FERC-505, (Final Rule in RM20-21-000) Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination

Forms and Documents

Document Name	Status
RM20-21 final rule supporting statement.docx Supporting Statement A	2021-08-05
18 CFR Part 7.pdf Supplementary Document	2021-08-05
18 CFR Part 5.pdf Supplementary Document	2021-07-15
18 CFR Part 4.pdf Supplementary Document	2021-07-15
Soldier Canyon Filtrer Plant Order on Rehearing (June 18, 2015).docx Supplementary Document	2021-07-15
Hydropower Regulatory Efficiency Act of 2013.pdf Supplementary Document	2021-07-15
16 U.S.C. 2705.docx Supplementary Document	2021-07-15
Federal Power Act Part I.docx Supplementary Document	2021-07-15

IC Document Collections

IC ID	Document Title	Status
44000	FERC-505, Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination	Modified
236354	FERC-505, Request for Authorization to Use Expedited Licensing Process	Modified
231526	FERC-505, Recreation Posting	Modified

ICR Details

OMB Control No: 1902-0115	ICR Reference No: 202107-1902-008
Status: Received in OIRA	Previous ICR Reference No: 201905-1902-017
Agency/Subagency: FERC	Agency Tracking No: FERC-505
Title: FERC-505, (Final Rule in RM20-21-000) 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	Date Submitted to OIRA: 08/06/2021

	Requested	Previously Approved
Expiration Date	02/28/2022	05/31/2022
Responses	324	324
Time Burden (Hours)	24,555	24,635
Cost Burden (Dollars)	0	0

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Abstract: The final rule at Docket No. RM20-21-000 revises the information collection activity associated with Commission determinations whether a proposed project is a “qualifying conduit hydropower facility” that is eligible for exemption from the requirements of Part I of the Federal Power Act. To obtain a determination that a project is a qualifying conduit hydropower facility, an entity must file with the Commission a notice of intent (NOI) to construct the facility that demonstrates the facility meets the qualifying criteria. Previously, 18 CFR 4.401(f)(3) required that the NOI intent include a profile drawing if a dam would be constructed in association with the facility, to show that the conduit, and not the dam, creates the hydroelectric potential. The final rule removes that requirement. The estimated burden hours for the activity titled “Small hydropower projects and conduit facilities including license / relicense, exemption and qualifying conduit facility determination” is reduced by the removal of the requirement at 4.401(f)(3) to submit profile drawings as part of NOIs for qualifying conduit exemptions. We believe that this amendment reduces the burden hours for 8 of the 32 responses estimated for the relevant information collection activity by 10 hours for each of the 8 affected submissions ― a total reduction of 80 hours in the average burden hours for the activity. The final rule removes the requirement at section 4.401(f)(3) to provide a profile drawing for a qualified conduit facility NOI. As stated in the final rule, this amendment implements Commission precedent providing that it is not relevant whether a conduit’s ability to generate hydropower is due to the conduit’s gradient or the head from an upstream dam. The rationale for the removal of 18 CFR 4.401(f)(3) is that this holding indicates that a profile drawing is not necessary in order to determine if a proposed project is a qualifying conduit hydropower facility. The removal of 18 CFR 4.401(f)(3) reduces the hour burdens for FERC-505.

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Authorizing Statute(s): 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:
1902-AF77	Final or interim final rulemaking	86 FR 42710	08/05/2021

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Federal Register Notices & Comments

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
FERC-505, Recreation Posting
FERC-505, Request for Authorization to Use Expedited Licensing Process
FERC-505, Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination

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ICR Summary of Burden

	Total Request	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	324	0	0	0	0
Annual Time Burden (Hours)	24,555	24,635	0	-80	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to: Changing Regulations

Short Statement: The estimated burden hours for the activity titled “Small hydropower projects and conduit facilities including license / relicense, exemption and qualifying conduit facility determination” are reduced by the removal of the requirement at 4.401(f)(3) to submit profile drawings as part of NOIs for qualifying conduit exemptions. This amendment reduces the burden hours for 8 of the 32 responses estimated for the relevant information collection activity by 10 hours for each of the 8 affected submissions ― a total reduction of 80 hours in the average burden hours for the activity.

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Annual Cost to Federal Government: $1,471,271

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? No

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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: 08/06/2021

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