland subject to a TVA flowage easement generally does not require approval by TVA.
12. Revise 1304.400a to read as follows.

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1304.400 Flotation devices and material, all floating structures.

a1 By December 31, 2031, all unencased i.e., Styrofoam flotation shall have been removed and replaced with flotation consistent with this subpart. Structures continuing to use unencased flotation after December 31, 2031, will be subject to removal under 1304.406. Use or reuse of unencased flotation for repairs, replacement, or new construction is prohibited. Existing unencased flotation secured in place prior to September 8, 2003 may continue to be used until December 31, 2031, so long as it remains attached and in good condition in TVAs judgement.
If, in TVAs judgement, the flotation is no longer serviceable, it shall be replaced with approved flotation within 24 months upon notification from TVA.

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2 All flotation for docks, boat mooring buoys, floating cabins and attached structures, and other water-use structures and facilities, shall be of materials commercially manufactured for marine use. Flotation materials shall be fabricated so as not to crack, peel, fragment, become water-logged, or be subject to loss of beads. Flotation materials shall be resistant to puncture, penetration, damage by animals, and fire. Any flotation within 40 feet of a line carrying fuel shall be 100 percent impervious to water and fuel. Use of plastic, metal, or other previously used drums or containers for encasement or flotation purposes is prohibited, except as provided in paragraph c of this section for certain metal drums already in use. For any flotation devices or material, repair or replacement is required when it no longer performs its designated function or it exhibits any of the conditions prohibited by this subpart.

13. Revise the first sentence of 1304.406 to read as follows.
1304.406 Removal of unauthorized, unsafe and derelict structures or facilities.

If, at any time, any dock, wharf, boathouse fixed or floating, floating cabin, outfall, aerial cable or other fixed or floating structure or facility including any navigable boat or vessel that has become deteriorated or is a potential navigation hazard or impediment to flood control is anchored, installed, constructed or moored in a manner inconsistent with this part, or is not constructed in accordance with TVAs approval or plans approved by TVA, or is not maintained or operated so as to remain in accordance with this part and such approval or plans, or is not kept in a good state of repair and in good, safe and substantial condition, and the owner or operator thereof fails to repair or remove such structure or operate or maintain it in accordance with such approval or plans within ninety 90
days after written notice from TVA to do so, TVA may cancel any license, permit, or approval and remove such structure, and/or cause it to be removed, from the Tennessee River system and/or lands in the custody and control of TVA.
14. Amend 1304.412 by:
a. Adding in alphabetical order the definition of Attached structure;
b. Revising the definition of Backlot:;
c. Adding in alphabetical order the definition of Combined floating cabin;
d. Revising the definitions for Community outlot, Enclosed structure, Existing floating cabin;

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e. Adding in alphabetical order the definition of Floating cabin, f. Revising the definition of Footprint;
g. Adding in alphabetical order the definition of Monolithic frame;
h. Revising the definitions of New floating cabin, and Rebuilding; and i. Adding in alphabetical order the definition of Structural Modification.
The additions and revisions read as follows:

1304.412

Definitions.

Attached structure means a floating deck, walkway, platform, slip, Jet Ski port, or other floating structure that supports the use of a floating cabin and can be detached from the floating cabin.
Attached structures are not considered part of the monolithic frame of a floating cabin.

Backlot means a residential lot not located adjacent to the shoreland but located in a subdivision associated with the shoreland.

Combined floating cabin means a single floating cabin that replaces two or more existing floating cabins.

Community outlot means a subdivision lot located adjacent to the shoreland and designated by deed, subdivision covenant, or recorded plat as available for use by designated property owners within the subdivision.

Enclosed structure means a structure enclosed overhead and on all sides so as to keep out the weather. Floor space shall not be considered enclosed if three of the four walls are constructed of wire or screen mesh from floor to ceiling, and the wire or screen mesh leaves the interior of the structure open to the weather.
Existing floating cabin means a floating cabin that was located or moored on the Tennessee River System as of December 16, 2016.
Floating cabin means a nonnavigable houseboat approved by TVA as of December 16, 2016, and other floating structures moored on the Tennessee River System 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.

Footprint means the total water surface area of either a square or rectangular shape occupied by a floating
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