[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Notices]
[Pages 70726-70727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29059]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC10-511-001 and IC10-515-001]


Commission Information Collection Activities (FERC-511 and FERC-
515); Comment Request; Submitted for OMB Review

November 10, 2010.
AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy 
Regulatory Commission (Commission or FERC) has submitted the 
information collections described below to the Office of Management and 
Budget (OMB) for review of the information collections requirements. 
Any interested person may file comments directly with OMB and should 
address a copy of those comments to the Commission as explained below. 
The Commission issued a Notice in the Federal Register (75FR 157, 08/
16/2010) requesting public comments. FERC received no comments on the 
FERC-511 or the FERC-515 and has made this notation in its submission 
to OMB.

DATES: Comments on the collection of information are due by December 
20, 2010.

ADDRESSES: Address comments on the collection of information to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. 
Comments to OMB should be filed electronically, c/o [email protected] and include OMB Control Numbers 1902-0069 (for 
FERC-511) and 1902-0079 (for FERC-515) as a point of reference. For 
comments that pertain to only one of the collections, specify the 
appropriate collection and OMB Control Number. The Desk Officer may be 
reached by telephone at 202-395-4638.
    A copy of the comments should also be sent to the Federal Energy 
Regulatory Commission and should refer to Docket Nos. IC10-511-001 and 
IC10-515-001. (If comments apply to only one of the collections, 
indicate the corresponding docket and collection number.) Comments may 
be filed either electronically or in paper format. Those persons filing 
electronically do not need to make a paper filing. Documents filed 
electronically via the Internet must be prepared in an acceptable 
filing format and in compliance with the Federal Energy Regulatory 
Commission submission guidelines. Complete filing instructions and 
acceptable filing formats are available at http://www.ferc.gov/help/submission-guide.asp. To file the document electronically, access the 
Commission's Web site and click on Documents & Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp), and then follow the 
instructions for each screen. First time users will have to establish a 
user name and password. The Commission will send an automatic 
acknowledgement to the sender's e-mail address upon receipt of 
comments.
    For paper filings, the comments should be submitted to the Federal 
Energy Regulatory Commission, Secretary of the Commission, 888 First 
Street, NE., Washington, DC 20426, and should refer to the appropriate 
Docket No.
    Users interested in receiving automatic notification of activity in 
FERC Docket Nos. IC10-511 and IC10-515 may do so through eSubscription 
at http://www.ferc.gov/docs-filing/esubscription.asp. All comments may 
be viewed, printed or downloaded remotely via the Internet through 
FERC's homepage using the ``eLibrary'' link. For user assistance, 
contact [email protected] or toll-free at (866) 208-3676, or 
for TTY, contact (202) 502-8659.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail 
at [email protected], by telephone at (202) 502-8663, and by 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 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 Sates, 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 USC 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

[[Page 70727]]

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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                                       Number of       Average number of    Average burden       Total annual
      FERC Data collection            respondents        responses per    hours per response  burden hours (1) x
                                     annually (1)       respondent (2)            (3)              (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\
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FERC-511......................................................                   $2,651                  $60,983
FERC-515......................................................                   $5,303                  $53,028
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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

    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.
    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.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-29059 Filed 11-17-10; 8:45 am]
BILLING CODE 6717-01-P