Proposed rule · 2026-03657

Categorical Exclusion Under the National Environmental Policy Act for Certain Terminations or Revocations of Water Power Licenses and Exemptions

The Federal Energy Regulatory Commission (Commission) proposes to amend section 380.4 of its regulations implementing the National Environmental Policy Act (NEPA) to expand an existing Categorical Exclusion (CE). A CE describes a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment, absent extraordinary circumstances, and so does not trigger NEPA's requirement to prepare an environmental document. The proposed revision would add a category of actions to an existing CE to include terminations or revocations of water power licenses and exemptions that will result in minor or no ground disturbing activity and minor or no changes in reservoir conditions and downstream flows.