[Federal Register: June 16, 2009 (Volume 74, Number 114)]
[Notices]
[Page 28520-28521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn09-55]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
Proposed Renewal of Information Collection: OMB Control Number
1094-0001, Alternatives Process in Hydropower Licensing
AGENCY: Office of the Secretary, Office of Environmental Policy and
Compliance, Interior.
ACTION: Notice and request for comments.
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SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of Environmental Policy and
Compliance, Office of the Secretary, Department of the Interior is
announcing its intention to request renewal approval for the collection
of information for Alternatives Process in Hydropower Licensing. This
collection request has been forwarded to the Office of Management and
Budget (OMB) for review and approval. The information collection
request describes the nature of the information collection and the
expected burden and cost.
DATES: OMB has up to 60 days to approve or disapprove the information
collection request, but may respond after 30 days; therefore, public
comments should be submitted to OMB by July 16, 2009, in order to be
assured of consideration.
ADDRESSES: Submit comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, Attention: Department of
Interior Desk Officer (1094-0001), by telefax at (202) 395-5806 or via
e-mail to OIRA_Docket@omb.eop.gov. Also, please send a copy of your
comments to Linda S. Thomas, Office of the Secretary Information
Collection Clearance Officer, U.S. Department of the Interior, MS 116-
SIB, 1849 C Street, NW., Washington, DC 20240, or send an e-mail to
Linda_Thomas@nbc.gov. Additionally, you may telefax them to her at
(202) 219-2374. Individuals providing comments should reference
Alternatives Process in Hydropower Licensing.
FOR FURTHER INFORMATION CONTACT: To receive a copy of the information
collection request, contact Linda S. Thomas at (202) 208-7294. You may
also contact Ms. Thomas electronically at Linda_Thomas@nbc.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Office of Management and Budget (OMB) regulations at 5 CFR part
1320, which implement the Paperwork Reduction Act of 1995, 44 U.S.C.
3501 et seq., require that interested members of the public and
affected agencies have an opportunity to comment on information
collection and recordkeeping activities (see 5 CFR 1320.8 (d)).
On November 14, 2005, the Departments of Agriculture, the Interior,
and Commerce published regulations at 7 CFR part 1, 43 CFR part 45, and
50 CFR part 221, to implement section 241 of the Energy Policy Act of
2005 (EPAct), Public Law 109-58, which the President signed into law on
August 8, 2005. Section 241 of the EPAct had added section 33 to the
Federal Power Act (FPA), 16 U.S.C. 823d, that allowed the license
applicant or any other party to the license proceeding to propose an
alternative to a condition or prescription that one or more of the
Departments develop for inclusion in a hydropower license issued by the
Federal Energy Regulatory Commission (FERC) under
[[Page 28521]]
the FPA. This provision required that the Departments of Agriculture,
the Interior and Commerce collect the information covered by 1094-0001.
Under FPA section 33, the Secretary of the Department involved must
accept the proposed alternative if the Secretary determines, based on
substantial evidence provided by a party to the license proceeding or
otherwise available to the Secretary, (a) that the alternative
condition provides for the adequate protection and utilization of the
reservation, or that the alternative prescription will be no less
protective than the fishway initially proposed by the Secretary, and
(b) that the alternative will either cost significantly less to
implement or result in improved operation of the project works for
electricity production.
In order to make this determination, the regulations require that
all of the following information be collected: (1) A description of the
alternative, in an equivalent level of detail to the Department's
preliminary condition or prescription; (2) an explanation of how the
alternative: (i) If a condition, will provide for the adequate
protection and utilization of the reservation; or (ii) if a
prescription, will be no less protective than the fishway prescribed by
the bureau; (3) an explanation of how the alternative, as compared to
the preliminary condition or prescription, will: (i) Cost significantly
less to implement; or (ii) result in improved operation of the project
works for electricity production; (4) an explanation of how the
alternative or revised alternative will affect: (i) Energy supply,
distribution, cost, and use; (ii) flood control; (iii) navigation; (iv)
water supply; (v) air quality; and (vi) other aspects of environmental
quality; and (5) specific citations to any scientific studies,
literature, and other documented information relied on to support the
proposal.
This notice of proposed renewal of an existing information
collection is being published by the Office of Environmental Policy and
Compliance, Department of the Interior, on behalf of all three
Departments, and the data provided below covers anticipated responses
(alternative conditions/prescriptions and associated information) for
all three Departments.
II. Data
(1) Title: 7 CFR Part 1; 43 CFR Part 45; 50 CFR Part 221; the
Alternatives Process in Hydropower Licensing.
OMB Control Number: 1094-0001.
Current Expiration Date: June 30, 2009.
Type of Review: Information Collection Renewal.
Affected Entities: Business or for-profit entities.
Estimated annual number of respondents: 5.
Frequency of responses: Once per alternative proposed.
(2) Annual reporting and recordkeeping burden:
Total annual reporting per response: 500 hours.
Total number of estimated responses: 5.
Total annual reporting: 2,500 hours.
(3) Description of the need and use of the information: The purpose
of this information collection is to provide an opportunity for license
parties to propose an alternative condition or prescription to that
imposed by the Federal Government in the hydropower licensing process.
As required under 5 CFR 1320.8(d), a Federal Register notice
soliciting comments on the collection of information was published on
April 10, 2009 (74 FR 16416). No comments were received. This notice
provides the public with an additional 30 days in which to comment on
the proposed information collection activity.
III. Request for Comments
The Departments invite comments on:
(a) Whether the collection of information is necessary for the
proper performance of the functions of the agencies, including whether
the information will have practical utility;
(b) The accuracy of the agencies' estimate of the burden of the
collection and the validity of the methodology and assumptions used;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(d) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other collection techniques or
other forms of information techniques.
``Burden'' means the total time, effort, and financial resources
expended by persons to generate, maintain, retain, disclose, or provide
information to or for a Federal agency. This includes the time needed
to review instructions; to develop, acquire, install, and utilize
technology and systems for the purpose of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; to train personnel and to be able
to respond to a collection of information, to search data sources, to
complete and review the collection of information; and to transmit or
otherwise disclose the information.
All written comments, with names and addresses, will be available
for public inspection. If you wish us to withhold your personal
information, you must prominently state at the beginning of your
comment what personal information you want us to withhold. We will
honor your request to the extent allowable by law. If you wish to view
any comments received, you may do so by scheduling an appointment with
the Office of Environmental Policy and Compliance by calling (202) 208-
3891. A valid picture identification is required for entry into the
Department of the Interior.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid Office of Management and Budget control number.
Mary Josie Blanchard,
Deputy Director, Office of Environmental Policy and Compliance.
[FR Doc. E9-14086 Filed 6-15-09; 8:45 am]
BILLING CODE 4310-79-P