Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules 13505 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in Related Information. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Related Information 

(1) For more information about this AD, 

contact Jacob Fitch, Aviation Safety Engineer, 

Fort Worth ACO Branch, FAA, 10101 

Hillwood Pkwy., Fort Worth, TX 76177; 

phone: (817) 222–4130; fax: (817) 222–5245; 

email: jacob.fitch@faa.gov. 

(2) For service information identified in 

this AD, contact Mooney International 

Corporation, 165 Al Mooney Road, North 

Kerrville, TX 78028; phone: (800) 456–3033; 

email: support@mooney.com. You may view 

this referenced service information at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information on 

the availability of this material at the FAA, 

call (816) 329–4148. 

Issued on March 1, 2021. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–04591 Filed 3–8–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0449; Project 

Identifier AD–2020–01464–R] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The FAA is withdrawing a 

notice of proposed rulemaking (NPRM) 

that proposed to adopt a new 

airworthiness directive (AD) that would 

have applied to certain Bell Helicopter 

Textron Canada Model 206A, 206B, and 

206B3 helicopters. The NPRM was 

prompted by the need for corresponding 

operating limitations prohibiting flight, 

including hover, with the litter doorpost 

removed when certain litter kits are 

installed. The NPRM would have 

required revising the Operating 

Limitations, Section 1, of the existing 

Rotorcraft Flight Manual (RFM) for your 

helicopter to add an operating limitation 

when a litter kit is installed to prohibit 

flight with the doorpost removed to 

prevent loss of structural integrity of the 

fuselage. Since issuance of the NPRM, 

the FAA has determined that an unsafe 

condition no longer exists. Accordingly, 

the NPRM is withdrawn. 

DATES: The FAA is withdrawing the 

proposed rule published May 13, 2011 

(76 FR 27958), as of March 9, 2021. 

ADDRESSES: 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2011– 

0449; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD action, 

any comments received, and other 

information. The street address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Kristi Bradley, Aviation Safety Engineer, 

General Aviation & Rotorcraft Section, 

International Validation Branch, FAA, 

10101 Hillwood Pkwy., Fort Worth, TX 

76177; telephone (817) 222–5110; email 

kristin.bradley@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA has issued an NPRM that 

proposed to amend 14 CFR part 39 by 

adding an AD that would apply to the 

specified products. The NPRM was 

published in the Federal Register on 

May 13, 2011 (76 FR 27958). The NPRM 

was prompted by the need for 

corresponding operating limitations 

prohibiting flight, including hover, with 

the litter doorpost removed when 

certain litter kits are installed. 

The NPRM proposed to require 

revising the existing RFM for your 

helicopter by inserting into the 

Operating Limitations, Section 1, of the 

existing RFM for your helicopter the 

following statement: ‘‘Flight, including 

hover, with litter doorpost removed is 

prohibited.’’ This revision would have 

been made by pen and ink changes, 

inserting a copy of this AD into the 

existing RFM for your helicopter, or 

inserting a copy of the RFM Supplement 

(RFMS) dealing with Litter Kits into the 

existing RFM for your helicopter as 

follows: For Model 206A helicopters— 

inserting RFMS BHT–206A–FMS–8, 

dated December 30, 2009, into RFM 

BHT–206A–FM–1, dated July 2, 2009; 

for Model 206B helicopters—inserting 

RFMS BHT–206B–FMS–8, dated 

December 30, 2009, into RFM BHT– 

206B–FM–1, dated July 2, 2009; and for 

Model 206B3 helicopters—inserting 

RFMS BHT–206B3–FMS–2, dated 

December 30, 2009, into RFM BHT– 

206B3–FM–1, dated March 24, 2010. 

The proposed actions were intended to 

add an operating limitation when a litter 

kit is installed to prohibit flight with the 

doorpost removed to prevent loss of 

structural integrity of the fuselage. 

Actions Since the NPRM Was Issued 

Since issuance of the NPRM, 

reevaluation of current fleet safety data 

indicates that there is not an unsafe 

condition and AD action is no longer 

necessary. There are no recent records 

of safety issues related to the unsafe 

condition previously described. 

Therefore, the FAA has determined that 

AD action is not required. Withdrawal 

of the NPRM constitutes only such 

action and does not preclude the agency 

from issuing future rulemaking on this 

issue, nor does it commit the agency to 

any course of action in the future. 

The FAA’s Aircraft Certification 

Service has also changed its 

organizational structure. The new 

structure replaces product directorates 

with functional divisions. We have 

revised some of the office titles and 

nomenclature throughout this proposed 

AD to reflect the new organizational 

changes. Additional information about 

the new structure can be found in the 

Notice published on July 25, 2017 (82 

FR 34564). 

Lastly, the identification of 

‘‘Directorate Identifier 2010–SW–021– 

AD’’ has been changed to ‘‘Project 

Identifier AD 2020–01464–R.’’ 

Comments 

The FAA gave the public the 

opportunity to comment on the NPRM. 

The FAA received no comments on the 

NPRM or on the determination of the 

cost to the public. 

FAA’s Conclusions 

Upon further consideration, the FAA 

has determined that the NPRM is 

unnecessary. Accordingly, the NPRM is 

withdrawn. 

Regulatory Findings 

Since this action only withdraws an 

NPRM, it is neither a proposed nor a 

final rule. This action therefore is not 

covered under Executive Order 12866, 

the Regulatory Flexibility Act, or DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). 


khammond on DSKJM1Z7X2PROD with PROPOSALS
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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