Removing Profile Drawing Requirement for Qualifying Conduit Notices of Intent and Revising Filing Requirements for Major Hydroelectric Projects 10 MW or Less, 13506-13511 [2021-03803]
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Withdrawal
Accordingly, the notice of proposed
rulemaking, Docket No. FAA–2011–
0449, which was published in the
Federal Register on May 13, 2011 (76
FR 27958), is withdrawn.
■
Issued on February 26, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–04508 Filed 3–8–21; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
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: https://
www.ferc.gov.
• U.S. Postal Service Mail: Persons
unable to file electronically may mail
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SUMMARY:
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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, heather.e.campbell@ferc.gov
Kelly Houff (Technical Information)
Office of Energy Projects, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, (202) 502–6063, kelly.houff@
ferc.gov
John Matkowski (Technical Information)
Office of Energy Projects, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, (202) 502–8576,
john.matkowski@ferc.gov
Rachael Warden (Legal Information)
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, (202) 502–8717,
rachael.warden@ferc.gov
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
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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
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
• Be located on and use only the
hydroelectric potential of a nonfederally-owned conduit;
• have a proposed installed capacity
that does not exceed 40 Megawatts
(MW); 6 and
• 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
1 Public
Law 113–23, 127 Stat. 493 (2013).
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).
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).
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)).
7 Public Law 115–270, 132 Stat. 3765.
2 See
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,
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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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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
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.
7. The NOI must contain: An
introductory statement; a statement that
the proposed project will use the
hydroelectric potential of a nonfederally 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
8. On June 18, 2015, in Soldier
Canyon Filter Plant,10 the Commission
stated:
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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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
8 18
CFR 4.401 (2020).
4.401(f).
10 151 FERC ¶ 61,228 (2015).
11 Id. P 13.
9 Id.
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(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.
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.
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
12 16
U.S.C. 2705.
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 § 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.
13 Regulations
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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
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.
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
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.
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
15 See
Order No. 800, 148 FERC ¶ 61,197 (2014).
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).
17 Section 4.32(a)(5)(ii), which contains a crossreference to § 4.61, will also be revised.
18 44 U.S.C. 3501–3521.
19 See 5 CFR 1320.11 (2020).
16 Applications
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
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
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
19. The proposed revisions to the
Commission’s regulations, associated
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.
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ANNUAL CHANGES PROPOSED BY THE NOPR IN DOCKET NO. RM20–21–000
Number of
respondents
Number of
responses 22
per
respondent
Total
number of
responses
Avg. burden hrs. & cost
per response 23
Total annual burden hours
& total annual cost
(1)
(2)
(1) × (2) = (3)
(4)
(3) × (4) = 5
FERC–500 ........................
FERC–505 ........................
3
8
1
1
3
8
320 hours reduction $83.00 ...
10 hours reduction $83.00 .....
960 hours/$79,680 reduction
80 hours/$6,640 reduction
Total ..........................
........................
........................
........................
.................................................
1,040 hours/$86,320 reduction
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).
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).
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 forprofit 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 DataClearance@ferc.gov
• 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
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.
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.’’
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).
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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B. Environmental Analysis
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
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
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.
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
26 5
U.S.C. 601–612.
603(c).
28 Id. 605(b).
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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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 https://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 (https://
PO 00000
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13509
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 ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
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
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.
2. In § 4.32, revise paragraph (a)(5)(ii)
to read as follows:
■
§ 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: § 4.61;
*
*
*
*
*
■ 3. In § 4.40, revise paragraph (a) to
read as follows:
§ 4.40
Applicability.
(a) Applicability. The provisions of
this subpart apply to any application for
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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 (§§ 4.60
and 4.61).
*
*
*
*
*
■ 4. In § 4.50, revise paragraphs (a)(1)
and (3) to read as follows:
§ 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 (§§ 4.60
and 4.61).
*
*
*
*
*
■ 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
6. In § 4.60, revise paragraphs (a)(2)
and (3) and (b) to read as follows:
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 4.60
Applicability and notice to agencies.
(a) * * *
(2) Any major project—existing dam,
as defined in § 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
§ 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
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of the filed application to any Federal,
state, or local agency that so requests.
*
*
*
*
*
■ 7. In § 4.61, revise paragraphs (a)(3),
(b) introductory text, and (d)(1) and (2)
to read as follows:
§ 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 § 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 § 4.38 for
consultation requirements. The
Environmental Report must contain the
following information:
*
*
*
*
*
■ 8. In § 4.71, revise paragraphs (b)(1)
and (2) to read as follows:
§ 4.71
*
*
*
*
(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
PO 00000
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Fmt 4702
Sfmt 4702
§ 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 § 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 § 4.61 of this chapter, and
Exhibit E under § 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 § 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 § 4.51 of this chapter.
*
*
*
*
*
§ 4.401
■
[Amended]
10. In § 4.401, remove paragraph (f)(3).
PART 5—INTEGRATED LICENSE
APPLICATION PROCESS
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.
12. In § 5.18, revise paragraph (a)(5)(i)
to read as follows:
■
Contents of application.
*
project with an installed generating
capacity of more than 10 MW—Exhibits
A, B, C, D, E, F, and G under § 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 § 4.61 of this chapter;
and
*
*
*
*
*
■ 9. In § 4.201, revise paragraphs (b)(1)
and (3) through (5) to read as follows:
§ 5.18
Application content.
(a) * * *
(5) * * *
(i) License for a minor water power
project and a major water power project
E:\FR\FM\09MRP1.SGM
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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
10 MW or less: § 4.61 (General
instructions, initial statement, and
Exhibits A, F, and G);
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2021–03803 Filed 3–8–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF EDUCATION
34 CFR Part 361
[Docket ID ED–2021–OSERS–04]
Proposed Guidance; Frequently Asked
Questions: Criterion for an Integrated
Employment Location in the Definition
of ‘‘Competitive Integrated
Employment’’ and Participant Choice
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice of proposed guidance.
AGENCY:
The U.S. Department of
Education seeks public comment on
proposed guidance that clarifies the
Department’s policy on the criterion for
an integrated employment location in
the definition of ‘‘competitive integrated
employment,’’ for purposes of the State
Vocational Rehabilitation (VR) Services
program. The proposed guidance
clarifies, updates, and supersedes the
Department’s guidance titled Frequently
Asked Questions: Integrated Location
Criteria of the Definition of
‘‘Competitive Integrated Employment’’
issued on January 17, 2017.
DATES: We must receive your comments
on or before April 8, 2021.
ADDRESSES: Submit your comments
through the Federal eRulemaking portal.
We will not accept comments submitted
by fax or by email or those submitted
after the comment period. To ensure
that we do not receive duplicate copies,
please submit your comments only
once. In addition, please include the
docket ID at the top of your comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Help.’’
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
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13511
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Carol Dobak, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5153, Potomac Center Plaza,
Washington, DC 20202–5076.
Telephone: (202) 245–7325. Email:
carol.dobak@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
David Cantrell,
Deputy Director, Office of Special Education
Programs. Delegated the authority to perform
the functions and duties of the Assistant
Secretary for Special Education and
Rehabilitative Services.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2021–04564 Filed 3–8–21; 8:45 am]
Invitation to Comment: We invite you
to submit comments on the proposed
guidance. See ADDRESSES for
instructions on how to submit
comments.
Assistance to Individuals with
Disabilities in Reviewing the Record: On
request, we will provide an appropriate
accommodation or auxiliary aid to an
individual with a disability who needs
assistance to review the comments or
other documents in the public record for
this notice. If you want to schedule an
appointment for this type of aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Background: The Department
describes the background for the
proposed guidance, and our reasons for
proposing the guidance, in the proposed
guidance document. The proposed
guidance is available at https://
rsa.ed.gov/sub-regulatory-guidance/rsafrequently-asked-questions-criterionintegrated-employment-location. The
proposed guidance is not a ‘‘significant
guidance document’’ under Executive
Order 13891.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or portable document format (PDF).
To use PDF you must have Adobe
Acrobat Reader, which is available free
at the site.
You may also access documents of the
Department published in the Federal
PO 00000
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Fmt 4702
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BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0416; FRL–10021–
12–Region 3]
Air Plan Approval; Pennsylvania;
Regulatory Updates to Nonattainment
New Source Review (NNSR) Permitting
Requirements for 2012 PM2.5 National
Ambient Air Quality Standard (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania, on March 10, 2020. This
revision pertains to the Pennsylvania
Department of Environmental Protection
Agency’s (PADEP) amendments to 25
Pa. Code Chapters 121 (General
Provisions) and 127 (Construction,
Modification, Reactivation and
Operation of Sources) to implement
Federal nonattainment new source
review (NNSR) provisions for the 2012
annual fine particulate matter (PM2.5)
national ambient air quality standard
(NAAQS). This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before April 8, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2020–0416 at https://
www.regulations.gov, or via email to
opila.marycate@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
SUMMARY:
E:\FR\FM\09MRP1.SGM
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
https://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.
---------------------------------------------------------------------------
\1\ Public Law 113-23, 127 Stat. 493 (2013).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\7\ Public Law 115-270, 132 Stat. 3765.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\8\ 18 CFR 4.401 (2020).
\9\ Id. 4.401(f).
---------------------------------------------------------------------------
8. On June 18, 2015, in Soldier Canyon Filter Plant,\10\ the
Commission stated:
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\12\ 16 U.S.C. 2705.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\15\ See Order No. 800, 148 FERC ] 61,197 (2014).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\17\ Section 4.32(a)(5)(ii), which contains a cross-reference to
Sec. 4.61, will also be revised.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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 https://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 (https://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
