[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 59995-59998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20977]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC16-10-000]


Commission Information Collection Activities (FERC Form 80, FERC-
550, and FERC-549); Comment Request

AGENCY: Federal Energy Regulatory Commission.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory 
Commission (Commission or FERC) is submitting these information 
collections (FERC Form 80 [Licensed Hydropower Development Recreation 
Report], FERC-550 [Oil Pipeline Rates-Tariff Filings], and FERC-549 
[NGPA \1\

[[Page 59996]]

Title III Transactions and NGA \2\ Blanket Certificate Transaction]) to 
the Office of Management and Budget (OMB) for review of the information 
collection 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 previously issued a 
Notice in the Federal Register (81 FR 33499, 5/26/2016) requesting 
public comments. The Commission received no comments regarding any of 
the included information collections and is making this notation in its 
submittal to OMB.
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    \1\ NGPA = Natural Gas Policy Act
    \2\ NGA = Natural Gas Act

DATES: Comments on the collections of information are due by September 
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30, 2016.

ADDRESSES: Comments filed with OMB, identified by the OMB Control Nos. 
1902-0106 (FERC Form 80), 1902-0089 (FERC-550), or 1902-0086 (FERC-549) 
should be sent via email to the Office of Information and Regulatory 
Affairs: [email protected], Attention: Federal Energy Regulatory 
Commission Desk Officer.
    A copy of the comments should also be sent to the Commission, in 
Docket No. IC16-10-000, by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp
     Mail/Hand Delivery/Courier: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in 
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support 
by email at [email protected], or by phone at: (866) 208-3676 
(toll-free), or (202) 502-8659 for TTY.
    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 http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION: Ellen Brown may be reached by email at 
[email protected], by telephone at (202) 502-8663, and by fax at 
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Type of Request: Three-year extension of the information collection 
requirements for all collections described below with no changes to the 
current reporting requirements. Please note that each collection is 
distinct from the next.
    Comments: Comments are invited on: (1) Whether the 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 estimates of the 
burden and cost of the collections of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility and clarity of the information collections; and 
(4) ways to minimize the burden of the collections of information on 
those who are to respond, including the use of automated collection 
techniques or other forms of information technology.

FERC Form 80, Licensed Hydropower Development Recreation Report

    OMB Control No.: 1902-0106.
    Abstract: FERC uses the information on the FERC Form 80 (also known 
as ``FERC-80'') to implement the statutory provisions of sections 4(a), 
10(a), 301(a), 304 and 309 of the Federal Power Act (FPA), 16 U.S.C. 
797, 803, 825c and 825h. FERC's authority to collect this information 
comes from section 10(a) of the FPA which requires the Commission to be 
responsible for ensuring that hydro projects subject to FERC 
jurisdiction are consistent with the comprehensive development of the 
nation's waterway for recreation and other beneficial public uses. In 
the interest of fulfilling these objectives, FERC expects licensees 
subject to its jurisdiction to recognize the resources that are 
affected by their activities and to play a role in protecting such 
resources.
    FERC Form 80 is a report on the use and development of recreational 
facilities at hydropower projects licensed by the Commission. 
Applications for amendments to licenses and/or changes in land rights 
frequently involve changes in resources available for recreation. FERC 
utilizes the FERC Form 80 data when analyzing the adequacy of existing 
public recreational facilities and when processing and reviewing 
proposed amendments to help determine the impact of such changes. In 
addition, FERC staff uses the FERC Form 80 data when conducting 
inspections of licensed projects and in evaluating compliance with 
various license conditions and in identifying recreational facilities 
at hydropower projects.
    The data which FERC Form 80 requires are specified by Title 18 of 
the Code of Federal Regulations (CFR) under 18 CFR 8.11 and 141.14 (and 
are discussed at http://www.ferc.gov/docs-filing/forms.asp#80).
    FERC collects the FERC Form 80 once every six years. The last 
collection was due on April 1, 2015, for data compiled during the 2014 
calendar year. The next collection of the FERC Form 80 is due on April 
1, 2021, with subsequent collections due every sixth year, for data 
compiled during the previous calendar year.
    The Commission updated the format for the general instructions 
section of the form for improved readability. Specifically, FERC split 
a long paragraph into several smaller paragraphs.
    FERC made no changes to the instructions, form, or glossary.
    Type of Respondent: Hydropower project licensees.
    Estimate of Annual Burden: The Commission estimates the annual 
public reporting burden for the information collection as:
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    \3\ The estimates for cost per response are derived using the 
2016 FERC average salary plus benefits of $154,647/year (or $74.50/
hour). Commission staff finds that the work done for this 
information collection is typically done by wage categories similar 
to those at FERC.
    \4\ This figure is rounded from 66.8.
    \5\ This figure is rounded from $223.50.

                         FERC Form 80--Licensed Hydropower Development Recreation Report
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                                                                                   Total annual
                                Annual number   Total number   Average burden &   burden hours &     Cost per
    Number of respondents       of responses    of responses       cost per        total annual     respondent
                               per respondent                    response \3\          cost             ($)
(1)                                      (2)     (1) * (2) =   (4).............  (3) * (4) = (5)      (5) / (1)
                                                         (3)
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400..........................          0.167          \4\ 67   \5\ 3 hrs.; $224  201 hrs.;               $37.44
                                                                                  $14,974.50.
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[[Page 59997]]

FERC-550--Oil Pipelines Rates--Tariff Filings

    OMB Control No.: 1902-0089.
    Abstract: FERC-550 is required to implement the sections of the 
Interstate Commerce Act (ICA) (49 U.S.C. 1, et seq., 49 App. U.S.C. 1-
85). The Commission's regulatory jurisdiction over oil pipelines 
includes:
     Regulation of rates and practices of oil pipeline 
companies engaged in interstate transportation;
     establishment of equal service conditions to provide 
shippers with equal access to pipeline transportation;
     establishment of reasonable rates for transporting 
petroleum and petroleum products by pipeline.
    The filing requirements for oil pipeline tariffs and rates \6\ put 
in place by the FERC-550 data collection provide the Commission with 
the information it needs to analyze proposed tariffs, rates, fares, and 
charges of oil pipelines and other carriers in connection with the 
transportation of crude oil and petroleum products. The Commission uses 
this information to determine whether the proposed tariffs and rates 
are just and reasonable.
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    \6\ 18 CFR parts 341-348.
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    Type of Respondent: Oil Pipelines.
    Estimate of Annual Burden: The Commission estimates the annual 
public reporting burden \7\ and cost for the FERC-550 information 
collection as follows:
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    \7\ The one-time burden imposed by Order 780 (issued May 16, 
2013, in Docket No. RM12-15-000; 78 FR 32090, 5/29/2013) has been 
completed and is not included.
    \8\ The estimates for cost per response are derived using the 
FERC 2016 average salary plus benefits of $154,647/year (or $74.50/
hour). Commission staff finds that the work done for this 
information collection is typically done by wage categories similar 
to those at FERC.

                                                      FERC-550--Oil Pipelines Rates--Tariff Filings
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                                                        Annual number                                              Total annual burden       Cost per
                                          Number of     of responses    Total number    Average burden &  cost     hours & total annual     respondent
                                         respondents   per respondent   of responses       per response \8\                cost                 ($)
                                                 (1)             (2)     (1) * (2) =   (4).....................  (3) * (4) = (5)........      (5) / (1)
                                                                                 (3)
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FERC-550.............................            208            3.68             765   7.815 hrs.; $582.22.....  5,978 hrs.; $445,396...      $2,141.33
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FERC-549--NGPA Title III Transactions and NGA Blanket Certificate 
Transaction

    OMB Control No.: 1902-0086.
    Abstract: FERC-549 is required to implement the statutory 
provisions governed by Sections 311 and 312 of the Natural Gas Policy 
Act (NGPA) (15 U.S.C. 3371-3372) and Section 7 of the Natural Gas Act 
(NGA) (15 U.S.C. 717f). The reporting requirements for implementing 
these provisions are contained in 18 CFR part 284.

Transportation by Interstate Pipelines

    In 18 CFR 284.102(e) the Commission requires interstate pipelines 
to obtain proper certification in order to ship natural gas on behalf 
of intrastate pipelines and local distribution companies (LDC). This 
certification consists of a letter from the intrastate pipeline or LDC 
authorizing the interstate pipeline to ship gas on its behalf. In 
addition, interstate pipelines must obtain from its shippers 
certifications including sufficient information to verify that their 
services qualify under this section.

Rates and Charges for Intrastate Pipelines

    18 CFR 284.123(b) provides that intrastate gas pipeline companies 
file for Commission approval of rates for services performed in the 
interstate transportation of gas. An intrastate gas pipeline company 
may elect to use rates contained in one of its then effective 
transportation rate schedules on file with an appropriate state 
regulatory agency for intrastate service comparable to the interstate 
service or file proposed rates and supporting information showing the 
rates are cost based and are fair and equitable. It is the Commission 
policy that each pipeline must file at least every five years to ensure 
its rates are fair and equitable. Depending on the business process 
used, either 60 or 150 days after the application is filed, the rate is 
deemed to be fair and equitable unless the Commission either extends 
the time for action, institutes a proceeding or issues an order 
providing for rates it deems to be fair and equitable.
    18 CFR 284.123(e) requires that within 30 days of commencement of 
new service any intrastate pipeline engaging in the transportation of 
gas in interstate commerce must file a statement that includes the 
interstate rates and a description of how the pipeline will engage in 
the transportation services, including operating conditions. If an 
intrastate gas pipeline company changes its operations or rates, it 
must amend the statement on file with the Commission. Such amendment is 
to be filed not later than 30 days after commencement of the change in 
operations or change in rate election.

Code of Conduct

    The Commission's regulations at 18 CFR 284.288 and 284.403 provide 
that applicable sellers of natural gas adhere to a code of conduct when 
making gas sales in order to protect the integrity of the market. As 
part of this code, the Commission imposes a record retention 
requirement on applicable sellers to ``retain, for a period of five 
years, all data and information upon which it billed the prices it 
charged for natural gas it sold pursuant to its market based sales 
certificate or the prices it reported for use in price indices.'' FERC 
uses these records to monitor the jurisdictional transportation 
activities and unbundled sales activities of interstate natural gas 
pipelines and blanket marketing certificate holders.
    The record retention period of five years is necessary due to the 
importance of records related to any investigation of possible 
wrongdoing and related to assuring compliance with the codes of conduct 
and the integrity of the market. The requirement is necessary to ensure 
consistency with the rule prohibiting market manipulation (regulations 
adopted in Order No. 670, implementing the EPAct 2005 anti-manipulation 
provisions) and the generally applicable five-year statute of 
limitations where the Commission seeks civil penalties for violations 
of the anti-manipulation rules or other rules, regulations, or orders 
to which the price data may be relevant. Failure to have this 
information available would mean the Commission is unable to perform 
its regulatory functions and to monitor and evaluate transactions and 
operations of

[[Page 59998]]

interstate pipelines and blanket marketing certificate holders.

Market-Based Rates for Storage

    In 2006 the Commission amended its regulations to establish 
criteria for obtaining market-based rates for storage services offered 
under 18 CFR 284.501-505. First, the Commission modified its market-
power analysis to better reflect the competitive alternatives to 
storage. Second, pursuant to the Energy Policy Act of 2005, the 
Commission promulgated rules to implement section 4(f) of the Natural 
Gas Act, to permit underground natural gas storage service providers 
that are unable to show that they lack market power to negotiate 
market-based rates in circumstances where market-based rates are in the 
public interest and necessary to encourage the construction of the 
storage capacity in the area needing storage services, and where 
customers are adequately protected. These revisions are intended to 
facilitate the development of new natural gas storage capacity while 
protecting customers.
    Type of Respondent: Gas pipelines.
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    \9\ 18 CFR 284.102(e).
    \10\ The average hourly cost (salary plus benefits) is $128.94. 
The BLS wage category code is 23-0000 (lawyers). This figure is also 
taken from the Bureau of Labor Statistics, May 2015 figures at 
http://www.bls.gov/oes/current/naics2_22.htm.a
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    Estimate of Annual Burden: The Commission estimates the annual 
public reporting burden for the information collection as:
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    \11\ 18 CFR 284.123(b),(e).
    \12\ The estimates for cost per response are derived using the 
following formula: Average Burden Hours per Response * $101.69 per 
Hour = Average Cost per Response. The hourly average of $101.69 
assumes equal time is spent by an economist and lawyer. The average 
hourly cost (salary plus benefits) is: $74.43 for economists 
(occupation code 19-3011) and $128.94 for lawyers (occupation code 
23-0000). (The figures are taken from the Bureau of Labor 
Statistics, May 2015 figures at http://www.bls.gov/oes/current/naics2_22.htm).
    \13\ A portion of these responses includes recordkeeping burden.
    \14\ 18 CFR 284.288, 403.
    \15\ 18 CFR 284.501-505.

                                      FERC-549--NGPA Title III Transactions and NGA Blanket Certificate Transaction
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                                                        Annual number                                              Total annual burden
                                          Number of     of responses    Total number     Average burden & cost     hours & total annual      Cost per
                                         respondents   per respondent   of responses         per response                  cost           respondent ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                  (3)
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Transportation by Interstate                       75               2             150  3 hrs.\10\; $386.82.....  450 hrs.; $58,023......         $773.64
 Pipelines \9\.
Rates and Charges for Intrastate                   50               1              50  50 hrs.; $5,084.50 \12\.  2,500 hrs.; $254,225...        5,084.50
 Pipelines\11\.
Code of Conduct \13\ \14\............             222               1             222  1 hr.; $128.94 \10\.....  222 hrs.; $28,624.68...          128.94
Market-Based Rates \15\..............               4               1               4  350 hrs.; $45,129 \10\..  1,400 hrs.; $180,516...          45,129
                                      ------------------------------------------------                                                   ---------------
    Total............................  ..............  ..............             426  ........................  4,572 hrs.; $521,388.68  ..............
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    Dated: August 25, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20977 Filed 8-30-16; 8:45 am]
 BILLING CODE 6717-01-P