18 Cfr 380.3

§ 380.2

18 CFR Ch. I (4–1–15 Edition)

comply with the regulations of the
Council on Environmental Quality except where those regulations are inconsistent with the statutory requirements of the Commission.

lpowell on DSK54DXVN1OFR with $$_JOB

[Order 486, 52 FR 47910, Dec. 17, 1987, as
amended by Order 756, 77 FR 4895, Feb. 1,
2012]

§ 380.2 Definitions and terminology.
For purposes of this part—
(a) Categorical exclusion means a category of actions described in § 380.4,
which do not individually or cumulatively have a significant effect on the
human environment and which the
Commission has found to have no such
effect and for which, therefore, neither
an environmental assessment nor an
environmental impact statement is required. The Commission may decide to
prepare environmental assessments for
the reasons stated in § 380.4(b).
(b) Commission means the Federal Energy Regulatory Commission.
(c) Council means the Council on Environmental Quality.
(d) Environmental assessment means a
concise public document for which the
Commission is responsible that serves
to:
(1) Briefly provide sufficient evidence
and analysis for determining whether
to prepare an environmental impact
statement or a finding of no significant
impact.
(2) Aid the Commission’s compliance
with NEPA when no environmental impact statement is necessary.
(3) Facilitate preparation of a statement when one is necessary. Environmental assessments must include brief
discussions of the need for the proposal, of alternatives as required by
section 102(2)(E) of NEPA, of the environmental impacts of the proposed action and alternatives, and a listing of
agencies and persons consulted.
(e) Environmental impact statement
(EIS) means a detailed written statement as required by section 102(2)(C) of
NEPA. DEIS means a draft EIS and
FEIS means a final EIS.
(f) Environmental report or ER means
that part of an application submitted
to the Commission by an applicant for
authorization of a proposed action
which includes information concerning
the environment, the applicant’s anal-

ysis of the environmental impact of the
action, or alternatives to the action required by this or other applicable statutes or regulations.
(g) Finding of no significant impact
(FONSI) means a document by the
Commission briefly presenting the reason why an action, not otherwise excluded by § 380.4, will not have a significant effect on the human environment
and for which an environmental impact
statement therefore will not be prepared. It must include the environmental assessment or a summary of it
and must note other environmental
documents related to it. If the assessment is included, the FONSI need not
repeat any of the discussion in the assessment but may incorporate it by
reference.
§ 380.3 Environmental information to
be supplied by an applicant.
(a) An applicant must submit information as follows:
(1) For any proposed action identified
in §§ 380.5 and 380.6, an environmental
report with the proposal as prescribed
in paragraph (c) of this section.
(2) For any proposal not identified in
paragraph (a)(1) of this section, any environmental information that the Commission may determine is necessary for
compliance with these regulations, the
regulations of the Council, NEPA and
other Federal laws such as the Endangered Species Act, the National Historic Preservation Act or the Coastal
Zone Management Act.
(b) An applicant must also:
(1) Provide all necessary or relevant
information to the Commission;
(2) Conduct any studies that the
Commission staff considers necessary
or relevant to determine the impact of
the proposal on the human environment and natural resources;
(3) Consult with appropriate Federal,
regional, State, and local agencies during the planning stages of the proposed
action to ensure that all potential environmental impacts are identified.
(The specific requirements for consultation on hydropower projects are
contained in § 4.38 and § 16.8 of this
chapter and in section 4(a) of the Electric Consumers Protection Act, Pub. L.
No. 99–495, 100 Stat. 1243, 1246 (1986));

1112

VerDate Sep<11>2014

16:47 May 07, 2015

Jkt 235061

PO 00000

Frm 01122

Fmt 8010

Sfmt 8010

Q:\18\18V1.TXT

31

Federal Energy Regulatory Commission
(4) Submit applications for all Federal and State approvals as early as
possible in the planning process; and
(5) Notify the Commission staff of all
other Federal actions required for completion of the proposed action so that
the staff may coordinate with other interested Federal agencies.
(c) Content of an applicant’s environmental report for specific proposals—1)
Hydropower projects. The information
required for specific project applications under part 4 or 16 of this chapter.
(2) Natural gas projects. (i) For any application filed under the Natural Gas
Act for any proposed action identified
in §§ 380.5 or 380.6, except for prior notice filings under § 157.208, as described
in § 380.5(b), the information identified
in § 380.12 and Appendix A of this part.
(ii) For prior notice filings under
§ 157.208, the report described by
§ 157.208(c)(11) of this chapter.
(3) Electric transmission project. For
pre-filing requests and applications
filed under section 216 of the Federal
Power Act identified in §§ 380.5(b)(14)
and 380.6(a)(5).
[Order 486, 52 FR 47910, Dec. 17, 1987, as
amended by Order 533, 56 FR 23155, May 20,
1991; Order 603, 64 FR 26611, May 14, 1999;
Order 689, 71 FR 69470, Dec. 1, 2006; Order 756,
77 FR 4895, Feb. 1, 2012]

lpowell on DSK54DXVN1OFR with $$_JOB

§ 380.4 Projects or actions categorically excluded.
(a) General rule. Except as stated in
paragraph (b) of this section, neither
an environmental assessment nor an
environmental impact statement will
be prepared for the following projects
or actions:
(1) Procedural, ministerial, or internal administrative and management
actions, programs, or decisions, including procurement, contracting, personnel actions, correction or clarification of filings or orders, and acceptance, rejection and dismissal of filings;
(2)(i) Reports or recommendations on
legislation not initiated by the Commission, and
(ii) Proposals for legislation and promulgation of rules that are clarifying,
corrective, or procedural, or that do
not substantially change the effect of
legislation or regulations being amended;

§ 380.4
(3) Compliance and review actions,
including investigations (jurisdictional
or otherwise), conferences, hearings,
notices of probable violation, show
cause orders, and adjustments under
section 502(c) of the Natural Gas Policy
Act of 1978 (NGPA);
(4) Review of grants or denials by the
Department of Energy (DOE) of any adjustment request, and review of contested remedial orders issued by DOE;
(5) Information gathering, analysis,
and dissemination;
(6) Conceptual or feasibility studies;
(7) Actions concerning the reservation and classification of United States
lands as water power sites and other
actions under section 24 of the Federal
Power Act;
(8) Transfers of water power project
licenses and transfers of exemptions
under Part I of the Federal Power Act
and Part 9 of this chapter;
(9) Issuance of preliminary permits
for water power projects under Part I
of the Federal Power Act and Part 4 of
this chapter;
(10) Withdrawals of applications for
certificates under the Natural Gas Act,
or for water power project preliminary
permits, exemptions, or licenses under
Part I of the Federal Power Act and
Part 4 of this chapter;
(11)
Actions
concerning
annual
charges or headwater benefits, charges
for water power projects under Parts 11
and 13 of this chapter and establishment of fees to be paid by an applicant
for a license or exemption required to
meet the terms and conditions of section 30(c) of the Federal Power Act;
(12) Approval for water power
projects under Part I of the Federal
Power Act, of ‘‘as built’’ or revised
drawings or exhibits that propose no
changes to project works or operations
or that reflect changes that have previously been approved or required by
the Commission;
(13) Surrender and amendment of preliminary permits, and surrender of
water power licenses and exemptions
where no project works exist or ground
disturbing activity has occurred and
amendments to water power licenses
and exemptions that do not require
ground disturbing activity or changes
to project works or operation;

1113

VerDate Sep<11>2014

16:47 May 07, 2015

Jkt 235061

PO 00000

Frm 01123

Fmt 8010

Sfmt 8010

Q:\18\18V1.TXT

31