FERC-500, (Final Rule in RM18-14) Application for License/Relicense for Water Projects with More than 5 Megawatt (MW) Capacity

Forms and Documents

Document Name	Status
FERC-505_500_80 SuppStatefinal ruleRM18-14_1-7-2019.docx Supporting Statement A	2019-01-07
regs for 500_505 RM18-14 NOPR.docx Supplementary Document	2018-05-15
16 USC 799.pdf Supplementary Document	2012-12-14
16 USC 797a.pdf Supplementary Document	2012-12-14
16 USC 798.pdf Supplementary Document	2012-12-14
16 USC 792.pdf Supplementary Document	2012-12-14

IC Document Collections

IC ID	Document Title	Status
43997	FERC-500, Application (or Modification) for License/Relicense for Water Projects with Greater than 5 MW Capacity	Unchanged
231465	FERC-500, Final Rule in RM18-14 [Recreation posting]	Modified
220658	FERC-500, Comprehensive Plans	Unchanged
220657	FERC-500, Annual Conveyance Reports	Unchanged

ICR Details

OMB Control No: 1902-0058	ICR Reference No: 201809-1902-008
Status: Historical Active	Previous ICR Reference No: 201805-1902-005
Agency/Subagency: FERC	Agency Tracking No: FERC-500
Title: FERC-500, (Final Rule in RM18-14) Application for License/Relicense for Water Projects with More than 5 Megawatt (MW) Capacity
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: 02/19/2019
	Date Received in OIRA: 01/07/2019
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	02/28/2022	36 Months From Approved	05/31/2019
Responses	515	0	83
Time Burden (Hours)	321,722	0	321,506
Cost Burden (Dollars)	0	0	0

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Abstract: Final Rule in Docket RM18-14. 18 CFR 8.1 directs licensees to publicize information about the availability of projects lands and waters for recreational purposes, and any recreation-related license conditions. Section 8.1 requires licensees, at a minimum, to publish notice in a local newspaper once each week for four weeks of any recreation-related license conditions that the Commission may designate in an order issuing or amending a license. In addition to publishing notice in the local newspaper, the Commission is requiring licensees with project websites to also post notice of recreation-related license conditions on its website. This requirement would only apply to a licensee that already has an existing project website, or decides to develop a project website in the future. This change will ensure that the public is informed of recreational opportunities and recreation-related license conditions regardless of whether members of the public rely on a newspaper or the internet as their main source of news and information. The Final Rule also eliminates the FERC-80, and updates the posting requirements for FERC-505. FERC-500, in general. Most of the information collected by the FERC-500 is in the format of a written application for a license/relicense or exemption and is used by the Commission staff to determine the broad impact of the license application. Commission staff conducts systematic reviews of the prepared application with supplemental documentation provided by the solicitation of comments from other agencies and the public. These comments are received through the issuance of public notice and open meetings. These reviews ensure that the Federal Power Act, as amended by other statutory provisions, is formally administered to ensure compliance by the licensees. Greater environmental scrutiny, as well as a decision making process characterized by shared authorities, has assisted the development and utilization of hydropower as an essential renewable resource within the nation's energy mix. Projects coming up for relicense in the next several decades were originally licensed before the enactment of ECPA, the National Environmental Policy Act (NEPA), the Endangered Species Act, the Federal Water Pollution Control Amendments of 1972 (the Clean Water Act), and the Coastal Zone Management Act. After an application is filed, the Federal agencies with responsibilities under the FPA and other statutes, the states, Indian tribes, and other participants have opportunities to request additional studies and provide comments and recommendations. Federal agencies with mandatory conditioning authority also provide their conditions. The Commission staff may ask for additional information that it needs for its environmental analysis. All of this information is considered in the Commission staff's environmental review under NEPA. After a license is issued, the Commission monitors the licensee's compliance with the license conditions throughout the term of the license. FERC-500 also includes comprehensive plans submitted by governmental and tribal entities, as well as annual conveyance reports. Submission of the data is necessary to fulfill the requirements of the FPA in order for the Commission to make the required finding that the proposal is economically, technically, and environmentally sound, and is best adapted to a comprehensive plan for improving/developing a waterway or waterways. The parts of 18CFR which include requirements under FERC-500 are detailed in Attachment A to the supporting statement.

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Authorizing Statute(s): US Code: 16 USC 791a et seq. 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-AF51	Final or interim final rulemaking	83 FR 67060	12/28/2018

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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: 4

IC Title	Form No.	Form Name
FERC-500, Final Rule in RM18-14 [Recreation posting]
FERC-500, Application (or Modification) for License/Relicense for Water Projects with Greater than 5 MW Capacity
FERC-500, Annual Conveyance Reports
FERC-500, Comprehensive Plans

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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	515	83	0	432	0	0
Annual Time Burden (Hours)	321,722	321,506	0	216	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: Tthe Final Rule revises 18 CFR §§ 8.1 and 8.2 to modernize licensee public notice practices, clarify recreational signage requirements, and provide flexibility to assist licensees’ compliance with these requirements. It affects licenses with websites.

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Annual Cost to Federal Government: $2,971,691

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: 01/07/2019

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