In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments to continue this ICR. If the commission votes to discontinue this form, FERC should submit a discontinue notice to OMB.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
12/31/2019
12/31/2019
02/28/2019
67
0
67
201
0
201
0
0
0
NOPR in Docket No. RM18-14. The Commission proposes to remove section 8.11 of its regulations, eliminating the requirement for licensees to file Form 80, a Licensed Hydropower Development Recreation Report, currently filed every 6 years. Form 80 solicits information on the use and development of recreation facilities at hydropower projects licensed by the Commission under the Federal Power Act (FPA). In addition, the Commission proposes to revise sections 8.1 and 8.2 of its regulations (affecting FERC-500 and FERC-505) to modernize public notice practices, clarify recreational signage requirements, and provide flexibility to assist licenseesâ compliance efforts.
Form 80, in General. The Commission uses the information collected on FERC Form 80 to implement statutory provisions of Sections 4(g), 10, 304, 309, and 311 of the Federal Power Act (FPA). The Commission has collected FERC Form 80 data since 1966. Presently, the Commission collects the data every six years as directed by 18 Code of Federal Regulations (CFR) 8.11 and 141.14.
The authority for the Commission to collect this information comes from Section 10(a) of the FPA which requires the Commission to be responsible for ensuring that hydro projects subject to its jurisdiction are consistent with the comprehensive development of the nationâs waterway for recreation and other beneficial public uses. In the interest of fulfilling these objectives, the Commission expects its licensees, over whom it may exercise direct regulatory control, to recognize the resources affected by their activities and to play a role in the protection of such resources. 18 CFR 8.11 and 141.14 specifies the data required and on the form.
FERC collects information from hydropower project owners on the use and development of recreational facilities. Commission staff uses the data to analyze the adequacy of existing public recreational facilities. Applications for licenses, amendments to licenses, and/or changes in land rights frequently involve changes in resources available for recreation. Commission staff uses the data during the amendment review process to help determine the impact of such changes. The Commissionâs regional office staff conducts inspections of licensed projects to evaluate compliance with various license conditions, including those related to recreation. The FERC Form 80 data assists the inspectors in identifying recreational facilities at hydropower projects.
FERC is proposing to eliminate Form 80 in the NOPR in RM18-14. If a final rule is approved deleting the form, we will submit a request to delete the OMB Control No..at the final rule stage. However at this point, we are retaining placeholder figures of 1 hour and 1 response in this request.
In 1965, when use of the Form 80 was first adopted, most licensed projects did not have individual recreation plans or specific recreation development requirements set out in the license. However, today many licensed projects with significant recreation opportunities have project-specific license conditions that require licensees to prepare and implement a recreation plan, conduct recreation monitoring, and/or file periodic updates to an approved recreation plan. Such project-specific license requirements are tailored to the recreation opportunities provided by the individual project, allowing licensees and Commission staff to better evaluate and address public recreation needs over time. Consequently, the information contained in the Form 80 may be duplicative and of limited use to Commission staff when compared to the more detailed and descriptive recreation information submitted to the Commission in response to project-specific recreation requirements.
Licensees for projects with limited recreation opportunities are also required to file Form 80 reports every six years, unless exempted from this requirement. Although these projects may not have approved recreation plans or recreation-related monitoring requirements given the limited recreation opportunities at such projects, the periodic submission of Form 80 reports does not provide an effective means to determine whether these projects are meeting public recreation needs. Commission staff utilizes other tools to evaluate recreation development and use at the licensed projects with minimal recreation opportunities, such as periodic project inspections and investigation of non-compliance allegations (e.g., any recreation-related inquiries or complaints submitted by resource agencies, recreation users, or local residents).
Moreover, Commission staff reports limited use of Form 80 data and cites concerns about the dataâs validity and lack of specificity. Commission staff generally views the Form 80 as a secondary source, using the reported data to confirm existing recreation data or to identify additional information to be requested from the licensee. Similarly, Commission staff experience indicates that resource agencies and outside entities often view Form 80 data as unreliable or insufficient to accurately document recreation use and facility capacity. Finally, advances in technology since the advent of the Form 80 (e.g., websites, Google Earth, and the Commissionâs eLibrary system) allow interested parties and the general public to more effectively obtain information about a projectâs recreational opportunities and any recreation-related license requirements. For these reasons, the Commission proposes to remove section 8.11 from its regulations, eliminating the requirement for licensees to file the Form 80.every 6 years.
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:
(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;
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.
FERC-505_500_80 SuppState NOPR RM18-14.docx
16 USC 825h.pdf
Licensed Hydropower Development Recreation Report