[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Proposed Rules]
[Pages 13506-13511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03803]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 4 and 5

[Docket No. RM20-21-000]


Removing Profile Drawing Requirement for Qualifying Conduit 
Notices of Intent and Revising Filing Requirements for Major 
Hydroelectric Projects 10 MW or Less

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
proposing to revise its regulations governing the filing requirements 
for qualifying conduits and certain major hydroelectric power projects. 
Specifically, the Commission is proposing to remove the requirement 
that a notice of intent to construct a qualifying conduit include a 
profile drawing showing the source of the hydroelectric potential in 
instances where a dam would be constructed in association with the 
facility and extend the licensing requirements that currently apply to 
major projects up to 5 MW to major projects 10 MW or less, consistent 
with the amended definition of a small hydroelectric power project in 
the Hydropower Regulatory Efficiency Act of 2013.

DATES: Comments are due May 10, 2021

ADDRESSES: You may send comments, identified by RM20-21-000, by one of 
the following methods:

     Electronic Filing (eFiling) at the Commission's website: 
http://www.ferc.gov.
     U.S. Postal Service Mail: Persons unable to file 
electronically may mail similar pleadings to the Federal Energy 
Regulatory Commission, Office of the Secretary, 888 First Street NE, 
Washington, DC 20426.
     Delivery of filings other than by eFiling or the U.S. 
Postal Service should be delivered to the Federal Energy Regulatory 
Commission, Office of the Secretary, 12225 Wilkins Avenue, Rockville, 
Maryland 20852.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures section of this document.

FOR FURTHER INFORMATION CONTACT: 
Heather Campbell (Technical Information) Office of Energy Projects, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-6182, [email protected]
Kelly Houff (Technical Information) Office of Energy Projects, Federal 
Energy Regulatory Commission, 888 First Street NE, Washington, DC 
20426, (202) 502-6063, [email protected]
John Matkowski (Technical Information) Office of Energy Projects, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-8576, [email protected]
Rachael Warden (Legal Information) Office of the General Counsel, 
Federal Energy Regulatory Commission, 888 First Street NE, Washington, 
DC 20426, (202) 502-8717, [email protected]

SUPPLEMENTARY INFORMATION:

Table of Contents

Paragraph Numbers

I. Background and Discussion--1.
    A. Qualifying Conduits--4.
    B. Major Projects Greater Than 5 MW and up to and Including 10 
MW--9.
II. Regulatory Requirements--16.
    A. Information Collection Statement--16.
    B. Environmental Analysis--29.
    C. Regulatory Flexibility Act--30.
    D. Comment Procedures--34.
    E. Document Availability--38.

I. Background and Discussion

    1. By this Notice of Proposed Rulemaking, the Federal Energy 
Regulatory Commission (Commission or FERC) proposes to amend Parts 4 
and 5 of its regulations governing the filing requirements for 
qualifying conduits and certain major hydroelectric power projects.
    2. The Commission, under Part I of the Federal Power Act (FPA), 
licenses hydropower projects that are developed by non-Federal entities 
including individuals, private entities, states, municipalities, 
electric cooperatives, and others.
    3. The Hydropower Regulatory Efficiency Act of 2013 (2013 HREA) \1\ 
was signed into law on August 9, 2013. As explained below, changes 
implemented in response to the 2013 HREA form the basis for these 
proposed revisions to the Commission's regulations.
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    \1\ Public Law 113-23, 127 Stat. 493 (2013).
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A. Qualifying Conduits

    4. The 2013 HREA amended section 30 of the FPA to create a subset 
of small conduit facilities that are categorically excluded from the 
licensing and exemption requirements of the FPA. In September 2014, the 
Commission issued Order No. 800, which became effective February 23, 
2015, defining a ``qualifying conduit hydropower facility'' at section 
4.30(b)(26) of its regulations.\2\ Subsequently, section 30 of the FPA 
was amended by the America's Water Infrastructure Act of 2018.\3\
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    \2\ See Revisions and Technical Corrections to Conform the 
Commission's Regulations to the Hydropower Regulatory Efficiency Act 
of 2013, Order No. 800, 79 FR 59105 (Oct. 1, 2014), 148 FERC ] 
61,197 (2014).
    \3\ Public Law 115-270, 132 Stat. 3765 (2018).
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    5. In accordance with section 30(a)(2)(A),\4\ any person, State, or 
municipality proposing to construct a ``qualifying conduit hydropower 
facility'' must file a notice of intent demonstrating the facility 
meets the following ``qualifying criteria'': \5\
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    \4\ 16 U.S.C. 823a(a)(2)(A).
    \5\ Id. 823a(a)(3)(C). The qualifying conduit hydropower 
facility must also meet the requirements for a small conduit 
facility as defined in section 30(a)(3)(A) of the FPA. Id. 
823a(a)(3)(A).
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     Be located on and use only the hydroelectric potential of 
a non-federally-owned conduit;
     have a proposed installed capacity that does not exceed 40 
Megawatts (MW); \6\ and
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    \6\ The 2013 HREA required that qualifying conduit hydropower 
facilities not exceed 5 MW. This limit was revised to 40 MW at 
section 3002(2) in the America's Water Infrastructure Act of 2018 
(codified at 16 U.S.C. 823a(a)(3)(C)(ii)).
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     be proposed for construction and, as of the date of 
enactment of the 2013 HREA, not be licensed under, or exempted from, 
the licensing requirements of Part I of the FPA.
    6. Under the 2013 HREA, as amended by the America's Water 
Infrastructure Act of 2018,\7\ the Commission is required to determine 
whether proposed projects meet the criteria to be considered qualifying 
conduit hydropower facilities. Qualifying conduit hydropower facilities 
are not required to be licensed or exempted by

[[Page 13507]]

the Commission; however, the entity proposing to construct a facility 
that meets the criteria must file a Notice of Intent (NOI) to Construct 
a Qualifying Conduit Hydropower Facility with the Commission that 
demonstrates the facility meets the qualifying criteria discussed 
above.
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    \7\ Public Law 115-270, 132 Stat. 3765.
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    7. The NOI must contain: An introductory statement; a statement 
that the proposed project will use the hydroelectric potential of a 
non-federally owned conduit; a statement that the proposed facility has 
not been licensed or exempted on or before August 9, 2013; a 
description of the facility proposal; project drawings; the preliminary 
permit project number of the proposed facility, if applicable; and 
verification in a sworn notarized statement or an unsworn statement.\8\ 
Specifically with respect to the project drawings, the NOI must include 
a plan (or overhead view); a location map showing the facilities and 
their relationship to the nearest town; and if a dam would be 
constructed in association with the facility, a profile drawing showing 
that the conduit, and not the dam, creates the hydroelectric 
potential.\9\
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    \8\ 18 CFR 4.401 (2020).
    \9\ Id. 4.401(f).
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    8. On June 18, 2015, in Soldier Canyon Filter Plant,\10\ the 
Commission stated:
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    \10\ 151 FERC ] 61,228 (2015).

    In determining whether a proposed qualifying conduit hydropower 
facility meets the requirement of FPA section 30(a) that it use 
``only the hydroelectric potential of a non-federally owned 
conduit'' and (if it meets the other section 30(a) requirements) is 
thus excluded from the licensing requirements of the FPA, we see no 
reason to apply a different, more stringent standard than was 
established in 1980 for small conduit facility exemptions. We view 
small conduit facilities and qualifying conduits as simply 
generating hydroelectricity by using the water within a conduit 
operated for the distribution of water for agricultural, municipal, 
or industrial consumption and not primarily for the generation of 
electricity. Whether, or in what proportion, the conduit's ability 
to generate hydropower is due to the conduit's gradient or the head 
from an upstream dam is not relevant.\11\
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    \11\ Id. P 13.

    This holding indicates that the profile drawings are no longer 
relevant and should not be required as part of the NOI submittal. 
Consequently, the Commission proposes to amend its regulations to 
remove this requirement.

B. Major Projects Greater Than 5 MW and up to and Including 10 MW

    9. Section 405 of the Public Utility Regulatory Policies Act of 
1978 (PURPA) \12\ provided that certain hydropower projects that 
produce 5,000 kilowatts, or 5 MW, or less of power were exempted from 
the licensing requirements of Part 1 of the FPA.
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    \12\ 16 U.S.C. 2705.
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    10. In 1981, the Commission adopted the 5-MW demarcation for 
certain major hydroelectric projects required to be licensed under Part 
1 of the FPA to parallel PURPA's 5-MW demarcation regarding 
exemptions.\13\ Part 4 of the Commission's regulations includes three 
relevant licensing subparts: (1) Subpart E--Application for License for 
Major Unconstructed Project and Major Modified Project (see 18 CFR 
4.40); (2) Subpart F--Application for License for Major Project--
Existing Dam (see 18 CFR 4.50); and (3) Subpart G--Application for 
License for Minor Water Power Projects and Major Water Power Projects 5 
MW or Less (see 18 CFR 4.60; 4.61).\14\ Subparts E and F apply to 
projects greater than 5 MW, and include additional filing requirements 
beyond Subpart G, which applies to projects less than or equal to 5 MW.
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    \13\ Regulations Governing Applications for License for Major 
Unconstructed Projects and Major Modified Projects; Applications for 
License for Transmission Line Only and Applications for Amendment to 
License, Order No. 184, 46 FR 55926 (Nov. 13, 1981), FERC Stats. & 
Regs. ] 30,308 (1981) (cross-referenced at 17 FERC ] 61,122); 
Regulations Governing Applications for License for Minor Water Power 
Projects and Major Water Power Projects 5 Megawatts or Less, Order 
No. 185, 46 FR 55944 (Nov. 13, 1981), FERC Stats. & Regs. ] 30,309 
(1981) (cross-referenced at 17 FERC ] 61,121).
    \14\ The Commission has maintained a distinction between major 
and minor projects based on section 10(i) of the FPA. However, the 
license application procedures set forth in Sec.  4.61 of the 
Commission's regulations apply to both minor projects and major 
projects less than 5 MW (with the exception of Exhibit E for 
unconstructed projects). These proposed changes do not affect minor 
projects.
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    11. Likewise, Part 4 of Commission's regulations include two 
subparts that rely on the same 5-MW limit to determine minimum filing 
requirements for an application for license solely for transmission 
lines that transmit power from a licensed water power projects as well 
amendments to licensed water power projects:
    (1) Subpart H--Application for License for Transmission Line Only 
(see 18 CFR 4.71); and (2) Subpart L--Application for Amendment of 
License (see 18 CFR 4.201), respectively.
    12. Part 5 of the Commission's regulations rely on the 5-MW limit 
to determine minimum filing requirements for applications for license 
for water power projects filed and processed using the integrated 
licensing process (see 18 CFR 5.18).
    13. The 2013 HREA amended section 405 to increase the limit for 
exemptions to 10,000 kilowatts, or 10 MW, with the goal of facilitating 
the speed at which such hydropower projects could be built. Order 800 
amended the Commission's regulations to reflect the 10-MW limit.\15\
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    \15\ See Order No. 800, 148 FERC ] 61,197 (2014).
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    14. As a result of these changes, the Commission's limit for 
license application provisions no longer parallels the limit for 
exemptions. We continue to believe that a parallel demarcation is 
appropriate to ``expedite hydropower development by easing the burden 
of preparing an application for license and by assisting the Commission 
in more rapid processing of applications.'' \16\ Moreover, the 5-MW 
limit in the Commission's regulations could be burdensome to projects 
greater than 5 MW and up to and including 10 MW, in terms of the cost 
and time associated with the additional filing requirements of Subparts 
E and F.
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    \16\ Applications for License for Minor Water Power Projects and 
Major Water Power Projects 5 Megawatts or Less, 46 FR 9637 (Jan. 29, 
1981), FERC Stats. & Regs. ] 32,106 (1981) (cross-referenced at 14 
FERC ] 61,042).
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    15. Therefore, the Commission proposes to amend Parts 4 and 5 of 
its regulations to extend the licensing and amendment filing 
requirements that currently apply to major projects up to 5 MW to major 
projects 10 MW or less, consistent with the amended definition of a 
small hydroelectric power project in the 2013 HREA.\17\
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    \17\ Section 4.32(a)(5)(ii), which contains a cross-reference to 
Sec.  4.61, will also be revised.
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II. Regulatory Requirements

A. Information Collection Statement

    16. The Paperwork Reduction Act \18\ requires each federal agency 
to seek and obtain the Office of Management and Budget's (OMB) approval 
before undertaking a collection of information directed to ten or more 
persons or contained in a rule of general applicability. OMB 
regulations require approval of certain information collection 
requirements contemplated by proposed rules.\19\ Upon approval of a 
collection of information, OMB will assign an OMB control number and an 
expiration date. Respondents subject to the filing requirements of a 
rule will not be penalized for failing to respond to the collection of 
information unless the collection of information displays a valid OMB 
control number.
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    \18\ 44 U.S.C. 3501-3521.
    \19\ See 5 CFR 1320.11 (2020).
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    17. Public Reporting Burden: In this NOPR, the Commission proposes 
to revise its regulations governing the filing requirements for 
qualifying conduits and for major hydroelectric

[[Page 13508]]

power projects greater than 5 MW and up to and including 10 MW.
    18. This proposed rule would modify certain reporting and 
recordkeeping requirements included in FERC-500 (OMB Control No 1902-
0058) \20\ and FERC-505 (OMB Control No. 1902-0115).\21\
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    \20\ FERC-500 includes the reporting and recordkeeping 
requirements for ``Application for License/Relicense for Water 
Projects with More than 5 Megawatt (MW) Capacity.''
    \21\ FERC-505 includes the reporting and recordkeeping 
requirements for ``Small Hydropower Projects and Conduit Facilities 
including License/Relicense, Exemption, and Qualifying Conduit 
Facility Determination.''
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    19. The proposed revisions to the Commission's regulations, 
associated with the FERC-500 and FERC-505 information collections, are 
intended to align the Commission's filing requirements for qualifying 
conduits with Commission precedent and to align the Commission's filing 
requirements for major projects greater than 5 MW and up to and 
including 10 MW to be consistent with the amended definition of a small 
hydroelectric power project in the 2013 HREA. Both proposed revisions 
will represent a slight decrease in the reporting requirements and 
burden information for FERC-500 and FERC-505.
    20. The estimated burden and cost for the requirements contained in 
this NOPR follow.

                          Annual Changes Proposed by the NOPR in Docket No. RM20-21-000
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                                                  Number of                                        Total annual
                                  Number of    responses \22\   Total  number  Avg. burden hrs.  burden hours  &
                                 respondents         per        of  responses     & cost  per      total annual
                                                 respondent                      response \23\         cost
                                          (1)             (2)     (1) x (2) =  (4).............  (3) x (4) = 5
                                                                          (3)
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FERC-500.....................               3               1               3  320 hours         960 hours/
                                                                                reduction         $79,680
                                                                                $83.00.           reduction
FERC-505.....................               8               1               8  10 hours          80 hours/$6,640
                                                                                reduction         reduction
                                                                                $83.00.
                              ----------------------------------------------------------------------------------
    Total....................  ..............  ..............  ..............  ................  1,040 hours/
                                                                                                  $86,320
                                                                                                  reduction
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    21. Titles: FERC-500 (Application for License/Relicense for Water 
Projects with More than 5 Megawatt (MW) Capacity) and FERC-505 (Small 
Hydropower Projects and Conduit Facilities including License/Relicense, 
Exemption, and Qualifying Conduit Facility Determination).
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    \22\ We consider the filing of an application or notice of 
intent to be a ``response.''
    \23\ Commission staff estimates that the industry's skill set 
and cost (for wages and benefits) for FERC-500 and FERC-505 are 
approximately the same as the Commission's average cost. The FERC 
2020 average salary plus benefits for one FERC full-time equivalent 
(FTE) is $172,329/year (or $83.00/hour).
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    22. Action: Revisions to information collections FERC-500 and FERC-
505.
    23. OMB Control Nos.: 1902-0058 (FERC-500) and 1902-0115 (FERC-
505).
    24. Respondents: Municipalities, businesses, private citizens, and 
for-profit and not-for-profit institutions.
    25. Frequency of Information: Ongoing.
    26. Necessity of Information: The revised regulations would remove 
the Commission's requirement for notices of intent to construct a 
qualifying conduit to include a profile drawing, consistent with 
Commission precedent, and would align the Commission's filing 
requirements for major projects greater than 5 MW and up to and 
including 10 MW to be consistent with the amended definition of a small 
hydroelectric power project in the 2013 HREA. The revised regulations 
would affect only the number of entities that would file applications 
with the Commission for these two project types, and would reduce 
information collection requirements.
    27. Internal Review: The Commission has reviewed the proposed 
revisions and has determined that they are necessary. These 
requirements conform to the Commission's need for efficient information 
collection, communication, and management within the energy industry. 
The Commission has assured itself, by means of internal review, that 
there is specific, objective support for the burden estimates 
associated with the information collection requirements.
    28. Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission at 
one of the following methods:

 USPS at: Federal Energy Regulatory Commission, Ellen Brown, 
Office of the Executive Director, 888 First Street NE, Washington, DC 
20426
 Hard copy communication other than USPS: Federal Energy 
Regulatory Commission, Ellen Brown, Office of the Executive Director, 
12225 Wilkins Avenue, Rockville, Maryland 20852
 email to [email protected]
 phone (202) 502-8663, or by fax (202) 273-0873

    Please send comments concerning the collection of information and 
the associated burden estimates to: Office of Information and 
Regulatory Affairs, Office of Management and Budget [Attention: Federal 
Energy Regulatory Commission Desk Officer]. Due to security concerns, 
comments should be sent directly to www.reginfo.gov/public/do/PRAMain. 
Comments submitted to OMB should be sent within 30 days of publication 
of this notice in the Federal Register and should refer to FERC-500 
(OMB Control No 1902-0058) and FERC-505 (OMB Control No. 1902-0115).

B. Environmental Analysis

    29. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact statement for any action that may 
have a significant effect on the human environment.\24\ Excluded from 
this requirement are rules that are clarifying, corrective, or 
procedural, or that do not substantially change the effect of 
legislation or the regulations being amended.\25\ This proposed rule 
proposes to revise the filing requirements for qualifying conduit 
projects and revise the filing requirements for license applications 
for major hydroelectric projects with an installed capacity of 10 MW or 
less. Because this proposed rule is procedural and does not 
substantially change the effect of the regulations being amended, 
preparation of an Environmental Assessment or Environmental Impact 
Statement is not required.
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    \24\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. 
& Regs. ] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
    \25\ 18 CFR 380.4(a)(2)(ii) (2020).

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[[Page 13509]]

C. Regulatory Flexibility Act

    30. The Regulatory Flexibility Act of 1980 (RFA) \26\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
The RFA mandates consideration of regulatory alternatives that 
accomplish the stated objectives of a proposed rule and minimize any 
significant economic impact on a substantial number of small 
entities.\27\ In lieu of preparing a regulatory flexibility analysis, 
an agency may certify that a proposed rule will not have a significant 
economic impact on a substantial number of small entities.\28\
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    \26\ 5 U.S.C. 601-612.
    \27\ Id. 603(c).
    \28\ Id. 605(b).
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    31. The Small Business Administration's (SBA) Office of Size 
Standards develops the numerical definition of a small business.\29\ 
The SBA size standard for electric utilities is based on the number of 
employees, including affiliates.\30\ Under SBA's current size 
standards, a hydroelectric power generator (NAICS code 221111) \31\ is 
small if, including its affiliates, it employs 500 or fewer people.\32\ 
The Commission, however, currently does not require information 
regarding the number of individuals employed by hydroelectric 
generators to administer Part 1 of the Federal Power Act and therefore 
is unable to estimate the number of small entities under the SBA 
definition. Regardless, the Commission anticipates that the proposed 
rule will affect few entities.
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    \29\ 13 CFR 121.101 (2020).
    \30\ Id. 121.201.
    \31\ The North American Industry Classification System (NAICS) 
is an industry classification system that Federal statistical 
agencies use to categorize businesses for the purpose of collecting, 
analyzing, and publishing statistical data related to the U.S. 
economy. United States Census Bureau, North American Industry 
Classification System, https://www.census.gov/eos/www/naics/.
    \32\ 13 CFR 121.201 (Sector 22--Utilities).
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    32. As noted earlier, the proposed rule will only affect entities 
filing notices of intent to construct a qualifying conduit in instances 
where a dam would be constructed in association with the facility and 
entities filing licensing or amendment applications for major 
hydroelectric projects with an installed capacity of greater than 5 MW 
and up to and including 10 MW. From 2013 to 2020, the Commission 
received approximately 140 total notices to construct qualifying 
conduits and 18 applicable licensing applications. If enacted, the 
proposed revisions would eliminate the filing requirement for profile 
drawings and reduce the filing requirements for major hydroelectric 
projects with an installed capacity greater than 5 MW and up to and 
including 10 MW, thus reducing the burden on small hydro developers 
going forward.
    33. Accordingly, pursuant to section 605(b) of the RFA, the 
Commission certifies that this proposed rule would not have a 
significant economic impact on a substantial number of small entities.

D. Comment Procedures

    34. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due May 10, 2021. Comments must refer to 
Docket No. RM20-21-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address.
    35. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    36. Commenters that are not able to file comments electronically 
must send an original of their comments to the Commission via USPS or 
another preferred carrier. For submission sent via USPS, filings should 
mailed to: Federal Energy Regulatory Commission, Office of the 
Secretary, 888 First Street NE, Washington, DC 20426. Submission of 
filings other than by USPS should be mailed to: Federal Energy 
Regulatory Commission, Office of the Secretary, 12225 Wilkins Avenue, 
Rockville, Maryland 20852.
    37. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

E. Document Availability

    38. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this document via the 
internet through the Commission's Home Page (http://www.ferc.gov). At 
this time, the Commission has suspended access to the Commission's 
Public Reference Room due to the President's March 13, 2020 
proclamation declaring a National Emergency concerning the Novel 
Coronavirus Disease (COVID-19).
    39. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    40. User assistance is available for eLibrary and the Commission's 
website during normal business hours from the Commission's Online 
Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659. Email the Public Reference Room at 
[email protected].

List of Subjects in 18 CFR Parts 4 and 5

    Administrative practice and procedure, Electric power, Reporting 
and recordkeeping requirements.

    By direction of the Commission.

    Issued: February 18, 2021.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission proposes to 
revise parts 4 and 5, chapter I, title 18, Code of Federal Regulations, 
as follows:

PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT 
COSTS

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

0
2. In Sec.  4.32, revise paragraph (a)(5)(ii) to read as follows:


Sec.  4.32  Acceptance for filing or rejection; information to be made 
available to the public; requests for additional studies.

    (a) * * *
    (5) * * *
    (ii) License for a minor water power project and a major water 
power project 10 MW or less: Sec.  4.61;
* * * * *
0
3. In Sec.  4.40, revise paragraph (a) to read as follows:


Sec.  4.40  Applicability.

    (a) Applicability. The provisions of this subpart apply to any 
application for

[[Page 13510]]

an initial license for a major unconstructed project that would have a 
total installed capacity of more than 10 megawatts, and any application 
for an initial or new license for a major modified project with a total 
installed capacity more than 10 megawatts. An applicant for license for 
any major unconstructed or major modified water power project that 
would have a total installed generating capacity of 10 megawatts or 
less must submit application under subpart G (Sec. Sec.  4.60 and 
4.61).
* * * * *
0
4. In Sec.  4.50, revise paragraphs (a)(1) and (3) to read as follows:


Sec.  4.50  Applicability.

    (a) * * * (1) Except as provided in paragraph (a)(2) of this 
section, the provisions of this subpart apply to any application for 
either an initial license or new license for a major project--existing 
dam that is proposed to have a total installed capacity of more than 10 
megawatts.
* * * * *
    (3) An applicant for license for any major project--existing dam 
that would have a total installed capacity of 10 megawatts or less must 
submit application under subpart G (Sec. Sec.  4.60 and 4.61).
* * * * *
0
5. Revise the heading to Subpart G to read as follows:

Subpart G--Application for License for Minor Water Power Projects 
and Major Water Power Projects 10 Megawatts or Less

0
6. In Sec.  4.60, revise paragraphs (a)(2) and (3) and (b) to read as 
follows:


Sec.  4.60  Applicability and notice to agencies.

    (a) * * *
    (2) Any major project--existing dam, as defined in Sec.  
4.30(b)(16), that has a total installed capacity of 10 MW or less; or
    (3) Any major unconstructed project or major modified project, as 
defined in Sec.  4.30(b)(15) and (14) respectively, that has a total 
installed capacity of 10 MW or less.
    (b) Notice to agencies. The Commission will supply interested 
Federal, state, and local agencies with notice of any application for 
license for a water power project 10 MW or less and request comment on 
the application. Copies of the application will be available for 
inspection at the Commission's Public Reference Room. The applicant 
shall also furnish copies of the filed application to any Federal, 
state, or local agency that so requests.
* * * * *
0
7. In Sec.  4.61, revise paragraphs (a)(3), (b) introductory text, and 
(d)(1) and (2) to read as follows:


Sec.  4.61  Contents of application.

    (a) * * *
    (3) Each application for a license for a water power project 10 
megawatts or less must include the information requested in the initial 
statement and lettered exhibits described by paragraphs (b) through (f) 
of this section, and must be provided in the form specified. The 
Commission reserves the right to require additional information, or 
another filing procedure, if data provided indicate such action to be 
appropriate.
* * * * *
    (b) Initial statement.

Before the Federal Energy Regulatory Commission

Application for License for a [Minor Water Power Project, or Major 
Water Power Project, 10 Megawatts or Less, as Appropriate]

* * * * *
    (d) * * *
    (1) For major unconstructed and major modified projects 10 MW or 
less. Any application must contain an Exhibit E conforming with the 
data and consultation requirements of Sec.  4.41(f) of this chapter, if 
the application is for license for a water power project which has or 
is proposed to have a total installed generating capacity greater than 
1.5 MW but not greater than 10 MW, and which:
* * * * *
    (2) For minor projects and major projects at existing dams 10 MW or 
less. An application for license for either a minor water power project 
with a total proposed installed generating capacity of 1.5 MW or less 
or a major project-- existing dam with a proposed total installed 
capacity of 10 MW or less must contain an Exhibit E under this 
subparagraph. See Sec.  4.38 for consultation requirements. The 
Environmental Report must contain the following information:
* * * * *
0
8. In Sec.  4.71, revise paragraphs (b)(1) and (2) to read as follows:


Sec.  4.71   Contents of application.

* * * * *
    (b) * * *
    (1) For any transmission line that, at the time the application is 
filed, is not constructed and is proposed to be connected to a licensed 
water power project with an installed generating capacity of more than 
10 MW--Exhibits A, B, C, D, E, F, and G under Sec.  4.41 of this 
chapter;
    (2) For any transmission line that, at the time the application is 
filed, is not constructed and is proposed to be connected to a licensed 
water power project with an installed generating capacity of 10 MW or 
less--Exhibits E, F, and G under Sec.  4.61 of this chapter; and
* * * * *
0
9. In Sec.  4.201, revise paragraphs (b)(1) and (3) through (5) to read 
as follows:


Sec.  4.201  Contents of application.

* * * * *
    (b) * * *
    (1) For amendment of a license for a water power project that, at 
the time the application is filed, is not constructed and is proposed 
to have a total installed generating capacity of more than 10 MW--
Exhibits A, B, C, D, E, F, and G under Sec.  4.41 of this chapter;
* * * * *
    (3) For amendment of a license for a water power project that, at 
the time the application is filed, is not constructed and is proposed 
to have a total installed generating capacity of 10 MW or less, but 
more than 1.5 MW--Exhibits F and G under Sec.  4.61 of this chapter, 
and Exhibit E under Sec.  4.41 of this chapter;
    (4) For amendment of a license for a water power project that, at 
the time the application for amendment is filed, has been constructed, 
and is proposed to have a total installed generating capacity of 10 MW 
or less--Exhibit E, F, and G under Sec.  4.61 of this chapter;
    (5) For amendment of a license for a water power project that, at 
the time the application is filed, has been constructed and is proposed 
to have a total installed generating capacity of more than 10 MW--
Exhibits A, B, C, D, E, F, and G under Sec.  4.51 of this chapter.
* * * * *


Sec.  4.401  [Amended]

0
10. In Sec.  4.401, remove paragraph (f)(3).

PART 5--INTEGRATED LICENSE APPLICATION PROCESS

0
11. The authority citation for part 5 continues to read as follows:

    Authority:  16 U.S.C. 792-828c, 2601-2645; 42 U.S.C. 7101-7352.

0
12. In Sec.  5.18, revise paragraph (a)(5)(i) to read as follows:


Sec.  5.18  Application content.

    (a) * * *
    (5) * * *
    (i) License for a minor water power project and a major water power 
project

[[Page 13511]]

10 MW or less: Sec.  4.61 (General instructions, initial statement, and 
Exhibits A, F, and G);
* * * * *
[FR Doc. 2021-03803 Filed 3-8-21; 8:45 am]
BILLING CODE 6717-01-P