[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Pages 49914-49915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20140]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket Nos. IC10-511-000 and IC10-515-000]
Commission Information Collection Activities (FERC-511 and FERC-
515); Comment Request; Extensions
August 9, 2010.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed information collections and request for
comments.
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SUMMARY: In compliance with the requirements of section 3506(c)(2)(A)
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A) (2006),
(Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the proposed information
collections described below.
DATES: Comments in consideration of the collections of information are
due October 15, 2010.
ADDRESSES: Comments may be filed either electronically (eFiled) or in
paper format, and should refer to Docket Nos. IC10-511-000 and IC10-
515-000. (For comments that only pertain to one of the collections,
specify the appropriate collection and the related docket number.)
Documents must be prepared in an acceptable filing format and in
compliance with Commission submission guidelines at http://www.ferc.gov/help/submission-guide.asp. eFiling instructions are
available at: http://www.ferc.gov/docs-filing/efiling.asp. First time
users must follow eRegister instructions at: http://www.ferc.gov/docs-filing/eregistration.asp, to establish a user name and password before
eFiling. The Commission will send an automatic acknowledgement to the
sender's e-mail address upon receipt of eFiled comments. Commenters
making an eFiling should not make a paper filing. Commenters that are
not able to file electronically must send an original and two (2) paper
copies of their comments to: Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First Street, NE., Washington, DC
20426.
Users interested in receiving automatic notification of activity in
these dockets may do so through eSubscription at http://www.ferc.gov/docs-filing/esubscription.asp. In addition, all comments and FERC
issuances may be viewed, printed or downloaded remotely through FERC's
eLibrary at http://www.ferc.gov/docs-filing/elibrary.asp, by searching
on Docket Nos. IC10-511 and IC10-515. For user assistance, contact FERC
Online Support by e-mail at [email protected], or by phone at:
(866) 208-3676 (toll-free), or (202) 502-8659 for TTY.
FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail
at [email protected], telephone at (202) 502-8663, and fax at
(202) 273-0873.
SUPPLEMENTARY INFORMATION: For the purpose of publishing this notice
and seeking public comment, FERC requests comments on both FERC-511
(Application for Transfer of License; OMB Control No. 1902-0069), and
FERC-515 (Hydropower Licensing: Declaration of Intention; OMB Control
No. 1902-0079). The associated regulations, reporting requirements,
burdens, and OMB clearance numbers will continue to remain separate and
distinct for FERC-511 and FERC-515.
FERC-511: The information collected under the requirements of FERC-
511 is used by the Commission to implement the statutory provisions of
sections 4(e) and 8 of the Federal Power Act (FPA) (16 U.S.C. 797(e)
and 801). Section 4(e) authorizes the Commission to issue licenses for
the construction, operation and maintenance of reservoirs, powerhouses,
and transmission lines or other facilities necessary for the
development and improvement of navigation and for the development,
transmission, and utilization of power.\1\ Section 8 of the FPA
provides that the voluntary transfer of any license can only be made
with the written approval of the Commission. Any successor to the
licensee may assign the rights of the original licensee but is subject
to all of the conditions of the license. The information filed with the
Commission
[[Page 49915]]
is a mandatory requirement contained in the format of a written
application for transfer of license, executed jointly by the parties of
the proposed transfer. The transfer of a license may be occasioned by
the sale or merger of a licensed hydroelectric project. It is used by
the Commission's staff to determine the qualifications of the proposed
transferee to hold the license, and to prepare the transfer of the
license order. Approval by the Commission of transfer of a license is
contingent upon the transfer of title to the properties under license,
delivery of all license instruments, and a showing that such transfer
is in the public interest. The Commission implements these filing
requirements in the Code of Federal Regulations (CFR) under 18 CFR part
9.
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\1\ Refers to facilities across, along, from, or in any of the
streams or other bodies of water over which Congress has
jurisdiction under its authority to regulate commerce with foreign
nations and among the several States, or upon any part of public
lands and reservations of the United States, or for the purpose of
utilizing the surplus water or water power from any Government dam.
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FERC-515: The information collected under the requirements of FERC-
515 is used by the Commission to implement the statutory provisions of
Part I, Section 23(b) of the Federal Power Act (16 U.S.C. 817). Section
23(b) authorized the Commission to make a determination as to whether
it has jurisdiction over a proposed water project \2\ not affecting
navigable waters \3\ but across, along, over, or in waters over which
Congress has jurisdiction under its authority to regulate commerce with
foreign nations and among the several States. Section 23(b) requires
that any person intending to construct project works on such waters
must file a declaration of their intention with the Commission. If the
Commission finds the proposed project will have an impact on interstate
or foreign commerce, then the person intending to construct the project
must obtain a Commission license or exemption before starting
construction.\4\ The information is collected in the form of a written
application, containing sufficient details to allow the Commission
staff to research the jurisdictional aspects of the project. This
research includes examining maps and land ownership records to
establish whether or not there is Federal jurisdiction over the lands
and waters affected by the project. A finding of non-jurisdictional by
the Commission eliminates a substantial paperwork burden for the
applicant who might otherwise have to file for a license or exemption
application. The Commission implements these filing requirements under
18 CFR part 24.
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\2\ Dams or other project works (see 16 U.S.C. 817).
\3\ See 16 U.S.C. 796 (8) for the definition of ``Navigable
Waters''.
\4\ Upon a finding of non-jurisdictional by the Commission, and
if no public lands or reservations are affected, permission is
granted upon compliance with State laws.
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Action: The Commission is requesting a three-year extension of the
current expiration dates for FERC-511 and FERC-515, with no changes.
Burden Statement: Total annual burden hours for these collections
are estimated as:
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Average No. of
FERC data collection No. of respondents responses per Average burden Total annual
annually respondent hours per response burden hours
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(1) (2) (3) (1)x(2)x(3)
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FERC-511........................ 23 1 40 920
FERC-515........................ 10 1 80 800
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Total annual costs for these collections are estimated as:
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Cost burden per Total cost burden to
FERC data collection respondent respondents \5\
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FERC-511...................................................... $2,651 $60,983
FERC-515...................................................... 5,303 53,028
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The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
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\5\ Estimated number of hours an employee works each year =
2080, estimated average annual cost per employee = $137,874. Ex:
$60,983 = (920 hours/2080 hours) * $137,874
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The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
Comments are invited on: (1) Whether the proposed collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimate of the
burden of the proposed collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information to be collected;
and (4) ways to minimize the burden of the collections of information
on those who are to respond, including the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology e.g. permitting
electronic submission of responses.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-20140 Filed 8-13-10; 8:45 am]
BILLING CODE 6717-01-P