[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Notices]
[Pages 15424-15426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6823]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC10-538-001, IC10-539-001, IC10-577-001, IC10-606-001, 
and IC10-607-001]


Commission Information Collection Activities (FERC-538, FERC-539, 
FERC-577, FERC-606, and FERC-607); Comment Request; Submitted for OMB 
Review

March 22, 2010.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy 
Regulatory Commission (Commission or FERC) has submitted the 
information collections described below to the Office of Management and 
Budget (OMB) for review of the information collection requirements. Any 
interested person may file comments directly with OMB and should 
address a copy of those comments to the Commission as explained below. 
The Commission issued a Notice in the Federal Register (75 FR 2124, 1/
14/2010) requesting public comments. FERC received no comments and has 
made this notation in its submission to OMB.

DATES: Comments on the collections of information are due by April 28, 
2010.

ADDRESSES: Address comments on the collections of information to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. 
Comments to OMB should be filed electronically, c/o [email protected] and include the appropriate OMB Control 
Number(s) and collection number(s) as a point of reference. The Desk 
Officer may be reached by telephone at 202-395-4638.
    A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission and should refer to Docket Nos. IC10-538-001, 
IC10-539-001, IC10-577-001, IC10-606-001, and IC10-607-001. (For 
comments that only pertain to some of the collections, specify the 
appropriate collection(s) and related docket number(s).) Comments may 
be filed either electronically or in paper format. Those persons filing 
electronically do not need to make a paper filing. Documents filed 
electronically via the Internet must be prepared in an acceptable 
filing format and in compliance with the Federal Energy Regulatory 
Commission submission guidelines. Complete filing instructions and 
acceptable filing formats are available at http://www.ferc.gov/help/submission-guide/electronic-media.asp. To file the document 
electronically, access the Commission's Web site and click on Documents 
& Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp), and 
then follow the instructions for each screen. First time users will 
have to establish a user name and password. The Commission will send an 
automatic acknowledgement to the sender's e-mail address upon receipt 
of comments.
    For paper filings, the comments should be submitted to the Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street, NE., Washington, DC 20426, and should refer to Docket Nos. 
IC10-538-001, IC10-539-001, IC10-577-001, IC10-606-001, and IC10-607-
001 (or the appropriate docket number(s), if the comments only pertain 
to some of the collections).
    All comments may be viewed, printed or downloaded remotely via the 
Internet through FERC's homepage using the ``eLibrary'' link. For user 
assistance, contact [email protected], or call toll-free at 
(866) 208-3676, or for TTY, contact (202) 502-8659.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by 
telephone at (202) 502-8663, by fax at (202) 273-0873, and by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: For the purpose of publishing this notice 
and seeking public comment, FERC requests comments on the following 
information collections:
     FERC-538, Gas Pipeline Certificate: Section 7(a) Mandatory 
Initial Service, contained in 18 CFR part 156; OMB Control No. 1902-
0061;
     FERC-539, Gas Pipeline Certificates: Import/Export 
Related, contained in 18 CFR parts 153 and 157; OMB Control No. 1902-
0062;
     FERC-577, Gas Pipeline Certificates: Environmental Impact 
Statement, identifies FERC's information collections relating to 18 CFR 
part 380 implementing NEPA and includes the environmental compliance 
conditions of 18 CFR 157.206(b); OMB Control No. 1902-0128;
     FERC-606, Notification of Request for Federal 
Authorization and Requests for Further Information, contained in 18 CFR 
part 385; OMB Control No. 1902-0241; and
     FERC-607, Report on Decision or Action on Request for 
Federal Authorization, contained in 18 CFR part 385; OMB Control No. 
1902-0240.
    The associated regulations, information collections, burdens, and 
OMB clearance numbers will continue to remain separate and distinct.
    FERC-538. Under the Natural Gas Act (NGA) (Pub. L. 75-688) (15 
U.S.C. 717-717w), upon application by a local distribution company or 
municipality, a natural gas pipeline company may be ordered by the 
Commission to extend or improve transportation facilities, to establish 
physical connections to serve, and to sell natural gas to the 
applicant. Filings pursuant to the provisions of section 7(a) of the 
NGA are to contain all information necessary to advise the Commission 
fully concerning the service which the applicant has requested the 
Commission to direct the natural gas pipeline company to render (such 
as a request to direct a natural gas company to extend or improve its 
transportation facilities, and to sell natural gas to the municipality 
or person and, for such purpose, to extend its transportation 
facilities to communities immediately adjacent to such facilities or to 
territories served by the natural gas pipeline company).
    FERC-539. Section 3 of the Natural Gas Act (NGA) (Pub. L. 75-688) 
(15 U.S.C. 717-717w) provides, in part, that ``* * * no person shall 
export any natural gas from the United States to a foreign country or 
import any natural gas from a foreign country without first having 
secured an order from the Commission authorizing it to do so.'' The 
1992 amendments to section 3 of the NGA concern importation or 
exportation from/to a nation which has a free trade agreement with the 
United

[[Page 15425]]

States, and requires that such importation or exportation: (1) Shall be 
deemed to be a ``first sale'', i.e., not a sale for a resale, and (2) 
Shall be deemed to be consistent with the public interest, and 
applications for such importation or exportation shall be granted 
without modification or delay.
    With the ratification of the North American Free Trade Agreement 
and the Canadian Free Trade Agreement, the Federal regulatory focus on 
construction, operation, and siting of import and export facilities 
increased significantly.
    FERC-577. Section 102(2)(c) of the National Environmental Policy 
Act of 1969 (NEPA) (Pub. L. 91-190) requires that all Federal agencies 
must include in every recommendation or report on proposals for 
legislation and other major federal actions significantly affecting the 
quality of the human environment, a detailed statement on: the 
environmental impact on the proposed actions; any adverse environmental 
effects which cannot be avoided should the proposal be implemented; 
alternatives to the proposed action; the relationship between local 
short-term uses of man's environment and the maintenance and 
enhancement of long term productivity; and any irreversible and 
irretrievable commitment of resources which would be involved in the 
proposed action should it be implemented.
    FERC-606 and FERC-607. Section 313 of EPAct 2005 directs the 
Commission: (1) To establish a schedule for state and federal agencies 
and officers to act on requests for federal authorizations required for 
NGA section 3 and 7 gas projects, and (2) to maintain a complete 
consolidated record of all decisions or actions by the Commission and 
other agencies and officers with respect to federal authorizations.
    FERC-606 requires agencies and officials responsible for issuing, 
conditioning, or denying requests for federal authorizations necessary 
for a proposed natural gas project to report to FERC regarding the 
status of an authorization request. This reporting requirement is 
intended to allow agencies to assist the FERC to make better informed 
determinations in establishing due dates for agencies' decisions.
    FERC-607 requires agencies or officials to submit to FERC a copy of 
a decision or action on a request for federal authorization and an 
accompanying index to the documents and materials relied on in reaching 
a conclusion.
    If the collections of data for FERC-538, FERC-539, FERC-577, FERC-
606, and FERC-607 in general were not conducted, the Commission would 
not be able to meet its statutory responsibilities, would not be able 
to authorize and monitor certain energy projects to ensure that the 
construction of natural gas pipeline projects and LNG terminals are 
economically viable, and at the same time, protect the environment.
    Action: The Commission is requesting a three-year extension of the 
current FERC-538, FERC-539, FERC-577, FERC-606, and FERC-607 
requirements, with no changes.
    Burden Statement: The estimated annual public reporting burdens and 
the associated public costs follow.\1\
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    \1\ These figures may not be exact, due to rounding and/or 
truncating.

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                                                                                   Projected
                                                   Projected       Number of     average burden    Total annual
             FERC Data collection                  number of     responses per     hours per       burden hours
                                                  respondents     respondent        response           \1\
                                                           (1)          (2)               (3)      (1)x(2)x(3)
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FERC-538......................................               1            1               240              240
FERC-539......................................               6           25.3              12             1821.6
FERC-577......................................              92           16               193          284,096
FERC-606......................................              48           35.46              4.4          7,489
FERC-607......................................              48           34.45              6.3         10,423
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    The total annual cost to respondents1 2 is estimated as 
follows.
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    \2\ Using 2,080 hours/year, the estimated cost for 1 full-time 
employee is $137,874/year. The estimated hourly cost is $66.29 (or 
$137,874/2,080).

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                                                                                                 Estimated total
                                                                  Total annual      Estimated     annual cost to
                     FERC Data collection                         burden hours     hourly cost   respondents ($)
                                                                                       \2\             \1\
                                                                          (1)               (2)          (2)x(1)
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FERC-538......................................................            240            $66.29          $15,909
FERC-539......................................................           1821.6          $66.29         $120,753
FERC-577......................................................        284,096            $66.29      $18,832,723
FERC-606......................................................          7,489            $66.29         $496,446
FERC-607......................................................         10,423            $66.29         $690,941
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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;

[[Page 15426]]

and (7) transmitting, or otherwise disclosing the information.
    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 estimates 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.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-6823 Filed 3-26-10; 8:45 am]
BILLING CODE 6717-01-P