Non-Substantive Changes -- Justification, updated 9/4/2014

(updated 9/4/2014)

Non-Substantive Changes, Made by the Final Rule (Order 798) in Docket No. RM14-20-000 (Format and Dimensions of Maps and Drawings Required by the Commission's Hydropower Program), RIN 1902-AE90, to:

• FERC-500, Application for License/Relicense for Water Projects with Greater than 5MW Capacity (OMB Control No. 1902-0058)

• FERC-505, Application for License/Relicense for Water Projects with 5 MW or Less Capacity (OMB Control No. 1902-0115) ¹

• FERC-512, Application for Preliminary Permit (OMB Control No. 1902-0073)

The Commission issued this Final Rule² in RM14-20 (Order 798, issued 7/17/2014) to make minor changes to its regulations. This Final Rule amends the requirements of 18 C.F.R. § 4.39(a) pertaining to the format and dimensions of maps and drawings submitted to the Commission by applicants and licensees in the Commission's hydropower program. Specifically, the amendments:

1. remove the requirement that applicants and licensees submit copies of certain project maps and drawings in microfilm format on aperture cards; and

2. change the minimum and maximum dimensions applicable to submitted maps and drawings.

These amendments modernize the regulations to reflect technological advances and the manner in which the majority of filers currently submit their drawings, and to relieve burdens placed on applicants and licensees (who formerly may have had to request a waiver to file in this format or size).

The Commission originally chose to utilize aperture cards because of their durability and uniformity. However, aperture cards continue to grow more expensive and difficult to obtain as the industry and entities move to more modem formats and technological advances have made electronic versions of documents more timeless, secure, and convenient. Consequently, the Commission has decided to discontinue its use of aperture cards and instead rely on print and digital formats.

The Final Rule also amends 18 C.F.R. § 4.39(a) to change the minimum and maximum dimensions applicable to submitted maps and drawings from 24 by 36 inches to 22 by 34 inches (minimum dimensions) and from 28 by 40 inches to 24 by 36 inches (maximum dimensions). The Commission makes this change in order to reflect the dimensions commonly used by architects and engineers and to allow maps and drawings to be more easily reduced to half size without loss of quality. These minor modifications to the medium, formatting and dimensional requirements applicable to existing information collections are to reflect and adapt to the medium and technology already in use by filers and industry and do not require any new information to be collected. The final reduces the economic burden of creating and submitting microfilm copies of maps and drawings in aperture card format to the Commission.

Because this order updates the Commission’s regulations and reflects current industry practice related to the creation and submittal of maps and drawings, this change is being submitted to OMB for review under the Paperwork Reduction Act as a ‘non-substantive change’ to FERC-500, FERC-505, and FERC-512. As this industry practice has developed over time and was substantively in place at the time these ICRs were last approved, current burden and cost estimates of these ICRs will substantially reflect this new practice. As such, FERC is not modifying the burden or cost associated with these collections at this time.

1This includes conduit exemption applications.

2 Posted in FERC’s eLibrary at http://elibrary.ferc.gov/idmws/common/OpenNat.asp?fileID=13595266