FERC-512, [Final Rule in RM14-22] Preliminary Permit

Forms and Documents

Document Name	Status
RM14-22-Part4-ecfr12-19-14.docx Supplementary Document	2014-12-19
RM14-22 FERC-512-500 supporting statement2-19-15.doc Supporting Statement A	2015-02-19
RM14-22 30-day notice.pdf Supplementary Document	2014-12-15
30day notice_20141205-3013.docx Supplementary Document	2014-12-15
HydroEfficAct bills-113hr267enr.pdf Supplementary Document	2014-12-15
16 USC 800.pdf Supplementary Document	2014-07-23
16 USC 798.pdf Supplementary Document	2014-07-23
16 USC 797.pdf Supplementary Document	2014-07-23

IC Document Collections

IC ID	Document Title	Status
23011	FERC-512, Preliminary Permit	Modified

ICR Details

OMB Control No: 1902-0073	ICR Reference No: 201412-1902-002
Status: Historical Active	Previous ICR Reference No: 201409-1902-001
Agency/Subagency: FERC	Agency Tracking No: FERC-512
Title: FERC-512, [Final Rule in RM14-22] Preliminary Permit
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 02/19/2015
	Date Received in OIRA: 12/19/2014
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2018	36 Months From Approved	09/30/2017
Responses	205	0	125
Time Burden (Hours)	4,945	0	4,625
Cost Burden (Dollars)	0	0	0

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Abstract: RM14-22, Final Rule. FERC is amending Parts 4 and 380 of its regulations to conform to the Hydropower Regulatory Efficiency Act of 2013 (Hydropower Efficiency Act or Act). On 8/9/2013, Congress enacted the Hydropower Efficiency Act to encourage the hydropower industry to utilize non-power dams for electric generation, noting that roughly 97 percent of the 80,000 dams in the United States do not generate electricity. Congress recognized that it could encourage hydropower development by reducing costs and regulatory burden during the project study and licensing stages. To that end, the Hydropower Efficiency Act amends statutory provisions pertaining to preliminary permits and projects that are exempt from licensing. Although FERC has been complying with the Hydropower Efficiency Act, and made its compliance procedures available on its website, this Final Rule now formalizes the Commission's compliance procedures in its revised regulations on preliminary permits, small conduit hydroelectric facilities, and small hydroelectric power projects, and in a new subpart on qualifying conduit hydropower facilities. FERC-512, in general. FERC is responsible for licensing nonfederal hydropower projects if they are on lands or waters subject to Congressional authority. Part I of the Federal Power Act(FPA) gives FERC the authority to issue licenses for hydroelectric projects on these waters. FERC issues licenses for terms up to 50 years for projects "best adapted to a comprehensive plan" for improving a waterway for beneficial public purposes. Benefits include power generation, irrigation, flood control, navigation, fish and wildlife, municipal water supply, and recreation. Preliminary permits, issued for three years, reserve rights to study the feasibility of hydropower development at a specific site, but do not authorize construction of any hydropower facilities. The application for preliminary permit process is pursuant to FERC's defined role, as mandated under Sections 4(f), 5 and 7 of the Federal Power Act. The purpose of obtaining a preliminary permit as noted above, is to maintain a priority status for an application for a license, while the applicant conducts site examinations and surveys to prepare maps, plans, specifications and estimates. This period of time also provides the applicant with the opportunity to conduct engineering, economic and environmental feasibility studies; plus make the financial arrangements for funding the construction of the site. The conditions under which the priority will be maintained are set forth in each permit. During the term of the permit, no other application for a preliminary permit or application for license submitted by another party can be accepted.

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Authorizing Statute(s): US Code: 16 USC 797 et. al. Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 59105	10/01/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 73296	12/10/2014
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
FERC-512, Preliminary Permit

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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	205	125	0	80	0	0
Annual Time Burden (Hours)	4,945	4,625	0	320	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: On August 9, 2013, Congress enacted the Hydropower Regulatory Efficiency Act of 2013 (Hydropower Efficiency Act) to encourage the hydropower industry to utilize non-power dams for electric generation, noting that roughly 97 percent of the 80,000 dams in the United States do not generate electricity. Congress recognized that it could encourage hydropower development by reducing costs and regulatory burden during the project study and licensing stages. To that end, Congress amended statutory provisions pertaining to preliminary permits and projects that are exempt from licensing. In response, the Commission issued the Final Rule in Docket No. RM14-22-000, amending Parts 4 and 380 of its regulations to conform to the Hydropower Efficiency Act. Although the Commission has been complying with the Hydropower Efficiency Act since its enactment, and made its compliance procedures available on its website, the Final Rule now formalizes the Commission's compliance procedures in its revised regulations on preliminary permits and exemptions, and in a new subpart on qualifying conduit hydropower facilities. The changes in burden and nos. of respondents and responses are due to the new legislation and FERC's implementing regulations as promulgated in the final rule in RM14-22.

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Annual Cost to Federal Government: $774,695

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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Common Form ICR:  No

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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: 12/19/2014

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