FERC-505, (Instant Final Rule in RM19-13) Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination

Forms and Documents

Document Name	Status
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
Press Release for RM19-13 Final Rule.pdf Supplementary Document	2019-03-13
RM19-13-000 Final Rule supporting statement.docx Supporting Statement A	2019-03-12
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	Modified
231526	Final Rule in RM18-14	Unchanged

ICR Details

OMB Control No: 1902-0115	ICR Reference No: 201902-1902-009
Status: Historical Active	Previous ICR Reference No: 201809-1902-009
Agency/Subagency: FERC	Agency Tracking No: FERC-505
Title: FERC-505, (Instant Final Rule in RM19-13) 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: 05/09/2019
	Date Received in OIRA: 03/13/2019
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	05/31/2022	36 Months From Approved	02/28/2022
Responses	319	0	320
Time Burden (Hours)	24,435	0	24,465
Cost Burden (Dollars)	0	0	0

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Abstract: FERC-505 is an application for a small hydropower project license or relicense, exemption, or determination of a qualifying conduit hydropower facility. Qualifying Conduit Hydropower Facilities The Hydropower Regulatory Efficiency Act of 2013 amended section 30 of the FPA, which created a subset of conduit exemptions, called “qualifying conduit hydropower facilities,” which are not required to be licensed under Part I of the FPA. Section 30 includes the following criteria to determine whether a facility qualifies as a qualifying conduit hydropower facility: • the facility would be constructed, operated, or maintained for the generation of electric power using only the hydroelectric potential of a non-federally owned conduit; • the facility would have a total installed capacity that does not exceed five megawatts (MW); and • the facility is not licensed under, or exempted from, the license requirements in Part I of the FPA on or before the date of enactment of the Hydropower Efficiency Act (i.e. August 9, 2013). To obtain a determination that a project is a qualifying conduit hydropower facility, an entity must file with the Commission a notice of its intent to construct the facility that demonstrates the facility meets the qualifying criteria. The notice of intent is used by the Commission to determine whether an entity meets the criteria of a qualifying conduit hydropower facility. If the Commission did not collect the data from the notice, then there would not be a qualifying conduit hydropower facility program, as the Commission would have no way of determining whether an entity meets the relevant criteria. Therefore, an entity that may be eligible as a qualifying conduit hydropower facility, and thus eligible to operate without Commission regulation, would have to obtain a license or exemption from the Commission in order to operate. A separate entity may contest whether a facility meets the qualifying criteria by filing with the Commission a comment, within the comment period, contesting the facility’s qualifying status. A comment in opposition to the notice of intent provides the public with an opportunity to contest whether a facility meets the statutory requirements.

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Authorizing Statute(s): US Code: 16 USC 791 Name of Law: Federal Power Act
   PL: Pub.L. 115 - 270 3765 Name of Law: Water Infrastructure Act of 2018
  

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 99999	03/01/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 7988	03/06/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

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

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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	319	320	0	-1	0	0
Annual Time Burden (Hours)	24,435	24,465	0	-30	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 Commission is conforming its regulations to the Water Infrastructure Act. The revision increasing the installed capacity for qualifying conduit hydropower facilities will cause entities with qualifying conduit applications to incur less burden than before the Act, because more facilities may be considered qualifying and thus eligible to operate without a license or an exemption. Overall, Commission staff estimates a reduction of one response and 30 hours of burden annually.

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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: 03/13/2019

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