[Federal Register Volume 71, Number 85 (Wednesday, May 3, 2006)]
[Notices]
[Pages 26107-26108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6630]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Notice of Proposed Information Collection

AGENCY: Office of the Secretary, Office of Hearings and Appeals.

ACTION: Notice and request for comments.

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SUMMARY: The proposal for the collection of information listed below 
has been submitted to the Office of Management and Budget (OMB) for 
approval under the provisions of the Paperwork Reduction Act (44 U.S.C. 
chapter 35). Copies of the proposed information collection request may 
be obtained by contacting the Clearance Officer at the phone number 
listed below. Comments and suggestions on the requirement should be 
made directly to the Office of Management and Budget. A copy of the 
comments and suggestions should also be sent to the Clearance Officer.

DATES: OMB has up to 60 days to approve or disapprove the information 
collection, but may respond after 30 days. Therefore, public comments 
should be submitted to OMB by June 2, 2006, in order to be assured of 
consideration.

ADDRESSES: Send your written comments to Office of Management and 
Budget, Office of Information and Regulatory Affairs, Attention, 
Department of the Interior Desk Officer, by fax to 202-395-6566, or by 
e-mail to [email protected]. Send a copy of your written 
comments to Sue Ellen Sloca, U.S. Department of the Interior, National 
Business Center, MS 1413 MIB, 1849 C St., NW., Washington, DC 20240, 
phone 202-208-6045, fax 202-219-2374, or electronically to [email protected]. Please mention that your comments concern ``7 CFR Part 
1; 43 CFR Part 45; 50 CFR Part 221; the Alternatives Process in 
Hydropower Licensing,'' OMB control 1094-0001.

FOR FURTHER INFORMATION CONTACT: To request a copy of the information 
collection request (``7 CFR Part 1; 43 CFR Part 45; 50 CFR Part 221; 
the Alternatives Process in Hydropower Licensing,'' OMB control 
1094-0001), and explanatory information and related forms, 
contact Sue Ellen Sloca, U.S. Department of the Interior, National 
Business Center, MS 1413 MIB, 1849 C St., NW., Washington, DC 20240, 
phone 202-208-6045, fax 202-219-2374, or by electronic mail to [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Office of Management and Budget (OMB) regulations at 5 CFR part 
1320, which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-
13), require that interested members of the public and affected 
agencies have an opportunity to comment on information collection and 
recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies 
an information collection activity that the Office of Hearings and 
Appeals has submitted to OMB for extension or re-approval.
    On November 17, 2005, the Departments of Agriculture, Interior, and 
Commerce published regulations at 7 CFR part 1, 43 CFR part 45, and 50 
CFR part 221, to implement section 241 of the Energy Policy Act of 2005 
(EPAct), Public Law 109-58, which the President signed into law on 
August 8, 2005. Section 241 of the EPAct adds a new section 33 to the 
Federal Power Act (FPA) that allows the license applicant or any other 
party to the license proceeding to propose an alternative to a 
condition or prescription that one or more of the Departments develop 
for inclusion in a hydropower license issued by the Federal Energy 
Regulatory Commission (FERC) under the FPA. This provision requires 
that the Departments of Agriculture, Interior and Commerce collect the 
information covered by 1094-0001.
    The Secretary of the Department involved must accept the proposed 
alternative if the Secretary determines, based on substantial evidence 
provided by a party to the license proceeding or otherwise available to 
the Secretary, (a) that the alternative condition provides for the 
adequate protection and utilization of the reservation, or that the 
alternative prescription will be no less protective than the fishway 
initially proposed by the Secretary, and (b) that the alternative will 
either cost significantly less to implement or result in improved 
operation of the project works for electricity production.
    In order to make this determination, the regulations require that 
all of the following information be collected: (1) A description of the 
alternative, in an equivalent level of detail to the bureau's 
preliminary condition or prescription; (2) an explanation of how the 
alternative: (i) If a condition, will provide for the adequate 
protection and utilization of the reservation; or (ii) if a 
prescription, will be no less protective than the fishway prescribed by 
the bureau; (3) an explanation of how the alternative, as compared to 
the preliminary condition or prescription, will: (i) Cost significantly 
less to implement; or (ii) result in improved operation of the project 
works for electricity production; (4) an explanation of how the 
alternative or revised alternative will affect: (i) Energy supply, 
distribution, cost, and use; (ii) flood control; (iii) navigation; (iv) 
water supply; (v) air quality; and (vi) other aspects of environmental 
quality; and (5) specific citations to any scientific studies, 
literature, and other documented information relied on to support the 
proposal.
    This notice of proposed information collection is being published 
by the Office of Hearings and Appeals, Department of the Interior, on 
behalf of all three Departments, and the data provided below covers 
anticipated responses (alternative conditions/prescriptions and 
associated information) for all three Departments.

II. Data

    (1) Title: 7 CFR Part 1; 43 CFR Part 45; 50 CFR Part 221; the 
Alternatives Process in Hydropower Licensing.
    OMB Control Number: 1094-0001.
    Current Expiration Date: May 31, 2006.
    Type of Review: Information Collection Renewal.
    Affected Entities: Business or for-profit entities.
    Estimated annual number of respondents: 30.
    Frequency of response: Once per alternative proposed.
    (2) Annual reporting and recordkeeping burden:
    Total annual reporting per response: 150 hours.
    Total number of estimated responses: 250.
    Total annual reporting: 37,500 hours.
    (3) Description of the need and use of the information: The purpose 
of this information collection is to provide an opportunity for license 
parties to propose an alternative condition or prescription to that 
imposed by the Federal Government in the hydropower licensing process.

III. Request for Comments

    The Departments invite comments on:
    (a) Whether the collection of information is necessary for the 
proper

[[Page 26108]]

performance of the functions of the agencies, including whether the 
information will have practical utility;
    (b) The accuracy of the agencies' estimate of the burden of the 
collection and the validity of the methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other collection techniques or 
other forms of information technology.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, disclose or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; to develop, acquire, install and utilize 
technology and systems for the purpose of collecting, validating and 
verifying information, processing and maintaining information, and 
disclosing and providing information; to train personnel and to be able 
to respond to a collection of information, to search data sources, to 
complete and review the collection of information; and to transmit or 
otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid Office of Management and Budget control number.

    Dated: April 27, 2006.
Robert S. More,
Director, Office of Hearings and Appeals.
[FR Doc. E6-6630 Filed 5-2-06; 8:45 am]
BILLING CODE 4310-79-P