Federal Register - August 5, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 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 5028663, or by fax:
202 2730873.
29. 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 notification in the Federal Register and should refer to FERC500 OMB Control No 1902
0058 and FERC505 OMB Control No.
19020115.
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B. Environmental Analysis 30. 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.25 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.26 This final rule revises the filing requirements for qualifying conduit projects and the filing requirements for license applications for major hydroelectric projects with an installed capacity of 10 MW or less.
Because this final 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.
25 Regulations 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.
26 18 CFR 380.4a2ii.
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C. Regulatory Flexibility Act 31. The Regulatory Flexibility Act of 1980 RFA 27 generally requires a description and analysis of final 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 rulemaking and minimize any significant economic impact on a substantial number of small entities.28
In lieu of preparing a regulatory flexibility analysis, an agency may certify that a final rule will not have a significant economic impact on a substantial number of small entities.29
32. The Small Business Administrations SBA Office of Size Standards develops the numerical definition of a small business.30 The SBA size standard for electric utilities is based on the number of employees, including affiliates.31 Under SBAs current size standards, a hydroelectric power generator NAICS code 221111 32
is small if, including its affiliates, it employs 500 or fewer people.33 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 this final rule will affect few entities.
33. As noted earlier, the final 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. The revisions will eliminate the filing requirement for profile drawings and reduce the filing requirements for major 27 5
U.S.C. 601612.
603c.
29 Id. 605b.
30 13 CFR 121.101.
31 Id. 121.201.
32 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/.
33 13 CFR 121.201 Sector 22Utilities.
28 Id.
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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.
34. Accordingly, pursuant to section 605b of the RFA, the Commission certifies that this final rule would not have a significant economic impact on a substantial number of small entities.
D. Document Availability 35. 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
www.ferc.gov. At this time, the Commission has suspended access to the Commissions Public Reference Room due to the March 13, 2020
proclamation declaring a National Emergency concerning the Novel Coronavirus Disease COVID19.
36. 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.
37. 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.
E. Effective Date and Congressional Notification 38. These regulations are effective October 4, 2021. The Commission has determined, with the concurrence of the Administrator of the Office of Information and Regulatory Affairs of OMB, that this rule is not a major rule as defined in section 351 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule is being submitted to the Senate, House, Government Accountability Office, and Small Business Administration.
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.
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