FERC-505, (Final Rule in RM19-6-000) Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination

Forms and Documents

Document Name	Status
RM19-6-000 Final Rule (FERC-500 FERC-505) Supporting Statement.docx Supporting Statement A	2019-06-07
18 CFR Parts 7.1-7.9 (added due to RM19-6-000).pdf Supplementary Document	2019-05-28
RM19-6-000 Final Rule Press Release.pdf Supplementary Document	2019-05-28
RM19-6-000 NOPR (published).pdf Supplementary Document	2019-05-28
RM19-6-000 NOPR (issued).docx Supplementary Document	2019-05-28
18 CFR Part 292.pdf Supplementary Document	2019-03-13
18 CFR Part 16.pdf Supplementary Document	2019-03-13
18 CFR Part 11.pdf Supplementary Document	2019-03-13
18 CFR Part 8.pdf Supplementary Document	2019-03-13
18 CFR Part 5.pdf Supplementary Document	2019-03-13
18 CFR Part 4.pdf Supplementary Document	2019-03-13
18 CFR Part 2.pdf Supplementary Document	2019-03-13
Water Infrastructure Act of 2018.pdf Supplementary Document	2019-03-13
List of regulations for FERC-505.docx Supplementary Document	2019-03-13
16 USC 791-825.pdf Supplementary Document	2019-03-12

IC Document Collections

IC ID	Document Title	Status
44000	Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination	Unchanged
236354	FERC-505 (RM19-6-000 Final Rule)	New
231526	Final Rule in RM18-14	Unchanged

ICR Details

OMB Control No: 1902-0115	ICR Reference No: 201905-1902-017
Status: Active	Previous ICR Reference No: 201902-1902-009
Agency/Subagency: FERC	Agency Tracking No: FERC-505
Title: FERC-505, (Final Rule in RM19-6-000) Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/23/2019
	Date Received in OIRA: 06/07/2019
Terms of Clearance: Because the agency sought comments only on the changes associated with the regulation, the existing expiration date remains the same for this collection. In accordance with 5 CFR 1320, the information collection is approved.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2022	36 Months From Approved	05/31/2022
Responses	324	0	319
Time Burden (Hours)	24,635	0	24,435
Cost Burden (Dollars)	0	0	0

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Abstract: On October 23, 2018, the America’s Water Infrastructure Act of 2018 (AWIA) was signed into law. The AWIA, among other things, requires the Commission to establish an expedited process for issuing and amending licenses for qualifying facilities at existing nonpowered dams and for closed-loop pumped storage projects. Under the expedited process, the Commission will seek to ensure that a final decision on a license application will be issued no later than two years after the Commission receives a completed application for a license. Therefore, to comply with the AWIA, the Final Rule amends the Commission’s regulations governing hydroelectric licensing under the FPA by adding a new Part 7 that establishes an expedited licensing process for qualifying facilities at existing non-powered dams and for closed-loop pumped storage projects. As directed by FPA sections 34 and 35, the Commission approved an expedited licensing process for two types of hydropower projects – qualifying facilities at existing, nonpowered dams and closed-loop pumped storage projects. The modified regulations will be codified as Part 7 of the Commission’s regulations. The addition of a new Part 7 to the Commission’s regulations will affect only the number of entities that file applications with the Commission for these two project types, and will impose a new, albeit slight, information collection requirement (i.e., filing the request to use the expedited licensing process). The requirement that an applicant file a request for authorization to use the expedited process concurrently with its license application is necessary for the Commission to carry out its responsibilities under the FPA, as amended by the AWIA. The information provided will enable the Commission to review the features of the proposed project and make a determination on whether the proposed project meets the statutory criteria enumerated in the AWIA, as well as the early consultation requirements that the Commission has determined will help it seek to ensure that the proposed project’s license application will be acted on no later than two years after the date of application filing. Submission of the data is necessary to fulfill the requirements of the FPA in order for the Commission to make the required finding that a proposal is economically, technically, and environmentally sound, and is best adapted to a comprehensive plan for improving and developing a waterway or waterways. The Commission is codifying the new requirements in the RM19-6-000 Final Rule in FERC-505 related to the expedited process contained in new sections 7.1-7.9 of the Commission’s regulations.

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Authorizing Statute(s): PL: Pub.L. 115 - 270 3765 Name of Law: Water Infrastructure Act of 2018
   US Code: 16 USC 791 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:
	84 FR 2469	02/07/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 17064	04/24/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination
Final Rule in RM18-14
FERC-505 (RM19-6-000 Final Rule)

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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	324	319	0	5	0	0
Annual Time Burden (Hours)	24,635	24,435	0	200	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: As directed by Congress in the AWIA, the Commission revises its regulations (affecting FERC-505) to incorporate an expedited licensing process for two types of hydroelectric projects: (1) qualifying facilities at nonpowered dams, and (2) closed-loop pumped storage projects. The expedited licensing process is an optional process that will affect only those entities that file applications with the Commission for these two project types along with a request to use the expedited process. The associated increase in burden is slight (i.e. filing the request to use the expedited licensing process). As noted above, the requirement that an applicant file a request for authorization to use the expedited process concurrently with its license application is necessary for the Commission to carry out its responsibilities under the FPA, as amended by the AWIA. This information will enable the Commission to review the features of the proposed project and make a determination on whether the proposed project meets the statutory criteria enumerated in the AWIA, as well as the early consultation requirements that the Commission has determined will help it seek to ensure that the proposed project’s license application will be acted on no later than two years after the date of application filing.

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Annual Cost to Federal Government: $1,405,901

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 06/07/2019

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