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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
Issued: July 15, 2021.
Debbie-Anne A. Reese, Deputy Secretary.

In consideration of the foregoing, the Commission amends parts 4 and 5, chapter I, title 18, Code of Federal Regulations, as follows:

Subpart GApplication for License for Minor Water Power Projects and Major Water Power Projects 10 Megawatts or Less
PART 4LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION
OF PROJECT COSTS

1. The authority citation for part 4
continues to read as follows:

4.60

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 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 of this part 4.60 and 4.61.

4. In 4.50, revise paragraphs a1
and 3 to read as follows:
4.50

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application under subpart G of this part 4.60 and 4.61.

5. Revise the heading to subpart G to read as follows:

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 projectexisting 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
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6. In 4.60, revise paragraphs a2
and 3 and b to read as follows:
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 of the filed application to any Federal, state, or local agency that so requests.

7. In 4.61, revise paragraphs a3, b introductory text, d1 introductory text, and d2 introductory text 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
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.

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Any application must contain an Exhibit E conforming with the data and consultation requirements of 4.41f, 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 paragraph d2. 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

Contents of application.

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 project with an installed generating capacity of more than 10 MWExhibits A, B, C, D, E, F, and G under 4.41;
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; and

9. In 4.201, revise paragraphs b1
and 3 through 5 to read as follows:
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;

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, and Exhibit E under 4.41;
4 For amendment of a license for a water power project that, at the time the
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