View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1902-0115
ICR Reference No:
202107-1902-008
Status:
Historical Active
Previous ICR Reference No:
201905-1902-017
Agency/Subagency:
FERC
Agency Tracking No:
FERC-505
Title:
FERC-505, (Final Rule in RM20-21-000) Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
08/24/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/06/2021
Terms of Clearance:
Because the agency sought comments only on the changes associated with the regulation, the existing expiration date remains the same for this collection. In accordance with 5 CFR 1320, the information collection is approved.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2022
02/28/2022
05/31/2022
Responses
324
0
324
Time Burden (Hours)
24,555
0
24,635
Cost Burden (Dollars)
0
0
0
Abstract:
The final rule at Docket No. RM20-21-000 revises the information collection activity associated with Commission determinations whether a proposed project is a “qualifying conduit hydropower facility” that is eligible for exemption from the requirements of Part I of the Federal Power Act. To obtain a determination that a project is a qualifying conduit hydropower facility, an entity must file with the Commission a notice of intent (NOI) to construct the facility that demonstrates the facility meets the qualifying criteria. Previously, 18 CFR 4.401(f)(3) required that the NOI intent include a profile drawing if a dam would be constructed in association with the facility, to show that the conduit, and not the dam, creates the hydroelectric potential. The final rule removes that requirement. The estimated burden hours for the activity titled “Small hydropower projects and conduit facilities including license / relicense, exemption and qualifying conduit facility determination” is reduced by the removal of the requirement at 4.401(f)(3) to submit profile drawings as part of NOIs for qualifying conduit exemptions. We believe that this amendment reduces the burden hours for 8 of the 32 responses estimated for the relevant information collection activity by 10 hours for each of the 8 affected submissions ― a total reduction of 80 hours in the average burden hours for the activity. The final rule removes the requirement at section 4.401(f)(3) to provide a profile drawing for a qualified conduit facility NOI. As stated in the final rule, this amendment implements Commission precedent providing that it is not relevant whether a conduit’s ability to generate hydropower is due to the conduit’s gradient or the head from an upstream dam. The rationale for the removal of 18 CFR 4.401(f)(3) is that this holding indicates that a profile drawing is not necessary in order to determine if a proposed project is a qualifying conduit hydropower facility. The removal of 18 CFR 4.401(f)(3) reduces the hour burdens for FERC-505.
Authorizing Statute(s):
US Code:
16 USC 791
Name of Law: Federal Power Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1902-AF77
Final or interim final rulemaking
86 FR 42710
08/05/2021
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
FERC-505, Recreation Posting
FERC-505, Request for Authorization to Use Expedited Licensing Process
FERC-505, Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
324
324
0
0
0
0
Annual Time Burden (Hours)
24,555
24,635
0
-80
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
The estimated burden hours for the activity titled “Small hydropower projects and conduit facilities including license / relicense, exemption and qualifying conduit facility determination” are reduced by the removal of the requirement at 4.401(f)(3) to submit profile drawings as part of NOIs for qualifying conduit exemptions. This amendment reduces the burden hours for 8 of the 32 responses estimated for the relevant information collection activity by 10 hours for each of the 8 affected submissions ― a total reduction of 80 hours in the average burden hours for the activity.
Annual Cost to Federal Government:
$1,471,271
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Jean Sonneman 202 785-6577 jean_sonneman@blm.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
08/06/2021
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