; or (B) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources, water supply, and water quality that are directly caused by the construction and operation of the qualifying project upgrade, as compared to the environmental baseline existing at the time the Commission approves the application for the license amendment. (9) Rulemaking Not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for public comment, issue a rule to implement this subsection. (10) Definitions For purposes of this subsection: (A) Qualifying project upgrade The term qualifying project upgrade means a change to a project licensed under this part that meets the qualifying criteria, as determined by the Commission. (B) Qualifying criteria The term qualifying criteria means, with respect to a project licensed under this part, a change to the project that— (i) if carried out, would be unlikely to adversely affect any species listed as threatened or endangered under the Endangered Species Act of 1973 or result in the destruction or adverse modification of critical habitat, as determined in consultation with the Secretary of the Interior or Secretary of Commerce, as appropriate, in accordance with section 7 of the Endangered Species Act of 1973; (ii) is consistent with any applicable comprehensive plan under section 10(a)(2); (iii) includes only changes to project lands, waters, or operations that, in the judgment of the Commission, would result in only insignificant or minimal cumulative adverse environmental effects; (iv) would be unlikely to adversely affect water quality or water supply; and (v) proposes to implement— (I) capacity increases, efficiency improvements, or other enhancements to hydropower generation at the licensed project; (II) environmental protection, mitigation, or enhancement measures to benefit fish and wildlife resources or other natural and cultural resources