13506 Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules 

1Public Law 113–23, 127 Stat. 493 (2013). 

2See 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). 

3Public 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). 

6The 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)). 

7Public Law 115–270, 132 Stat. 3765. 

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FR 27958), is withdrawn.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 

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: 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, 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 

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. 

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 


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8 18 CFR 4.401 (2020). 

9 Id. 4.401(f). 

10 151 FERC ¶ 61,228 (2015). 

11 Id. P 13. 

12 16 U.S.C. 2705. 

13Regulations 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). 

14The 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. 

15See Order No. 800, 148 FERC ¶ 61,197 (2014). 

16Applications 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). 

17Section 4.32(a)(5)(ii), which contains a crossreference to § 4.61, will also be revised. 

18 44 U.S.C. 3501–3521. 

19See 5 CFR 1320.11 (2020). 

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

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. 

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 

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 


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20FERC–500 includes the reporting and 

recordkeeping requirements for ‘‘Application for 

License/Relicense for Water Projects with More 

than 5 Megawatt (MW) Capacity.’’ 

21FERC–505 includes the reporting and 

recordkeeping requirements for ‘‘Small Hydropower 

Projects and Conduit Facilities including License/ 

Relicense, Exemption, and Qualifying Conduit 

Facility Determination.’’ 

22We consider the filing of an application or 

notice of intent to be a ‘‘response.’’ 

23Commission 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). 

24Regulations 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). 

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 

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 

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 ........................ 3 1 3 320 hours reduction $83.00 ... 960 hours/$79,680 reduction 

FERC–505 ........................ 8 1 8 10 hours reduction $83.00 ..... 80 hours/$6,640 reduction 

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). 

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 

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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26 5 U.S.C. 601–612. 

27 Id. 603(c). 

28 Id. 605(b). 

29 13 CFR 121.101 (2020). 

30 Id. 121.201. 

31The 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). 

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 

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 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: 

§ 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 

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 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 § 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: 

§ 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: 

§ 5.18 Application content. 

(a) * * * 

(5) * * * 

(i) License for a minor water power 

project and a major water power project 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules 13511 

10 MW or less: § 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 

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 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice of proposed guidance. 

SUMMARY: 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. 

FOR FURTHER INFORMATION CONTACT: 

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. 

SUPPLEMENTARY INFORMATION: 

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 

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. 

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. 

[FR Doc. 2021–04564 Filed 3–8–21; 8:45 am] 

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) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: 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) 


khammond on DSKJM1Z7X2PROD with PROPOSALS