30 Day Notice (Published)

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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
3. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of that individual.
4. To the Equal Employment
Opportunity Commission (EEOC) when
requested in connection with
investigations of alleged or possible
discriminatory practices, examination of
Federal affirmative employment
programs, or other functions of the
Commission as authorized by law or
regulation.
5. To the Federal Labor Relations
Authority or its General Counsel when
requested in connection with
investigations of allegations of unfair
labor practices or matters before the
Federal Service Impasses Panel.
6. To disclose information to another
Federal agency, to a court, or a party in
litigation before a court or in an
administrative proceeding being
conducted by a Federal agency, when
the Government is a party to the judicial
or administrative proceeding. In those
cases where the Government is not a
party to the proceeding, records may be
disclosed if a subpoena has been signed
by a judge.
7. To the Department of Justice (DOJ)
for its use in providing legal advice to
FERC or in representing FERC in a
proceeding before a court, adjudicative
body, or other administrative body,
where the use of such information by
the DOJ is deemed by FERC to be
relevant and necessary to the advice or
proceeding, and such proceeding names
as a party in interest: (a) FERC; (b) any
employee of FERC in his or her official
capacity; (c) any employee of FERC in
his or her individual capacity where
DOJ has agreed to represent the
employee; or (d) the United States,
where FERC determines that litigation is
likely to affect FERC or any of its
components.
8. To non-Federal Personnel, such as
contractors, agents, or other authorized
individuals performing work on a
contract, service, cooperative agreement,
job, or other activity on behalf of FERC
or Federal Government and who have a
need to access the information in the
performance of their duties or activities.
9. To the National Archives and
Records Administration in records
management inspections and its role as
Archivist.
10. To the Merit Systems Protection
Board or the Board’s Office of the
Special Counsel, when relevant
information is requested in connection
with appeals, special studies of the civil
service and other merit systems, review

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of OPM rules and regulations, and
investigations of alleged or possible
prohibited personnel practices.
11. To appropriate Federal, State, or
local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, if the information may be
relevant to a potential violation of civil
or criminal law, rule, regulation, order.
12. To appropriate agencies, entities,
and person(s) that are a party to a
dispute, when FERC determines that
information from this system of records
is reasonably necessary for the recipient
to assist with the resolution of the
dispute; the name, address, telephone
number, email address, and affiliation;
of the agency, entity, and/or person(s)
seeking and/or participating in dispute
resolution services, where appropriate.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Records are maintained in electronic
and paper format. Electronic records are
stored in computerized databases and/or
on computer disc. Paper records and
records on computer disc are stored in
locked file rooms and/or file cabinets. In
addition, all FERC employees and
contractors with authorized access have
undergone a thorough background
investigation. Data access is restricted to
agency personnel or contractors whose
responsibilities require access. Access to
electronic records is controlled by
Personal Identity Verification (PIV)
cards or multi-factor authentication
and/or other network access or security
controls. Role based access is used to
restrict electronic data access and the
organization employs the principle of
least privilege, allowing only authorized
users with access (or processes acting on
behalf of users) necessary to accomplish
assigned tasks in accordance with
organizational missions and business
functions.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

Records are retrieved by the names of
the individual requester, FOIA/PA
tracking number, affiliation (where
applicable), and subject.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

Records are retained in accordance
with the applicable National Archives
and Records Administration schedules,
General Records Schedule (GRS) 4.2:
Information Access and Protection
Records Item 020. Temporary. Destroy
six (6) years after final agency action or
three (3) years after final adjudication by
the courts, whichever is later, but longer
retention is authorized if required for
business use.

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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

See Policies and Practices.
RECORD ACCESS PROCEDURES:

Individuals requesting access to the
contents of records must submit a
request through the Freedom of
Information Act (FOIA) office. The
FOIA website is located at: https://
www.ferc.gov/foia. Requests may be
submitted through the following portal:
https://www.ferc.gov/enforcement-legal/
foia/electronic-foia-privacy-act-requestform. Written requests for access to
records should be directed to: Director,
Office of External Affair, Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426.
CONTESTING RECORD PROCEDURES:

See Record Access Procedures.
NOTIFICATION PROCEDURES:

Generalized notice is provided by the
publication of this notice. For specific
notice, see Records Access Procedure,
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:

During the course of reviewing a
FOIA request, exempt materials from
other systems of records may in turn
become part of the case records. To the
extent that copies of exempt records
from those other systems of records are
entered into this system of records,
FERC hereby claims the same
exemptions for the records from those
other systems that are entered into this
system, as claimed for the original
primary systems of records of which
they are a part. In addition, FOIA lists
the following exemptions, which are
provided in 5 U.S.C 552(b).
HISTORY:

81 FR 61681
Dated: August 2, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023–16974 Filed 8–8–23; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC23–12–000]

Commission Information Collection
Activities (Ferc–521); Comment
Request; Extension
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Notice of information collection
and request for comments.
AGENCY:

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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Notices

In compliance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the
Federal Energy Regulatory Commission
(Commission or FERC) is soliciting
public comment on FERC–521
(Payments for Benefits from Headwater
Improvements).
DATES: Comments on the collection of
information are due September 8, 2023.
ADDRESSES: Send written comments on
FERC–521 to OMB through
www.reginfo.gov/public/do/PRAMain,
Attention: Federal Energy Regulatory
Commission Desk Officer. Please
identify the OMB Control Number
1902–0087 (Payments for Benefits from
Headwater Improvements) in the subject
line. Your comments should be sent
within 30 days of publication of this
notice in the Federal Register.
Please submit copies of your
comments (identified by Docket No.
IC23–12–000 and the form) to the
Commission as noted below. Electronic
filing through https://www.ferc.gov, is
preferred.
• Electronic Filing: Documents must
be filed in acceptable native
applications and print-to-PDF, but not
in scanned or picture format.
• For those unable to file
electronically, comments may be filed
by USPS mail or by hand (including
courier) delivery.
Æ Mail via U.S. Postal Service only,
addressed to: Federal Energy Regulatory
Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
SUMMARY:

Æ Mail via any other service
(including courier delivery): Federal
Energy Regulatory Commission,
Secretary of the Commission, 12225
Wilkins Avenue, Rockville, MD 20852.
Please reference the specific
collection number(s) and/or title(s) in
your comments.
Instructions: OMB submissions must
be formatted and filed in accordance
with submission guidelines at:
www.reginfo.gov/public/do/PRAMain.
Using the search function under the
‘‘Currently Under Review field,’’ select
Federal Energy Regulatory Commission;
click ‘‘submit’’ and select ‘‘comment’’ to
the right of the subject collection. FERC
submissions must be formatted and filed
in accordance with submission
guidelines at: https://www.ferc.gov. For
user assistance contact FERC Online
Support by email at ferconlinesupport@
ferc.gov, or by phone at (866) 208–3676
(toll-free).
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at [email protected] and
telephone at (202) 502–8663.
SUPPLEMENTARY INFORMATION:
Title: FERC–521, Payments for
Benefits from Headwater Improvements.
OMB Control No.: 1902–0087.
Type of Request: Three-year extension
of the FERC–521 information collection

requirements with no changes to the
reporting requirements.
Abstract: The purpose of FERC–521 is
to implement the information collection
regarding ‘‘headwater benefits’’
pursuant to section 10(f) of the Federal
Power Act (FPA).1 As defined at 18 CFR
11.10(a)(2), headwater benefits consist
of the additional electric generation of a
downstream project that results from
regulation of the flow of a river by a
headwater (i.e., upstream) project,
usually by increasing or decreasing the
release of water from a storage reservoir.
The respondents of this information
collection are owners of headwater
projects constructed by the United
States, by licensees, and pre-1920
permittees. 18 CFR 11.16(b). The
Commission requires basic project
information including owner
information, location, and storage
capacity to be filed by the respondents.
Type of Respondents: There are two
types of entities that respond, Federal
and Non-Federal storage and
hydropower project owners. The
Federal entities that typically respond
include the U.S. Army Corps of
Engineers and the U.S. Department of
Interior Bureau of Reclamation. The
Non-Federal entities may consist of any
Municipal or Non-Municipal
hydropower project owner.
Estimate of Annual Burden 2 and
cost 3: The Commission estimates the
total Public Reporting Burden for this
information collection as:

FERC–521: PAYMENTS FOR BENEFITS FROM HEADWATER IMPROVEMENTS
Number of
respondents

Annual
number of
responses per
respondent

Total number
of responses

Average burden & cost
per response

Total annual burden
hours
& total annual cost

Cost per
respondent
($)

(1)

(2)

(1) * (2) = (3)

(4)

(3) * (4) = (5)

(5) ÷ (1)

40 hrs.; $3,640 ............

120 hrs.; $10,920 ........

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Federal and Non-Federal project owners.

3

1

Comments: Comments are invited on:
(1) whether the collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden and cost of the collection
of information, including the validity of
the methodology and assumptions used;
1 16

U.S.C. 803(f).
is defined as the total time, effort, or
financial resources expended by persons to
generate, maintain, retain, or disclose or provide
information to or for a Federal agency. For further
2 Burden

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3

$3,640

(3) ways to enhance the quality, utility
and clarity of the information collection;
and (4) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.

Dated: August 3, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.

explanation of what is included in the information
collection burden, refer to 5 Code of Federal
Regulations 1320.3.
3 The estimates for cost per response are derived
using the 2022 FERC average salary plus benefits of

$188,922/year (or $91.00/hour). Commission staff
finds that the work done for this information
collection is typically done by wage categories
similar to those at FERC.

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