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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 Administrations 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 SBAs 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. 601612.
603c.
28 Id. 605b.
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 22Utilities.

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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 605b 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.
RM2021000, and must include the commenters 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 Commissions 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 Commissions 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 Commissions Home Page http

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www.ferc.gov. At this time, the Commission has suspended access to the Commissions Public Reference Room due to the Presidents March 13, 2020 proclamation declaring a National Emergency concerning the Novel Coronavirus Disease COVID19.
39. From the Commissions 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 Commissions website during normal business hours from the Commissions Online Support at 202
5026652 toll free at 18662083676
or email at ferconlinesupport@ferc.gov, or the Public Reference Room at 202
5028371, TTY 202 5028659. 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 4LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION
OF PROJECT COSTS
1. The authority citation for part 4
continues to read as follows:

Authority: 16 U.S.C. 791a825r; 42 U.S.C.
71017352.

2. In 4.32, revise paragraph a5ii 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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