
[Federal Register: August 16, 2010 (Volume 75, Number 157)]
[Notices]               
[Page 49914-49915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au10-54]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC10-511-000 and IC10-515-000]

 
Commission Information Collection Activities (FERC-511 and FERC-
515); Comment Request; Extensions

August 9, 2010.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed information collections and request for 
comments.

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SUMMARY: In compliance with the requirements of section 3506(c)(2)(A) 
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A) (2006), 
(Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission 
or FERC) is soliciting public comment on the proposed information 
collections described below.

DATES: Comments in consideration of the collections of information are 
due October 15, 2010.

ADDRESSES: Comments may be filed either electronically (eFiled) or in 
paper format, and should refer to Docket Nos. IC10-511-000 and IC10-
515-000. (For comments that only pertain to one of the collections, 
specify the appropriate collection and the related docket number.) 
Documents must be prepared in an acceptable filing format and in 
compliance with Commission submission guidelines at http://
www.ferc.gov/help/submission-guide.asp. eFiling instructions are 
available at: http://www.ferc.gov/docs-filing/efiling.asp. First time 
users must follow eRegister instructions at: http://www.ferc.gov/docs-
filing/eregistration.asp, to establish a user name and password before 
eFiling. The Commission will send an automatic acknowledgement to the 
sender's e-mail address upon receipt of eFiled comments. Commenters 
making an eFiling should not make a paper filing. Commenters that are 
not able to file electronically must send an original and two (2) paper 
copies of their comments to: Federal Energy Regulatory Commission, 
Secretary of the Commission, 888 First Street, NE., Washington, DC 
20426.
    Users interested in receiving automatic notification of activity in 
these dockets may do so through eSubscription at http://www.ferc.gov/
docs-filing/esubscription.asp. In addition, all comments and FERC 
issuances may be viewed, printed or downloaded remotely through FERC's 
eLibrary at http://www.ferc.gov/docs-filing/elibrary.asp, by searching 
on Docket Nos. IC10-511 and IC10-515. For user assistance, contact FERC 
Online Support by e-mail at ferconlinesupport@ferc.gov, or by phone at: 
(866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail 
at DataClearance@FERC.gov, telephone at (202) 502-8663, and fax at 
(202) 273-0873.

SUPPLEMENTARY INFORMATION: For the purpose of publishing this notice 
and seeking public comment, FERC requests comments on both FERC-511 
(Application for Transfer of License; OMB Control No. 1902-0069), and 
FERC-515 (Hydropower Licensing: Declaration of Intention; OMB Control 
No. 1902-0079). The associated regulations, reporting requirements, 
burdens, and OMB clearance numbers will continue to remain separate and 
distinct for FERC-511 and FERC-515.
    FERC-511: The information collected under the requirements of FERC-
511 is used by the Commission to implement the statutory provisions of 
sections 4(e) and 8 of the Federal Power Act (FPA) (16 U.S.C. 797(e) 
and 801). Section 4(e) authorizes the Commission to issue licenses for 
the construction, operation and maintenance of reservoirs, powerhouses, 
and transmission lines or other facilities necessary for the 
development and improvement of navigation and for the development, 
transmission, and utilization of power.\1\ Section 8 of the FPA 
provides that the voluntary transfer of any license can only be made 
with the written approval of the Commission. Any successor to the 
licensee may assign the rights of the original licensee but is subject 
to all of the conditions of the license. The information filed with the 
Commission

[[Page 49915]]

is a mandatory requirement contained in the format of a written 
application for transfer of license, executed jointly by the parties of 
the proposed transfer. The transfer of a license may be occasioned by 
the sale or merger of a licensed hydroelectric project. It is used by 
the Commission's staff to determine the qualifications of the proposed 
transferee to hold the license, and to prepare the transfer of the 
license order. Approval by the Commission of transfer of a license is 
contingent upon the transfer of title to the properties under license, 
delivery of all license instruments, and a showing that such transfer 
is in the public interest. The Commission implements these filing 
requirements in the Code of Federal Regulations (CFR) under 18 CFR part 
9.
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    \1\ Refers to facilities across, along, from, or in any of the 
streams or other bodies of water over which Congress has 
jurisdiction under its authority to regulate commerce with foreign 
nations and among the several States, or upon any part of public 
lands and reservations of the United States, or for the purpose of 
utilizing the surplus water or water power from any Government dam.
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    FERC-515: The information collected under the requirements of FERC-
515 is used by the Commission to implement the statutory provisions of 
Part I, Section 23(b) of the Federal Power Act (16 U.S.C. 817). Section 
23(b) authorized the Commission to make a determination as to whether 
it has jurisdiction over a proposed water project \2\ not affecting 
navigable waters \3\ but across, along, over, or in waters over which 
Congress has jurisdiction under its authority to regulate commerce with 
foreign nations and among the several States. Section 23(b) requires 
that any person intending to construct project works on such waters 
must file a declaration of their intention with the Commission. If the 
Commission finds the proposed project will have an impact on interstate 
or foreign commerce, then the person intending to construct the project 
must obtain a Commission license or exemption before starting 
construction.\4\ The information is collected in the form of a written 
application, containing sufficient details to allow the Commission 
staff to research the jurisdictional aspects of the project. This 
research includes examining maps and land ownership records to 
establish whether or not there is Federal jurisdiction over the lands 
and waters affected by the project. A finding of non-jurisdictional by 
the Commission eliminates a substantial paperwork burden for the 
applicant who might otherwise have to file for a license or exemption 
application. The Commission implements these filing requirements under 
18 CFR part 24.
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    \2\ Dams or other project works (see 16 U.S.C. 817).
    \3\ See 16 U.S.C. 796 (8) for the definition of ``Navigable 
Waters''.
    \4\ Upon a finding of non-jurisdictional by the Commission, and 
if no public lands or reservations are affected, permission is 
granted upon compliance with State laws.
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    Action: The Commission is requesting a three-year extension of the 
current expiration dates for FERC-511 and FERC-515, with no changes.
    Burden Statement: Total annual burden hours for these collections 
are estimated as:

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                                                        Average No. of
      FERC data collection        No. of respondents     responses per      Average burden       Total annual
                                       annually           respondent      hours per response     burden hours
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                                                 (1)                 (2)                 (3)         (1)x(2)x(3)
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FERC-511........................                  23                   1                  40                 920
FERC-515........................                  10                   1                  80                 800
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    Total annual costs for these collections are estimated as:

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                                                                    Cost burden per        Total cost burden to
                     FERC data collection                              respondent            respondents \5\
----------------------------------------------------------------------------------------------------------------
FERC-511......................................................                   $2,651                  $60,983
FERC-515......................................................                    5,303                   53,028
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    The reporting burden includes the total time, effort, or financial 
resources expended to generate, maintain, retain, disclose, or provide 
the information including: (1) Reviewing instructions; (2) developing, 
acquiring, installing, and utilizing technology and systems for the 
purposes of collecting, validating, verifying, processing, maintaining, 
disclosing and providing information; (3) adjusting the existing ways 
to comply with any previously applicable instructions and requirements; 
(4) training personnel to respond to a collection of information; (5) 
searching data sources; (6) completing and reviewing the collection of 
information; and (7) transmitting, or otherwise disclosing the 
information.
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    \5\ Estimated number of hours an employee works each year = 
2080, estimated average annual cost per employee = $137,874. Ex: 
$60,983 = (920 hours/2080 hours) * $137,874
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    The estimate of cost for respondents is based upon salaries for 
professional and clerical support, as well as direct and indirect 
overhead costs. Direct costs include all costs directly attributable to 
providing this information, such as administrative costs and the cost 
for information technology. Indirect or overhead costs are costs 
incurred by an organization in support of its mission. These costs 
apply to activities which benefit the whole organization rather than 
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collections of 
information are 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 of the proposed collections of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility and clarity of the information to be collected; 
and (4) ways to minimize the burden of the collections of information 
on those who are to respond, including the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology e.g. permitting 
electronic submission of responses.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-20140 Filed 8-13-10; 8:45 am]
BILLING CODE 6717-01-P

