Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 50625 

■ b. Revising paragraphs (e) and (f). 

The revisions read as follows: 

§ 1204.1403 Available airport facilities. 

* * * * * 

(e) NASA owned but non-NASA 

operated airfields. (1) Shuttle Landing 

Facility (SLF) may be made available on 

an individual emergency basis to a user 

with prior permission from the airfield 

operator. 

(2) Moffett Federal Airfield (MFA) 

may be made available on an individual 

emergency basis to a user with prior 

permission from the airfield operator. 

(3) No facilities or services other than 

those described in this section are 

available except on an individual prior 

permission or emergency basis to any 

user. 

(f) Status of facilities. Changes to the 

status of the KSC, WFF, and MFA 

facilities will be published in 

appropriate current FAA or Department 

of Defense (DOD) aeronautical 

publications. 

§ 1204.1404 [Amended] 

■ 4. Amend § 1204.1404 by removing 

and reserving paragraphs (a)(1) and (3). 

■ 5. Amend § 1204.1405 by revising 

paragraph (c) to read as follows: 

§ 1204.1405 Approving authority. 

* * * * * 

(c) Moffett Federal Airfield. Chief, 

Airfield Management Office, Ames 

Research Center, NASA. 

Nanette Smith, 

Team Lead, NASA Directives and 

Regulations. 

[FR Doc. 2021–19508 Filed 9–9–21; 8:45 am] 

BILLING CODE 7510–13–P 

TENNESSEE VALLEY AUTHORITY 

18 CFR Part 1304 

RIN 3316–AA24 

Floating Cabins 

AGENCY: Tennessee Valley Authority. 

ACTION: Final rule. 

SUMMARY: The Tennessee Valley 

Authority (TVA) is publishing a final 

rule to amend its regulations that govern 

floating cabins located on the Tennessee 

River System. The unrestrained mooring 

of floating cabins on the Tennessee 

River System, if left unaddressed, would 

pose unacceptable risks to navigation, 

safety, the environment, and public 

lands. These amendments provide 

health, safety, and environmental 

standards as well as establish permitting 

standards with regard to rebuilding, 

modifying, or combining floating cabins. 

DATES: This final rule is effective 

October 12, 2021. 

FOR FURTHER INFORMATION CONTACT: 

David B. Harrell, 865–632–1327, Email: 

dbharrell@tva.gov or fc@tva.gov, Mail 

address: Tennessee Valley Authority, 

400 West Summit Hill Drive, WT 11A– 

K, Knoxville, TN 37902. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

This final rule is promulgated under 

the authority of the TVA Act, as 

amended, 16 U.S.C. 831–831ee, Title V 

of the Independent Offices 

Appropriations Act of 1955, 31 U.S.C. 

9701, and OMB Circular No. A–25. 

Under Section 26a of the TVA Act, no 

obstructions affecting navigation, flood 

control, or public lands or reservations 

shall be constructed, operated, or 

maintained across, along, or in the 

Tennessee River System without TVA’s 

approval. Nonnavigable structures, such 

as floating cabins, are obstructions that 

require TVA’s approval. In addition, 

Section 9b of the TVA Act provides that 

TVA may require floating cabins to be 

maintained by the owner to reasonable 

health, safety, and environmental 

standards. Section 9b also authorizes 

TVA to levy fees on floating cabin 

owners as necessary and reasonable to 

ensure compliance. 

Background 

TVA is a multi-purpose federal 

agency that has been charged by 

Congress with promoting the wise use 

and conservation of the resources of the 

Tennessee Valley region, including the 

Tennessee River System. In carrying out 

this mission, TVA operates a system of 

dams and reservoirs on the Tennessee 

River and its tributaries for the purposes 

of navigation, flood control, and power 

production. Consistent with its mission, 

TVA also uses the system to improve 

water quality and water supply and to 

provide a wide range of public benefits, 

including recreation and natural 

resource stewardship. 

To promote the unified development 

and regulation of the Tennessee River 

System, Congress directed TVA to 

approve obstructions across, along, or in 

the river system under Section 26a of 

the TVA Act. ‘‘Obstruction’’ is a broad 

term that includes, by way of example, 

boat docks, piers, boathouses, buoys, 

floats, boat launching ramps, fills, water 

intakes, devices for discharging 

effluents, bridges, aerial cables, culverts, 

pipelines, fish attractors, shoreline 

stabilization projects, channel 

excavations, and floating cabins. TVA 

also owns, as agent for the United 

States, much of the shoreland and 

inundated land along and under its 

reservoir system. 

Since 1971, pursuant to Section 26a, 

TVA has prohibited the mooring on the 

Tennessee River System of new floating 

cabins (formerly nonnavigable 

houseboats) that are designed and used 

primarily for human habitation or 

occupation and not for transportation on 

the water. In particular, TVA amended 

its regulations in 1971 to prohibit the 

mooring or anchoring of new 

nonnavigable houseboats except those 

in existence before November 21, 1971. 

Criteria were established then to 

identify when a houseboat was 

considered ‘‘navigable’’ and the 

conditions under which existing 

nonnavigable houseboats would be 

allowed to remain. These criteria were 

characteristics that TVA determined 

were indicative of real watercraft; i.e., 

boats or vessels that are designed and 

used primarily to traverse water. In 

1978, TVA reiterated the prohibited 

mooring of nonnavigable houseboats on 

the Tennessee River System except for 

those in existence on or before February 

15, 1978. 

Despite over 40 years of Section 26a 

regulations related to floating cabins, 

the number of floating cabins on the 

Tennessee River System continued to 

increase. In determining what action to 

take with respect to floating cabins, 

TVA prepared an Environmental Impact 

Statement (EIS) in accordance with the 

National Environmental Policy Act. 

This EIS assessed the environmental 

and socioeconomic impacts of different 

policies to address the proliferation of 

floating cabins on the Tennessee River 

System. TVA released a draft of this EIS 

for public comment in June 2015 and 

held four public meetings and a webinar 

to provide information about its 

analyses and to facilitate public 

involvement. Public reaction to this 

situation varied widely. 

Many members of the general public 

urged TVA to require the removal of all 

floating cabins since TVA’s reservoirs 

are public resources and owners of 

floating cabins are occupying public 

areas. Owners of floating cabins 

generally supported additional 

reasonable regulation of their structures 

but argued against policies requiring 

their removal because of the 

investments they have made in the 

structures. Other commenters had 

concerns about discharges of blackwater 

(sewage) and graywater (showers, sinks, 

etc.) from floating cabins and shock and 

electrocution risks associated with the 

electrical connections to floating cabins. 

Commenting agencies consistently 

supported better regulation of floating 

cabins. The final EIS and associated 


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documents can be found at https://

www.tva.com/floatingcabins. 

After considering the comments it 

received during the EIS process and its 

analyses of impacts, TVA identified as 

its preferred policy one that establishes 

standards to ensure safer mooring, 

electrical connections, and protection of 

water quality. Under the preferred 

policy, the mooring of new floating 

cabins would be prohibited on the 

Tennessee River System. The preferred 

policy would have required all existing 

floating cabins, including nonnavigable 

houseboats, to be removed from the 

Tennessee River System by January 1, 

2036, and be subject to a regulatory 

program in the interim. On May 5, 2016, 

the TVA Board of Directors (Board) 

adopted the preferred policy, but the 

Board extended the removal date to May 

5, 2046. 

On December 16, 2016, Congress 

enacted the Water Infrastructure 

Improvements for the Nation Act of 

2016 (WIIN Act). Title IV Section 5003 

related to floating cabins and amended 

the TVA Act to include Section 9b. This 

new section of the TVA Act provides 

that TVA may approve and allow the 

use of floating cabins that were located 

on waters under the jurisdiction of TVA 

as of December 16, 2016, if the floating 

cabin is maintained to reasonable 

health, safety, and environmental 

standards as required by the Board and 

if the owner pays a compliance fee if 

assessed by TVA. The WIIN Act 

stipulates that TVA may not require the 

removal of a floating cabin that was 

located on the Tennessee River System 

as of December 16, 2016: (1) For a 

period of 15 years if it was granted a 

permit by TVA before the WIIN Act’s 

enactment, or (2) for a period of five 

years if it was not granted a permit by 

TVA before the WIIN Act’s enactment. 

It further stipulates that TVA may 

establish regulations to prevent the 

construction of new floating cabins. 

These regulations were planned in two 

phases. 

Phase I Floating Cabins Amendments 

TVA published Phase I rule 

amendments for floating cabins that 

became effective on October 1, 2018 (83 

FR 44467). These amendments clarified 

the types of structures that TVA will 

regulate as a floating cabin and 

prohibited new floating cabins from 

mooring on the Tennessee River System 

after December 16, 2016. TVA estimates 

that approximately 2,250 floating cabins 

were moored on the Tennessee River 

System on December 16, 2016. These 

initial rule amendments also 

incorporated a requirement for owners 

to register their floating cabins and 

identified locations where floating 

cabins may moor. 

Phase II Floating Cabin Amendments 

This final rule includes health, safety, 

environmental, and permitting 

standards that will apply to all floating 

cabins. A diverse stakeholder group 

composed of 18 members provided 

input to TVA on the development and 

drafting of these standards. The group 

represented varied interests and 

perspectives. Members included 

representatives from floating cabin 

owners, lake user interests, fishing 

interests, marina owners, local power 

distributors, state and federal regulatory 

agencies, the insurance industry, and 

the general public. The full group met 

five times from August 2017 to June 

2019 at various locations, including 

locations near Norris and Fontana 

Reservoirs where floating cabins are 

prevalent. Teleconferences were also 

held among three subgroups to develop 

and discuss recommendations in 

specific subject matter areas. An 

industry professional in marine 

electricity presented to the group and 

helped answer questions regarding 

electricity at marinas and in water. TVA 

tested and displayed ground fault 

protection devices for the group to 

observe and discuss. 

Each of the three subgroups made 

recommendations for a subset of 

standards. Recommendations were 

presented to the full stakeholder group 

for wastewater, electrical, flotation, 

mooring, fees, permitting standards, and 

compliance. TVA reviewed and 

evaluated the recommendations and 

responded to each recommendation. 

TVA refined the recommendations and 

developed them into proposed rule 

amendments for publication for public 

review and comment. A draft of the rule 

amendments was reviewed with the 

stakeholder group in June 2019, and 

TVA made some modifications after that 

discussion. TVA published the 

proposed rule amendments for a 90-day 

public comment period on December 

10, 2019 (84 FR 67386). 

Final Rule 

The final rule for floating cabins 

applies to all existing floating cabins, 

including those formerly referred to as 

nonnavigable houseboats originally 

permitted on or before February 15, 

1978. All floating cabins and attached 

structures must be registered and obtain 

a new permit from TVA. 

The final rule allows floating cabin 

owners additional time to register with 

TVA, until December 9, 2021. To obtain 

a Section 26a permit, owners of floating 

cabins will have until October 1, 2024, 

to comply with the standards in TVA’s 

regulations and submit a complete 

permit application that certifies 

compliance and includes the payment 

of a permit application fee. TVA will 

not require floating cabin owners to pay 

the initial permit application fee if they 

possess a permit in their name issued 

before December 16, 2016, and the 

structure is compliant with the terms of 

the permit, constructed in accordance 

with the permit (same dimensions, 

attached structures such as docks, and 

utility connections), and moored at the 

permitted location. A change in 

ownership application fee, currently 

$250, will be charged each time an 

existing floating cabin owner requests a 

transfer of the permit to a new owner. 

Permits will only be transferrable if the 

structure is in full compliance with the 

existing permit; requests not compliant 

with the previous permit will be subject 

to the standard permit application fee, 

and modifications not compliant with 

the rules will be denied. 

The permit application submission 

date of October 1, 2024, will give 

owners nearly four years from the 

publication of the final standards to 

bring structures into compliance. TVA 

encourages floating cabin owners to 

bring floating cabins into compliance 

and apply for a permit without delay. 

Upon submission of the application, 

owners of floating cabins may remain in 

place until TVA acts on the application. 

If TVA approves the application, TVA 

will issue a Section 26a permit to the 

owner. If TVA denies the application, 

the owner must either correct all 

deficiencies and submit a new 

application or remove the structure in 

accordance with Section 9b of the TVA 

Act and 18 CFR 1304.406. 

Removal 

Under the final rule, TVA will have 

the authority to require owners to 

remove their floating cabins if TVA 

determines a floating cabin is not in 

compliance with its permit, does not 

apply for a permit by October 1, 2024, 

or does not pay the compliance fee if 

levied by TVA. The requirement to 

remove a floating cabin will be in 

accordance with Section 9b of the TVA 

Act and 18 CFR 1304.406. All structures 

not removed by the applicable deadline 

may be removed by TVA at the owner’s 

expense. 

Flotation 

Unencased flotation (i.e., Styrofoam) 

breaks apart over time, can harm 

wildlife, and becomes litter in reservoirs 

or along shorelines. Currently, all docks, 

floating cabins, and other water-use 

structures and facilities permitted by 


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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 50627 

TVA are subject to 18 CFR 1304.400, 

which establishes flotation requirements 

to protect the environment from harmful 

flotation materials, such as Styrofoam 

and the contents of metal drums, which 

were common flotation devices in the 

past. TVA’s current regulations prohibit 

unencased flotation unless it was 

previously allowed by TVA, was 

installed prior to September 8, 2003, 

and is still serviceable in TVA’s 

judgment. TVA’s current rules prohibit 

the installation of unencased flotation to 

repair or replace existing flotation that 

is no longer serviceable. This final rule 

requires the removal and replacement of 

all unencased flotation no later than 

December 31, 2031. If TVA determines 

that the existing unencased flotation is 

no longer serviceable prior to December 

31, 2031, owners will have 24 months 

from notification from TVA to remove 

and replace it. These changes will apply 

to all Section 26a permits, including 

those authorizing floating cabins. 

Mooring 

Some floating cabins are moored by 

running cables across the water to attach 

to a tree or other anchor on the 

shoreline. This potentially obstructs 

navigation and recreation, poses a 

potential hazard to public safety, and 

can detract from the scenic integrity of 

the areas where floating cabins are 

located. Current regulations require 

floating cabins to 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; and (5) maintain, 

protect, and enhance the quality of the 

human environment. 

These regulations will continue to 

apply to floating cabins. Two additional 

requirements will be added: (1) Floating 

cabin owners must ensure visibility of 

all mooring cables and (2) floating cabin 

owners must comply with 18 CFR 

1304.205(c), which prohibits attachment 

to trees on TVA property. The method 

of mooring should be modified, if 

necessary, to eliminate navigation and 

safety hazards. If modification of the 

mooring method is not practical or 

feasible, TVA’s permit will require the 

hazard to be marked to aid in visibility 

and to help avoid property damage and 

personal injury. Permit applicants must 

indicate how the structure is moored, 

and TVA will determine if that method 

is allowable. Any determinations on 

proper mooring and hazard marking 

will be made during the permit review 

process. 

TVA’s current regulations specify 

locations where floating cabins must be 

located. These include areas where the 

floating cabin was moored as of 

December 16, 2016, and the owner has 

sufficient land ownership or land rights 

as specified in the regulations; locations 

where the owner had written 

permission from TVA prior to December 

16, 2016; or within the harbor limits of 

a commercial marina. To prevent sprawl 

and to better contain the impacts of 

floating cabins, the final rule prohibits 

relocation of permitted floating cabins 

to a different reservoir. TVA will 

consider applications to relocate 

existing floating cabins to any 

commercial marina on their respective 

reservoir that is willing to accept them. 

Any relocation, except within the 

harbor limits of the same marina, will 

require advance approval from TVA in 

the form of a new permit and 

concurrence from the receiving marina 

operator. 

Electrical 

Floating cabins can also pose a threat 

to public safety due to unsafe electrical 

systems. TVA is aware that floating 

cabins are currently obtaining electricity 

from the shore via underwater cables, 

through onboard portable generators, 

and by other methods. TVA is not aware 

of any local, state, or federal entity that 

currently monitors the construction of 

floating cabins and enforces building 

codes. However, after the WIIN Act, 

these agencies may consider floating 

cabins to be more like houses rather 

than vessels, and agencies may 

determine to regulate and inspect those 

within their jurisdiction. If an agency 

chooses to regulate, floating cabins will 

be required to 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 will have the 

authority 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 agency’s requirements. 

In addition to and at a minimum, 

TVA will require all floating cabin 

owners to install ground fault protection 

and to use properly listed underwater 

cables. At two-year intervals, TVA will 

require floating cabin owners to provide 

certification that the floating cabin 

meets these requirements. TVA’s 

electrical requirements are based on the 

2017 National Electric Code (NEC). 

Ground fault protection requirements 

for floating buildings can be found in 

Section 553; requirements for marinas 

can be found in Section 555. Ground 

fault is defined in Section 100. NEC 

requires underwater cables for floating 

buildings to be extra hard usage portable 

power cables listed for wet locations 

and sunlight resistance. NEC table 400.4 

provides a listing of flexible cable types 

and designations with these ratings. 

Wastewater 

Floating cabins use various methods 

to manage their wastewater (both 

blackwater and graywater). Some have 

holding tanks for blackwater and use 

pump-out facilities to dispose of it 

through land-based systems. TVA has 

received complaints of some floating 

cabins discharging blackwater and/or 

graywater directly to the reservoir. 

Graywater originates from sinks, 

showers, dishwashers, and washing 

machines and is often discharged by 

floating cabins directly to the reservoir. 

Blackwater and graywater discharges 

can contribute to water quality 

deterioration. Discharges are regulated 

by state environmental agencies and the 

EPA. 

The final rule requires floating cabin 

owners to comply with discharge 

requirements set by local, state, or 

federal agencies and incorporates 

requirements of Section 401 of the Clean 

Water Act (CWA). If TVA is notified by 

a federal, state, or local agency that an 

owner of a floating cabin is not 

compliant with applicable discharge 

requirements and has failed to correct 

that deficiency after notification, TVA 

will have the authority to revoke the 

floating cabin’s Section 26a permit and 

require the structure to be removed from 

the Tennessee River System. This 

should help induce more compliant 

behavior and complement federal, state, 

or local agency efforts. 

TVA will require a Section 26a permit 

for all floating cabins, and all TVA 

permits must comply with the CWA. 

Section 401 of the CWA prohibits 

federal agencies from issuing a permit to 

conduct an activity, including the 

construction or operation of facilities, 

which may result in any discharge into 

navigable waters of the United States 

unless the applicable state agency has 

certified that the structure or activity 

will comply with applicable water 

quality standards or the certification has 

been waived. Floating cabin owners 

must request certification from the 

relevant certifying agency when 


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applying for a Section 26a permit, and 

the certifying agency will determine 

whether to grant, grant with conditions, 

deny, or waive the certification. Some 

certifying agencies may determine to 

review and make one determination that 

applies to all floating cabins within its 

jurisdiction or may review each request 

for floating cabin permits individually. 

The respective certifying agencies will 

make this determination. 

TVA will not grant a Section 26a 

permit for a floating cabin or other 

obstruction unless a required water 

quality certification has been provided 

or waived by the respective certifying 

agency. The final rule allows a 

reasonable period of time, not to exceed 

one year, for the certifying agency to 

take action. If a certifying agency has 

not acted within a reasonable period of 

time and the certification requirement is 

waived, TVA may then proceed with 

processing the Section 26a application. 

This will apply to all Section 26a permit 

applications, including floating cabins. 

Maintenance, Alterations, and Rebuilds 

Floating cabins that fall into disrepair 

can threaten public safety, create a 

boating hazard, and create litter in 

reservoirs and along shorelines. 

Therefore, normal repair and 

maintenance of floating cabins is 

encouraged and may be undertaken 

without TVA’s permission. By way of 

example, maintenance activities include 

painting; changing the internal walls 

within the existing enclosed space; 

replacing shingles, siding, electrical 

wiring, or plumbing; or adding new 

encased flotation that complies with the 

regulations. Maintenance activities do 

not include any activity that would 

modify any external walls or the 

dimensions (length, width, and height) 

of the floating cabin, including its 

enclosed or open spaces. 

Any alteration to the dimensions or 

approved plans for a floating cabin will 

be deemed a structural modification 

and, if approvable, would require a new 

permit from TVA. Except for the 

following three exceptions, which must 

be approved in writing in advance by 

TVA, alterations will be prohibited. 

First, an alteration may be allowed if it 

is deemed necessary by TVA to comply 

with health, safety, and environmental 

standards. Second, TVA may allow 

changes in the 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 of the 

floating cabin. Third, TVA may approve 

enclosure of open space on the 

monolithic frame of an existing floating 

cabin if the enclosure will not result in 

expansion to the dimensions (length, 

width, and height) of the monolithic 

frame; in which case, at least 24 

contiguous square feet of open space 

with a minimum width of four feet must 

be retained on the monolithic frame for 

unrestricted boarding and a reduction in 

the footprint of attached structures may 

be required. 

Floating cabins may be rebuilt to the 

exact same dimensions (length, width, 

and height), including both enclosed 

and open spaces, as previously 

approved by TVA. Owners will be 

required to apply to TVA 60 days in 

advance of proposed rebuilding and 

must receive prior written approval 

from TVA before beginning 

construction. TVA may require a new 

permit for the proposed rebuilding. 

Construction of the rebuilt floating 

cabin must be completed within 18 

months of TVA’s written approval to 

proceed. 

Combined Floating Cabins 

To encourage reduction of the number 

and footprint of floating cabins on the 

Tennessee River System, TVA is 

proposing a program that, with a permit 

obtained in advance, may allow owners 

to permanently remove multiple 

existing floating cabins and replace 

them with a combined floating cabin 

that meets certain size requirements. 

Owners must provide evidence that all 

existing floating cabins to be removed 

existed on the Tennessee River System 

as of December 16, 2016, and must 

remove the existing floating cabins 

before construction on the combined 

floating cabin may begin. The permits 

for the removed floating cabins will be 

rendered invalid upon their removal. 

All combined floating cabins must 

locate within the harbor limits of a 

commercial marina and have the marina 

owner’s permission. The combined 

floating cabin must be located on the 

same reservoir as any of the existing 

floating cabins that are to be removed in 

exchange. The maximum size allowable 

for the new structure would be the 

lesser of 1,000 square feet or the 

combined size of the monolithic frames 

of the removed floating cabins. Any 

amount of the combined size exceeding 

1,000 square feet would be forfeited and 

could not be transferred to another party 

or another project. 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. The maximum 

roof height is 14 feet above the lowest 

floor level. Attached structures, such as 

decks, may not be incorporated into the 

monolithic frame of the combined 

floating cabin. 

Attached Structures 

With written approval from TVA, 

floating cabins may be accompanied by 

floating attached structures, such as 

decks, platforms, or Jet Ski ports. All 

attached structures must be permitted to 

the floating cabin owner, and the owner 

must provide evidence of approval from 

the marina operator. The square footage 

of attached structures may not be 

incorporated into the monolithic frame 

of the floating cabin. Attached 

structures may not exceed 14 feet in 

height from the lowest floor level, may 

not be enclosed, and must comply with 

18 CFR 1304.204(p), which prohibits 

covered second stories. 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. Floating 

cabins with attached structures as of 

this date may remain with written 

approval from TVA, but requests to 

rebuild or reconfigure the attached 

structures’ square footage must comply 

with the requirements above. Requests 

for certain structural modifications or a 

combined floating cabin will require the 

square footage of the attached structures 

to also be reduced to 400 square feet. 

Other Changes to Section 26a 

Regulations 

In addition to the changes affecting 

floating cabins and those for flotation 

and discharges applicable to all Section 

26a permits, the final rule provides 

other minor amendments to the Section 

26a regulations. These include changes 

to the TVA locations where applications 

should be addressed, clarification 

regarding the size of residential wateruse facilities in pre-existing 

developments, and other minor edits for 

clarity and consistency in the 

regulations. 

Comments on the Proposed Rule and 

TVA’s Responses 

TVA received 62 comments during 

the public review period, all via email. 

Comments were received from 59 

individuals (three individuals sent 

comments in two separate emails). One 

email from the Floating Home Alliance 

Board of Directors represented the views 

of many floating cabin owners. The 

following discussion describes a 

summary of the comments received, 

provides TVA’s response to the 

comments, and describes changes, if 

any, made by TVA to the rule based on 

the comments. TVA appreciates the 

perspectives, interests, and concerns 

expressed by all commenters. 


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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 50629 

1. Comments Related to Other Section 

26a Permitted Structures and the Need 

for Section 26a Regulations 

Comment: Some commenters stated 

that TVA’s regulations, standards, and 

inspections should apply consistently to 

all structures on TVA reservoirs, 

particularly residential docks. 

Commenters asserted that TVA is 

focusing on something that has never 

been a problem and docks are far more 

dangerous, particularly with regard to 

electrical. 

TVA Response: Section 26a of the 

TVA Act requires the advance written 

approval of TVA for all floating cabins, 

private residential docks, and other 

obstructions. Since 1971, TVA has 

recognized the necessity to prohibit 

construction of new nonnavigable 

houseboats (the early version of floating 

cabins) and established regulations 

exclusively for their authorization and 

management on TVA reservoirs. This 

was due to their unique nature as a 

habitable enclosed structure, their 

included amenities, and their impacts 

on navigation, public land, and water 

quality. The WIIN Act allows existing 

floating cabins to remain on the water 

only if the owner maintains the 

structure in accordance with reasonable 

health, safety, and environmental 

standards set by the Board. 

TVA has previously established 

corresponding standards for private 

residential water-use facilities. Subparts 

C and D of the TVA Section 26a 

regulations set forth the standards for 

private water-use facilities, such as boat 

docks, in substantial detail and restrict 

these facilities in ways that floating 

cabins are not restricted. For example, 

living space or sleeping areas are 

prohibited; enclosed space is limited to 

32 square feet for storage; and toilets, 

sinks, and electrical appliances are not 

allowed. Electrical lines and service to 

private docks must be installed in 

compliance with all state and local 

electrical codes (satisfactory evidence of 

compliance to be provided to TVA upon 

request); and electrical service must be 

installed with an electrical disconnect 

that is located above the 500-year 

floodplain or flood risk profile 

whichever is higher, and is accessible 

during flood events. 

Floating cabins raise unique safety 

and environmental concerns because 

many, for example, have electrical 

service supplied by submerged 

electrical lines, are equipped with 

household appliances, and generate 

wastewater. 

TVA studied the impact of floating 

cabins in its EIS using an extensive 

amount of existing information and 

additional data collection and analysis 

to support its finding of potential 

impacts to human health and the 

environment from floating cabins. These 

findings were based on existing 

information, literature on the known 

effects on resources, comments by 

agencies and the public about impacts 

that they experience, internal TVA 

resource specialists, and professional 

judgment. The potential adverse 

impacts from sewage discharges into 

public waterways and the risk and 

potential harm to the public safety from 

poorly maintained electrical wiring are 

well established and understood. TVA 

acknowledged that the severity of 

current impacts is not well-sourced in 

available information. However, TVA 

concluded in its EIS that the severity of 

impacts will increase if the proliferation 

of floating cabins is not controlled and 

operating standards are not established. 

It is appropriate that TVA acts to 

address such potential impacts before 

they become severe. 

2. Comments Related to Total Footprint 

Comment: Floating cabins are 

typically made up of multiple sections, 

the monolithic frame of the main cabin 

footprint and the floating attached 

structures, such as decks and walkways. 

Numerous commenters expressed a 

desire to combine the total footprint of 

all components and rebuild to one 

monolithic frame. The rationale of some 

commenters was that it is safer to have 

fewer structures, would make the 

waterway cleaner from the ‘‘mess of 

lashed together garbage,’’ and is better 

suited for modern lake activities. Others 

want to rebuild a floating cabin to a 

different configuration and change the 

size of enclosed space while not 

exceeding the total current footprint. 

Still others stated that expansions to 

either the monolithic frame or the 

attached structures should be allowed. 

TVA Response: One of TVA’s 

management goals of the floating cabin 

program is to prevent an increase in 

total square footage of the structures. 

Currently, the total footprint inventory 

of the monolithic frames of existing 

floating cabins is over 1.7 million square 

feet; there is an additional 1 million 

square feet of attached structure 

inventory. Allowing the size of the 

monolithic frames and/or enclosed 

space to increase will result in more 

living space and increased impacts to 

water quality, navigation, and 

privatization of public waters. For those 

reasons, floating cabin owners will not 

be allowed to incorporate the footprint 

of attached structures into the footprint 

of the monolithic frame. The final rule 

does provide an opportunity for floating 

cabin owners to increase enclosed space 

on the existing monolithic frame in 

exchange for a reduction in the footprint 

of the attached structures. This 

reduction aligns with the comments 

about multiple structures pieced 

together for each floating cabin and the 

potential risks they pose. TVA also 

made modifications to the draft rule to 

clarify that reconfigurations of attached 

structures could be considered so long 

as the total footprint did not exceed the 

specified limits. 

3. Comments Opposing a Reduction of 

Attached Structures Footprint to 250 

Square Feet 

Comment: TVA’s draft rule proposed 

that floating cabin owners would be 

required to reduce attached structures to 

250 square feet when requesting certain 

structural modifications or utilizing the 

combination program. Although many 

comments were received about the 

negative effects of multiple attached 

structures accompanying floating 

cabins, some commenters opposed this 

proposal. The commenters’ rationale 

was generally that additional enclosed 

space on the monolithic frame would 

not result in an expansion of water 

space used and, therefore, would not 

require a reduction of the attached 

structures. Others argued that 250 

square feet of open space was too little 

to utilize recreationally. Some felt the 

reduction was a penalty for making 

improvements and adding living space 

to the floating cabin. 

TVA Response: TVA agrees that 

floating cabins should be maintained in 

a good state of repair; however, 

enlarging enclosed space is not a 

necessary improvement for enjoyment 

of existing floating cabins. TVA will not 

require a reduction in the attached 

structures that existed as of December 

16, 2016, unless the owner requests to 

make certain modifications to their 

floating cabin; namely, increasing the 

enclosed space on the monolithic frame 

or utilizing the combination program. 

To counter the impacts of the larger 

living space and to address concerns of 

multiple, potentially difficult to manage 

attached structures, TVA considers this 

reduction a reasonable compromise. In 

response to the comments on the draft 

rule, TVA has increased the maximum 

footprint for attached structures to 400 

square feet. 

4. Comments Requesting the Ability To 

Add Additional Attached Structures 

Comment: Multiple commenters 

expressed a desire to add additional 

attached structures to existing floating 

cabins. Jet Ski ports were the most 

commonly mentioned type of attached 


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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 TVA’s 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: TVA’s 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 TVA’s 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 

TVA’s goals for the floating cabin 

program. This size is also consistent 

with TVA’s residential dock footprint 

standards. 

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 TVA’s restriction 

against securing mooring lines to trees 

on TVA property. 

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 

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 TVA’s 

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 

TVA’s sole discretion and its judgment 

will be guided by criteria defined in 

previous rule amendments. It is not 

TVA’s intent to regulate vessels. With 

regard to docks and other water-use 

facilities not associated with floating 

cabins, those structures are regulated 

under TVA’s Section 26a jurisdiction 

and approval is subject to the applicable 

regulations. In general, individuallyVerDate Sep<11>2014 21:14 Sep 09, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\10SER1.SGM 10SER1

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owned ‘‘mooring docks’’ or other wateruse facilities in marina harbor limits 

associated with a vessel will not be 

permitted and will not be considered a 

floating cabin. 

11. Comments Related to the WIIN Act 

Effective Date 

Comment: Some commenters 

requested that TVA use a later date than 

December 16, 2016, for the date on 

which floating cabins and attached 

structures are considered existing and 

allowed to remain on the reservoirs if 

they comply with TVA’s regulations. 

The main reason stated in support of 

this request is that many floating cabin 

owners were not aware of the new 

regulations before this date. 

TVA Response: TVA has formally 

engaged the public and floating cabin 

community related to its review of these 

structures since April 30, 2014, when it 

published the Notice of Intent to assess 

impacts of floating cabins and invited 

public comments on scoping. TVA’s 

Draft EIS was published in June 2015, 

which included proposed standards for 

regulation. Various opportunities for 

public engagement and education have 

been offered, including the Board’s 

public listening sessions. December 16, 

2016, is the date selected by Congress 

when it passed the WIIN Act. Pursuant 

to the WIIN Act, TVA published this 

‘‘cutoff date’’ in the prior Section 26a 

rule amendments. 

12. Comments Related to Fees 

Comment: Commenters had questions 

and requested clarification about the 

fees TVA will charge. One commenter 

stated that TVA is collecting an 

excessive amount of money for 

registration, transfer, alteration, 

combination, relocation, and yearly fees 

with no transparency or accountability. 

TVA Response: TVA has standard 

permit application fees that apply to all 

Section 26a requests, including floating 

cabins. Currently, the standard permit 

application fee for a minor activity, 

which includes most floating cabins, is 

$500. Modifications to an existing 

obstruction require a new permit, and 

the application fee is $500. The 

application fee for a change in 

ownership with no associated 

modifications is $250. Requests for 

major construction activities are 

assessed a $1,000 application fee and 

are full cost recovery. There is no fee for 

registration of a floating cabin. 

Section 26a permit application fees 

are governed by TVA’s Administrative 

Cost Recovery regulations (18 CFR part 

1310) and are assessed per application, 

regardless of the number of items 

requested in a single application (there 

is not an additional fee for each item 

requested). While TVA was granted the 

authority by the WIIN Act to levy a 

compliance fee for floating cabins, TVA 

will not establish that charge at this 

time. 

13. Comments in Support of the Final 

Rule 

Comment: Numerous commenters 

expressed general support for the final 

rule amendments. Many expressed 

appreciation for TVA’s collaborative 

approach at managing the Floating 

Cabin Program and drafting reasonable 

regulations. Others commented that 

TVA’s documentation, inventory, 

registration, and inspection of floating 

cabins is an appropriate way to ensure 

owners are held accountable for 

properly maintaining their structures. 

Others emphasized that TVA should 

regularly and fairly enforce the 

regulations. 

TVA Response: TVA acknowledges 

these comments and agrees with the 

need to have reasonable standards and 

rules, have consistent enforcement of 

regulations, and avoid overly 

burdensome requirements. TVA 

appreciates the input and feedback 

received from the stakeholder group. 

III. Administrative Requirements 

A. Unfunded Mandates Reform Act, 

National Environmental Policy Act, and 

Various Executive Orders Including E.O. 

12866, Regulatory Planning and Review; 

E.O. 12898, Federal Actions To Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations; E.O. 13045, Protection of 

Children From Environmental Health 

Risks; E.O. 13132, Federalism; E.O. 

13175, Consultation and Coordination 

With Indian Tribal Governments; E.O. 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, and Use; E.O. 12988, Civil 

Justice Reform Act; and E.O. 13771, 

Reducing Regulation and Controlling 

Regulatory Costs 

In determining what action to take 

with respect to floating cabins, TVA 

prepared an Environmental Impact 

Statement (EIS) in accordance with the 

National Environmental Policy Act. 

This EIS assessed the environmental 

and socioeconomic impacts of different 

policies to address the proliferation of 

floating cabins on the Tennessee River 

System. TVA released a draft of this EIS 

for public comment in June 2015 and 

held four public meetings and a webinar 

to provide information about its 

analyses and to facilitate public 

involvement. The final EIS and 

associated documents can be found at 

https://www.tva.com/floatingcabins. 

One of the alternatives evaluated by 

TVA in the EIS was to approve and 

issue permits for the mooring of existing 

floating cabins that meet new minimum 

standards and to prohibit new floating 

cabins. TVA previously published a 

final rule that clarified the types of 

structures that TVA will regulate as a 

floating cabin and prohibited new 

floating cabins from mooring on the 

Tennessee River System. This final rule 

establishes minimum health, safety, 

environmental, and permitting 

standards that existing floating cabins 

will be required to meet. TVA’s analysis 

of this alternative in the EIS determined 

that prohibiting new floating cabins and 

applying new standards would result in 

minor beneficial impacts to many 

resource areas (e.g., water quality, 

recreation, cultural resources), but that 

the alternative may result in significant 

economic effects to some floating cabin 

owners or marina operators, depending 

on the extent to which their floating 

cabin would need to be updated to meet 

the new standards. 

This final rule is a ‘‘significant 

regulatory action’’ under the criteria set 

forth in section 3(f) of Executive Order 

12866, ‘‘Regulatory Planning and 

Review.’’ 58 FR 51735 (October 4, 1993). 

Accordingly, this action was subject to 

review by the Office of Information and 

Regulatory Affairs (‘‘OIRA’’) in the 

Office of Management and Budget 

(‘‘OMB’’). TVA has determined it will 

not have an economically significant 

annual effect of $100 million or more or 

result in expenditures of $100 million in 

any one year by state, local, or tribal 

governments or by the private sector. 

TVA estimates there are approximately 

2,200 floating cabins on the Tennessee 

River System. TVA’s estimate on 

compliance costs include the following 

ranges for each Floating Cabin 

provision: (1) Wastewater: $4,000– 

$8,000; (2) flotation: $10,000–$15,000; 

(3) mooring: $3,000–$5,000; (4) 

electrical: $250–$5,000. Most of the 

costs described are one-time 

investments, and not every floating 

cabin will require modifications in each 

area as many are already in compliance 

with one or more of the new provisions. 

As a result, this final rule will not 

exceed $100 million in annual impact. 

This final rule contains no federal 

mandates for state, local, or tribal 

government or for the private sector. 

The rule will not have a substantial 

direct effect on the States or Indian 

tribes, on the relationship between the 

Federal Government and the States or 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and States or 


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Indian tribes. Nor will the rule have 

concerns for environmental health or 

safety risks that may disproportionately 

affect children, have significant effect 

on the supply, distribution, or use of 

energy, or disproportionally impact low 

income or minority populations. 

Unified development and regulation 

of the Tennessee River System through 

an approval process for obstructions 

across, along, or in the river system and 

management of United States-owned 

land entrusted to TVA are federal 

functions for which TVA is responsible 

under the TVA Act, as amended. In 

general, the final rule updates or 

clarifies TVA’s regulations relating to 

the standards that floating cabins will be 

required to meet in order to remain on 

the Tennessee River System. The final 

rule will establish a charge for 

individuals or entities that request 

certain services from TVA relating to 

use of its property, reservoirs, and 

permitting for a floating cabin. Absent a 

request for these services for a Section 

26a permit, no entity or individual 

would be forced to pay a charge. None 

of the charges would be applied 

retroactively. The final rule also amends 

TVA’s regulations to clarify a date 

certain by which all unencased flotation 

must be removed from TVA’s reservoirs. 

The proposal also amends TVA’s 

regulations to establish a time period 

after which TVA will deem a state’s 

water quality certification decision to be 

waived and proceed with processing of 

Section 26a permit applications. TVA 

will continue to appropriately review 

specific requests in accordance with 

applicable laws, regulations, and 

Executive Orders. 

B. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act, 

5 U.S.C. 605, TVA is required to prepare 

a regulatory flexibility analysis unless 

the head of the agency certifies that the 

proposal will not have a significant 

economic impact on a substantial 

number of small entities. TVA’s Chief 

Executive Officer has certified that this 

proposal will not have a significant 

economic impact on a substantial 

number of small entities. The statute 

defines ‘‘small entity’’ as a ‘‘small 

business,’’ ‘‘small organization’’ (further 

defined as a ‘‘not-for-profit enterprise’’), 

or a ‘‘small governmental jurisdiction.’’ 

Most floating cabins are owned by 

individuals and not businesses, not-forprofit enterprises, or small 

governmental jurisdictions, and 

therefore relatively few ‘‘small entities’’ 

will be affected by TVA’s proposal. 

Even if the final rule tangentially 

impacts marinas that accommodate 

floating cabins, this represents only 

29% of marinas on TVA reservoirs. 

Accordingly, this rule will not have a 

significant impact on a substantial 

number of small entities; no regulatory 

flexibility analysis is required; and 

TVA’s Chief Executive Officer has made 

the requisite certification. 

C. Paperwork Reduction Act Title of 

Information Collection 

Section 26a Permit Application. 

OMB Approval Number: 3316–0060. 

This rule contains information 

collection requirements for registration 

and permitting of floating cabins, which 

were approved by the Office of 

Management and Budget (OMB) on June 

18, 2019. 

List of Subjects in 18 CFR Part 1304 

Administrative practice and 

procedure, Natural resources, 

Navigation (water), Rivers, Water 

pollution control. 

For the reasons set out in the 

preamble, the Tennessee Valley 

Authority amends 18 CFR part 1304 of 

the Code of Federal Regulations as 

follows: 

PART 1304—APPROVAL OF 

CONSTRUCTION IN THE TENNESSEE 

RIVER SYSTEM AND REGULATION OF 

STRUCTURES AND OTHER 

ALTERATIONS 

■ 1. The authority citation for 18 CFR 

Part 1304 continues to read as follows: 

Authority: 16 U.S.C. 831–831ee. 

■ 2. Amend § 1304.2 by: 

■ a. Revising paragraphs (a) and (b); 

■ b. Revising the first sentence of 

paragraph (c)(1) introductory text; 

■ c. Revising paragraph (c)(1)(i); 

■ d. Revising paragraph (c)(1)(ii)(A); 

■ e. Revising the first sentence of 

paragraph (c)(2)(i) introductory text; 

■ f. Revising paragraph (c)(2)(ii)(A); and 

■ g. Revising paragraph (d). 

The additions and revisions read as 

follows: 

§ 1304.2 Application. 

(a) If the facility is to be built on TVA 

land, the applicant must, in addition to 

the other requirements of this part, own 

the fee interest in or have an adequate 

leasehold or easement interest of 

sufficient tenure to cover the normal 

useful life of the proposed facility in 

land immediately adjoining the TVA 

land. If the facility is to be built on 

private land, the applicant must own 

the fee interest in the land or have an 

adequate leasehold or easement interest 

in the property where the facility will be 

located. If the facility is an existing 

floating cabin, it must meet the 

requirements of subpart B. TVA 

recognizes, however, that in some cases 

private property has been subdivided in 

a way that left an intervening strip of 

land between the upland boundary of a 

TVA flowage easement and the waters 

of the reservoir, or did not convey to the 

adjoining landowner the land 

underlying the waters of the reservoir. 

In some of these situations, the owner 

of the intervening strip or underlying 

land cannot be identified or does not 

object to construction of water-use 

facilities by the adjacent landowner. In 

these situations, TVA may exercise its 

discretion to permit the facility, 

provided there is no objection from the 

fee owner of the intervening strip or 

underlying land. A TVA permit conveys 

no property interest. The applicant is 

responsible for locating the proposed 

facility on qualifying land and ensuring 

that there is no objection from any 

owner of such land. TVA may require 

the applicant to provide appropriate 

verification of ownership and lack of 

objection, but TVA is not responsible for 

resolving ownership questions. In case 

of a dispute, TVA may require private 

parties requesting TVA action to grant 

or revoke a TVA permit to obtain a court 

order declaring respective ownership 

and/or land rights. TVA may exercise its 

discretion to permit a facility on TVA 

land that is located up or downstream 

from the land which makes the 

applicant eligible for consideration to 

receive a permit. 

(b) Applications shall be addressed to 

Tennessee Valley Authority, at the 

appropriate Regional Watershed Office 

location as listed on the application and 

on TVA’s website. To contact an office, 

call 1–800–882–5263 or email plic@

tva.gov. Applications are available on 

TVA’s website. 

(c) * * * 

(1) * * * By way of example only, 

minor facilities may include: boat 

docks, piers, rafts, boathouses, fences, 

steps, gazebos, and floating cabins. 

* * * 

(i) Completed application form. One 

copy of the application shall be 

prepared and submitted. Application 

forms are available on TVA’s website. 

The application shall include a project 

description which indicates what is to 

be built, removed, or modified, and the 

sequence of the work. Applications for 

floating cabins shall include written 

evidence that the floating cabin was 

located or moored on the Tennessee 

River System as of December 16, 2016, 

and detailed descriptions of mooring 

method, how electrical service is 

provided, and how wastewater is 

managed. An application to relocate a 

floating cabin to a marina shall include 


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evidence of approval from the accepting 

marina operator. 

(ii) * * * 

(A) Be prepared electronically or on 

paper suitable for reproduction (no 

larger than 11 by 17 inches). 

* * * * * 

(2) * * * 

(i) * * * Application forms are 

available on TVA’s 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 applicant’s 

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 

applicant’s 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 (b)(2) and 

■ b. Adding paragraph (c). 

The addition and revision read as 

follows: 

§ 1304.10 Change in ownership of 

approved facilities or activities 

* * * * * 

(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. 

(a)(1) 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. TVA’s judgment will be 

guided by, but not limited to, the 

following factors: 

(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 owner(s); 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 owner’s 

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 TVA’s regulations, in accordance 

with section 9b of the TVA Act. 


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(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 

§ 1304.201(a)(1), (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. 

(h)(1) 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 

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 § 1304.101(i). 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 owner’s 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 

§ 1304.101(i). 

(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 cabin(s) shall be approved in 

writing by TVA before removal occurs, 

and the floating cabin(s) shall be 

removed at the owner’s expense before 

construction of the new combined 

floating cabin may begin. Approvals of 

the existing floating cabins to be 

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 

§ 1304.101(i). 

(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 § 1304.204(p). 

(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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§ 1304.101(i)(1) through (4). Attached 

structures associated with a request for 

a structural modification as described in 

§ 1304.101(h)(2)(iii) or a combined 

floating cabin as described in 

§ 1304.101(h)(4) 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 TVA’s 

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: 

§ 1304.103 Health, safety, and 

environmental standards. 

(a) Wastewater. Floating cabins shall 

comply with § 1304.2(d) 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 

agency in accordance with the agency’s 

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 § 1304.205(c). 

(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 agency’s 

requirements. Floating cabins shall 

comply with § 1304.209(c)(2). 

(e) Electrical certifications. Floating 

cabin owners shall provide, in a form 

acceptable to TVA, certification of 

compliance with the electrical standards 

of paragraphs (e)(1) 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 feeder(s) 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 

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 marina’s 

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 (A)(2) and (B)(4) 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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50636 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 (d)(2) 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 (a)(1) to read as follows: 

§ 1304.212 Waivers. 

(a) * * * 

(1) The property is within a 

preexisting development as defined in 

§ 1304.204(a); 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 § 1304.400(a) to read as 

follows. 

§ 1304.400 Flotation devices and material, 

all floating structures. 

(a)(1) 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 TVA’s judgement. 

If, in TVA’s judgement, the flotation is 

no longer serviceable, it shall be 

replaced with approved flotation within 

24 months upon notification from TVA. 

(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 TVA’s 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’’; 

■ 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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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 50637 

1Section 9641 of the ARP added sections 

3131(f)(5) and 3132(f)(5) to the Code, which extend 

paid sick and family leave credits to certain 

governmental employers (without regard to the 

number of employees). However, the credits are not 

allowed for the government of the United States, or 

any agency or instrumentality of the United States 

government, except for an organization described in 

section 501(c)(1) of the Code and exempt from tax 

under section 501(a) of the Code. 

cabin or adjoining property owner’s 

dock, pier, boathouse, or boatwells. 

* * * * * 

Monolithic frame means the 

supporting floor structure of a floating 

cabin that is constructed as one rigid 

component. It specifically excludes any 

attached structures, such as decks and 

platforms, regardless of when they were 

connected or how they are connected 

(e.g., pins, hinges, bolts, ropes). 

New floating cabin means a floating 

cabin that was not located or moored on 

the Tennessee River System as of 

December 16, 2016. 

* * * * * 

Rebuilding means replacement of all 

or a significant portion of an approved 

obstruction to the same configuration, 

total footprint, and dimensions (length, 

width, and height of the obstruction or 

enclosed or open space) as the approved 

plans, standards, and conditions of the 

section 26a permit. 

* * * * * 

Structural modification means any 

alteration to the dimensions (length, 

width, and height of the obstruction or 

enclosed or open space), footprint, or 

approved plans of a structure. 

* * * * * 

Allen A. Clare, 

Vice President, River and Resources 

Stewardship. 

[FR Doc. 2021–19098 Filed 9–9–21; 8:45 am] 

BILLING CODE 8120–08–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 31 

[TD 9953] 

RIN 1545–BQ09 

Recapture of Excess Employment Tax 

Credits Under the American Relief Plan 

Act of 2021 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Temporary regulations. 

SUMMARY: This document sets forth 

temporary regulations under sections 

3131, 3132, and 3134 of the Internal 

Revenue Code (Code), added by sections 

9641 and 9651 of the American Rescue 

Plan Act of 2021. These temporary 

regulations authorize the assessment of 

any erroneous refund of the tax credits 

paid under sections 3131, 3132 

(including any increases in those credits 

under section 3133), and 3134 of the 

Code. The text of these temporary 

regulations also serves as the text of the 

proposed regulations (REG–109077–21) 

set forth in the notice of proposed 

rulemaking on this subject in the 

Proposed Rules section of this issue of 

the Federal Register. 

DATES: 

Effective date: These temporary 

regulations are effective on September 

10, 2021. 

Applicability date: For date of 

applicability, see §§ 31.3131–1T, 

31.3132–1T, and 31.3134–1T of these 

temporary regulations. 

FOR FURTHER INFORMATION CONTACT: 

Concerning these temporary regulations, 

NaLee Park at 202–317–6798. 

SUPPLEMENTARY INFORMATION: 

Background 

The Families First Coronavirus 

Response Act (Families First Act), 

Public Law 116–127, 134 Stat. 178 

(March 18, 2020), the Coronavirus Aid, 

Relief, and Economic Security Act 

(CARES Act), Public Law 116–136, 134 

Stat. 281 (March 27, 2020), the COVIDrelated Tax Relief Act of 2020 (Tax 

Relief Act), enacted as Subtitle B of Title 

II of Division N of the Consolidated 

Appropriations Act, 2021, Public Law 

116–260, 134 Stat.1182 (December 27, 

2020), the Taxpayer Certainty and 

Disaster Relief Tax Act of 2020 (Relief 

Act), enacted as Division EE of the 

Consolidated Appropriations Act, 2021, 

and the American Rescue Plan Act of 

2021 (the ARP), Public Law 117–2, 135 

Stat. 4 (March 11, 2021), provide relief 

to taxpayers from economic hardships 

resulting from the Coronavirus Disease 

2019 (COVID–19). As described below, 

this relief includes employment tax 

credits for certain wages paid by 

employers. 

I. Paid Sick and Family Leave Credits 

The Emergency Paid Sick Leave Act 

(EPSLA) and the Emergency Family and 

Medical Leave Expansion Act 

(EFMLEA), enacted as Divisions E and 

C of the Families First Act, respectively, 

generally required employers with fewer 

than 500 employees to provide paid 

leave due to certain circumstances 

related to COVID–19. Sections 7001 and 

7003 of the Families First Act generally 

provided that non-governmental 

employers subject to the paid leave 

requirements under EPSLA and 

EFMLEA were entitled to fully 

refundable tax credits to cover the 

wages paid for leave taken for those 

periods of time during which employees 

are unable to work or telework for 

specified reasons related to COVID–19, 

plus allocable qualified health plan 

expenses. 

Although the requirement to provide 

employees with paid leave under 

EPSLA and EFMLEA expired December 

31, 2020, the tax credits for qualified 

leave wages paid for periods of leave 

taken beginning on April 1, 2020, and 

ending on December 31, 2020, were 

extended by the Tax Relief Act through 

March 31, 2021, for paid leave that 

would have satisfied the requirements 

of EPSLA and EFMLEA. 

The ARP added sections 3131 through 

3133 of the Code, which extend the 

refundable tax credits for paid leave to 

non-governmental employers with fewer 

than 500 employees, and certain 

governmental entities 1 without regard 

to the number of employees, that 

provide paid sick and family leave for 

specified reasons related to COVID–19 

with respect to periods of leave 

beginning on April 1, 2021, through 

September 30, 2021. The paid sick leave 

credit and the paid family leave credit 

(collectively, ‘‘paid sick and family 

leave credits’’) under sections 3131 

through 3133 are available to eligible 

employers that provide employees with 

paid leave that would have satisfied the 

requirements of EPSLA and EFMLEA, 

with certain modifications made 

pursuant to the ARP. 

Under section 3131, a credit is 

available to eligible employers who pay 

qualified sick leave wages to an 

employee for up to 80 hours leave 

provided during the period beginning 

April 1, 2021, and ending September 30, 

2021, if the employee is unable to work 

or telework because the employee: 

(1) Is subject to a Federal, State, or 

local quarantine or isolation order 

related to COVID–19; 

(2) has been advised by a health care 

provider to self-quarantine due to 

concerns related to COVID–19; 

(3) is experiencing symptoms of 

COVID–19 and seeking a medical 

diagnosis, is seeking or awaiting the 

results of a diagnostic test for, or a 

medical diagnosis of, COVID–19 and the 

employee has been exposed to COVID– 

19 or the employee’s employer has 

requested the test or diagnosis, or the 

employee is obtaining immunization 

related to COVID–19 or recovering from 

any injury, disability, illness, or 

condition related to the immunization; 

(4) is caring for an individual who is 

subject to a Federal, State, or local 

quarantine or isolation order related to 

COVID–19, or has been advised by a 


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