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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. FAA2011
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FR 27958, is withdrawn.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. 202104508 Filed 3821; 8:45 am BILLING CODE 491013P

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission 18 CFR Parts 4 and 5
Docket No. RM2021000

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 RM2021000, by one of the following methods:
Electronic Filing eFiling at the Commissions website: http
www.ferc.gov.
U.S. Postal Service Mail: Persons unable to file electronically may mail
khammond on DSKJM1Z7X2PROD with PROPOSALS

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 5026063, kelly.houff@
ferc.gov John Matkowski Technical Information Office of Energy Projects, Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, 202 5028576, 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 5028717, rachael.warden@ferc.gov SUPPLEMENTARY INFORMATION:
Table of Contents Paragraph Numbers I. Background and Discussion1.
A. Qualifying Conduits4.
B. Major Projects Greater Than 5 MW and up to and Including 10 MW9.
II. Regulatory Requirements16.
A. Information Collection Statement16.
B. Environmental Analysis29.
C. Regulatory Flexibility Act30.
D. Comment Procedures34.
E. Document Availability38.

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 4.30b26 of its regulations.2 Subsequently, section 30
of the FPA was amended by the Americas Water Infrastructure Act of 2018.3
5. In accordance with section 30a2A,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 Americas 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 11323, 127 Stat. 493 2013.
Revisions and Technical Corrections to Conform the Commissions 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 115270, 132 Stat. 3765 2018.
4 16 U.S.C. 823aa2A.
5 Id. 823aa3C. The qualifying conduit hydropower facility must also meet the requirements for a small conduit facility as defined in section 30a3A of the FPA. Id. 823aa3A.
6 The 2013 HREA required that qualifying conduit hydropower facilities not exceed 5 MW. This limit was revised to 40 MW at section 30022 in the Americas Water Infrastructure Act of 2018
codified at 16 U.S.C. 823aa3Cii.
7 Public Law 115270, 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 Commissions regulations.

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