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Federal Register / Vol. 86, No. 44 / Tuesday, March 9, 2021 / Proposed Rules
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 a1
and 3 to read as follows:
4.50

Applicability.

a 1 Except as provided in paragraph a2 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 projectexisting 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 GApplication for License for Minor Water Power Projects and Major Water Power Projects 10 Megawatts or Less 6. In 4.60, revise paragraphs a2
and 3 and b to read as follows:

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4.60

Applicability and notice to agencies.

a
2 Any major projectexisting dam, as defined in 4.30b16, that has a total installed capacity of 10 MW or less; or 3 Any major unconstructed project or major modified project, as defined in 4.30b15 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 Commissions 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 a3, b introductory text, and d1 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 4.41f 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 b1
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
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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
MWExhibits 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 MWExhibits 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 lessExhibit 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 MWExhibits A, B, C, D, E, F, and G under 4.51 of this chapter.

4.401

Amended
10. In 4.401, remove paragraph f3.

PART 5INTEGRATED LICENSE
APPLICATION PROCESS
11. The authority citation for part 5
continues to read as follows:

Authority: 16 U.S.C. 792828c, 2601
2645; 42 U.S.C. 71017352.

12. In 5.18, revise paragraph a5i to read as follows:

Contents of application.

project with an installed generating capacity of more than 10 MWExhibits 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 lessExhibits E, F, and G under 4.61 of this chapter;
and

9. In 4.201, revise paragraphs b1
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:FRFM09MRP1.SGM

09MRP1