FERC-505A,(NOPR 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 NOPR (FERC-500 FERC-505A) Supporting Statement.docx Supporting Statement A	2019-03-25
PL 115-270 (America's Water Infrastructure Act of 2018) (1).pdf Supplementary Document	2019-03-25
18 CFR Part 7 (proposal due to RM19-6-000 NOPR).docx Supplementary Document	2019-03-20
18 CFR 292.203.pdf Supplementary Document	2019-03-20
18 CFR 292.208.pdf Supplementary Document	2019-03-20
18 CFR Part 16.pdf Supplementary Document	2019-03-20
18 CFR Part 8.pdf Supplementary Document	2019-03-20
18 CFR Part 5.pdf Supplementary Document	2019-03-20
18 CFR Part 4.pdf Supplementary Document	2019-03-20
18 CFR Part 2.pdf Supplementary Document	2019-03-20
16 USC 799.pdf Supplementary Document	2019-03-08
16 USC 798.pdf Supplementary Document	2019-03-08
16 USC 797a.pdf Supplementary Document	2019-03-08
16 USC 792.pdf Supplementary Document	2019-03-08
16 USC 791 (Short Title).pdf Supplementary Document	2019-03-08

IC Document Collections

IC ID	Document Title	Status
235248	NOPR in RM19-6-000 (Hydroelectric Licensing Regulations Under the AWIA of 2018)	New

ICR Details

OMB Control No: 1902-0309	ICR Reference No: 201902-1902-005
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FERC	Agency Tracking No: FERC-505A
Title: FERC-505A,(NOPR in RM19-6-000) Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 05/16/2019
	Date Received in OIRA: 03/25/2019
Terms of Clearance: Pursuant to 5 CFR 1320.11(c) of the Paperwork Reduction Act of 1995, OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will describe in the preamble of the final rule how the agency has maximized the practical utility of the collection and minimized the burden. The next submission to OMB must include the draft final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Due to separate unrelated activity (pending at OMB) for the FERC-505, we are using a temporary information collection number (FERC-505A) in this information collection request for the related components in the NOPR in Docket RM19-6-000. (Only one item per OMB Control No. may be pending at a time at OMB.) Any reference to the FERC-505, in the scope of this supporting statement, should apply to the FERC-505A temporary information collection number. 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 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 Commission is amending its regulations governing hydroelectric licensing under the FPA by establishing an expedited licensing process for qualifying facilities at existing non-powered dams and for closed-loop pumped storage projects. As proposed, a new part 7 would be added to the Commission’s regulations. As directed by FPA sections 34 and 35, the Commission is proposing an expedited licensing process for two types of hydropower projects – qualifying facilities at existing, nonpowered dams and closed-loop pumped storage projects. The proposed regulations, if enacted, will be codified as part 7 of the Commission’s regulations. The addition of a new part 7 to the Commission’s regulations would affect only the number of entities that would file applications with the Commission for these two project types, and would 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 NOPR in FERC-505A related to the expedited process contained in new Parts 7.1-7.9 of the Commission’s regulations.

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Authorizing Statute(s): US Code: 16 USC 791 Name of Law: Federal Power Act
  

Citations for New Statutory Requirements: PL: Pub.L. 115 - 207 34 and 35 Name of Law: America's Water Infrastructure Act of 2018

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1902-AF59	Proposed rulemaking	84 FR 2469	02/07/2019

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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: 1

IC Title	Form No.	Form Name
NOPR in RM19-6-000 (Hydroelectric Licensing Regulations Under the AWIA of 2018)

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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: No

Burden Reduction Due to:

Short Statement: As directed by Congress in the AWIA, the Commission proposes to revise its regulations (affecting FERC-505A) 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 would 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: $4,931

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: 03/25/2019

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