[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Proposed Rules]
[Pages 23848-23854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11002]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 8 and 141

[Docket No. RM18-14-000]


Elimination of Form 80 and Revision of Regulations on 
Recreational Opportunities and Development at Licensed Hydropower 
Projects

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
proposing to amend regulations to eliminate the Licensed Hydropower 
Development Recreation Report, designated as FERC Form No. 80 (Form 
80). Form 80 solicits information on the use and development of 
recreation facilities at hydropower projects licensed by the Commission 
under the Federal Power Act. In addition, the Commission proposes to 
further revise its regulations related to recreational use and 
development at licensed projects in order to modernize public notice 
practices, clarify recreational signage requirements, and provide 
flexibility to assist licensees' compliance efforts.

DATES: Comments are due July 23, 2018.

ADDRESSES: Comments, identified by docket number, may be filed in the 
following ways:
     Electronic Filing through http://www.ferc.gov. Documents 
created electronically using word processing software should be filed 
in native applications or print-to-PDF format and not in a scanned 
format.
     Mail/Hand Delivery: Those unable to file electronically 
may mail or hand-deliver comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE, 
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Comment 
Procedures section of this document.

FOR FURTHER INFORMATION CONTACT: Jon Cofrancesco (Technical 
Information), Office of Energy Projects, Federal Energy Regulatory 
Commission, 888 First Street NE, Washington, DC 20426, (202) 502-8951, 
[email protected]. Tara DiJohn (Legal Information), Office of 
the General Counsel, Federal Energy Regulatory Commission, 888 First 
Street NE, Washington, DC 20426, (202) 502-8671, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents


 
                                                         Paragraph No.
 
I. Background........................................                  2
II. Proposed Rule....................................                  4
    A. Removal of Section 8.11--Information                            4
     Respecting Use and Development of Public
     Recreational Opportunities......................
        1. Background................................                  4
        2. Proposed Elimination of Form 80...........                  5
        3. Implications for Existing Licenses........                  9
        4. Removal of Section 141.14--Form No. 80,                    13
         Licensed Hydropower Development Recreation
         Report......................................
    B. Amendments of 18 CFR 8.1, and 8.2.............                 14
        1. Section 8.1--Publication of License                        15
         Conditions Relating to Recreation...........
        2. Section 8.2--Posting of Project Lands as                   17
         to Recreation Use and Availability of
         Information.................................
III. Regulatory Requirements.........................                 20
    A. Information Collection Statement..............                 20
    B. Environmental Analysis........................                 36
    C. Regulatory Flexibility Act....................                 37
    D. Comment Procedures............................                 42
    E. Document Availability.........................                 46
 


    1. The Federal Energy Regulatory Commission (Commission) proposes 
to remove section 8.11 of its regulations, eliminating the requirement 
for licensees to file a Licensed Hydropower Development Recreation 
Report, designated as FERC Form No. 80 (Form 80). Form 80 solicits 
information on the use and development of recreation facilities at 
hydropower projects licensed by the Commission under the Federal Power 
Act (FPA). In addition, the Commission proposes to revise sections 8.1 
and 8.2 of its regulations to modernize public notice practices, 
clarify recreational signage requirements, and provide flexibility to 
assist licensees' compliance efforts.

I. Background

    2. Section 10(a)(1) of the FPA requires the Commission to ensure 
that any licensed project is best adapted to a comprehensive plan for 
improving and developing a waterway for a variety of beneficial public 
uses, including recreational use.\1\ Although section 10(a) of the 
Federal Water Power Act of June 10, 1920 \2\ did not refer specifically 
to recreation, in 1935 when the Federal Water Power Act was re-enacted 
as Part I of the Federal Power Act,\3\ the words `including 
recreational purposes' were added to section 10(a) to make clear that 
recreation considerations were to be

[[Page 23849]]

included in comprehensive development of the nation's water resources. 
Pursuant to this obligation, the Commission required licensees to allow 
public access to project lands and waters for recreational use and 
began to include standard conditions in licenses for the provision of 
such recreational facilities. In the 1960s, the Commission developed 
specific policies and practices to ensure that licensees provided 
reasonable recreational opportunities and notice of such opportunities 
to the public. In 1963, the Commission began requiring recreational use 
plans for the full public utilization of project waters and lands for 
recreation,\4\ and in 1965 amended its regulations by adding Part 8, 
entitled ``Recreation Opportunities and Development at Licensed 
Projects,'' in order to require licensees to widely publicize to the 
general public recreational opportunities at individual projects.\5\ 
Order 313, issued on December 27, 1965, amended the Commission's 
general policy regulations (18 CFR part 2) by adding section 2.7 to 
clarify that licensees whose projects include land and water resources 
with outdoor recreational potential have a responsibility for the 
development of those resources in accordance with area needs, to the 
extent that such development is not inconsistent with the primary 
purpose of the project.\6\ In 1966, the Commission further amended Part 
8 of its regulations to require licensees to file Form 80, a report 
that provides an inventory of the use and development of recreational 
facilities at each development contained within a licensed project.\7\
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    \1\ See 16 U.S.C. 803(a)(1) (2012).
    \2\ 41 Stat. 1063.
    \3\ 49 Stat. 838, 16 U.S.C. 791a-825r.
    \4\ Exhibit R, 18 CFR 4.41, Order 260-A, on April 18, 1963, 29 
FPC 777.
    \5\ Publicizing License Conditions Relating to Recreational 
Opportunities at Hydroelectric Projects, Order No. 299, 33 F.P.C. 
1131 (1965) (Order 299). Section 1 of Part 8 requires licensees to 
publicize license conditions related to recreation; section 2 
requires licensees to post, at points of public access, signs 
providing recreation use information and requires licensees to make 
such information available for inspection; and section 3 requires 
licensees to permit use without discrimination. 18 CFR 8.1-8.3.
    \6\ Recreational Development at Licensed Projects, Order No. 
313, 34 F.P.C. 1546, 1548 (1965) (Order 313).
    \7\ Inventory of Recreation Facilities at Licensed Hydroelectric 
Projects, Order No. 330, 36 F.P.C. 1030 (1966) (Order 330). Section 
8.11 requires the filing of information on the use and development 
of public recreation opportunities. 18 CFR 8.11 (2017).
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    3. Over the years, the Commission has continued to revise its 
regulations to reflect the Commission's current public recreation 
policies and practices. Once again, in this Notice of Proposed 
Rulemaking the Commission proposes to modify certain recreation-related 
regulations in order to eliminate unnecessary reporting requirements, 
modernize public notice practices, clarify recreational signage 
requirements, and provide flexibility to assist licensees' compliance 
efforts. The regulations proposed for modification are discussed below.

II. Proposed Rule

A. Removal of Section 8.11--Information Respecting Use and Development 
of Public Recreational Opportunities

1. Background
    4. Section 8.11 requires licensees to file Form 80, a report on the 
use and development of recreational facilities at each development 
contained within a licensed project, on April 1 of every sixth year, 
documenting data compiled during the previous calendar year.\8\ For 
each project development,\9\ the Form 80 requires licensees to report 
the number of visits (i.e., recreation days),\10\ the use capacity of 
each type of public recreation facility, and the total annual cost to 
develop, operate, and maintain the public recreation facilities. In 
order to complete the Form 80, licensees must collect data on 
recreation use, facilities, and capacity for a 12-month period. 
Licensees may request an exemption from the Form 80 requirement if they 
demonstrate that a project development has little or no existing or 
potential recreational use (i.e., less than 100 recreation days per 
year).\11\
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    \8\ Modification of Hydropower Procedural Regulations, Including 
the Deletion of Certain Outdated or Non-Essential Regulations, Order 
No. 540, FERC Stats. & Regs. ] 30,944 (1992). Order 330 originally 
required licensees to file a Form 80 every two years. 36 F.P.C. 
1030, 1031. However, the Commission subsequently amended section 
8.11 to revise the form and reduce the filing frequency. See 
Revision of Licensed Hydropower Development Recreation Report: FERC 
Form No. 80, Order No. 179, FERC Stats. & Regs. ] 30,295 (1981) 
(consolidating, simplifying, and reducing the size of the Form 80 by 
approximately 60 percent); Deletion of a 1987 Filing Requirement for 
FERC Form No. 80, Order No. 419, FERC Stats. & Regs. ] 60,640 (1985) 
(committing to re-evaluate the need for Form 80, and take further 
action if Form 80 is found unnecessary or in need of modification).
    \9\ Most licensed projects have only one project development. 
However, licensees of projects with more than one development must 
file a separate Form 80 report for each development.
    \10\ The Form 80 defines a recreation day as each visit by a 
person to a development for recreational purposes during any portion 
of a 24-hour period.
    \11\ 18 CFR 8.11(c) (2017).
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2. Proposed Elimination of Form 80
    5. In 1965, when use of the Form 80 was first adopted, most 
licensed projects did not have individual recreation plans or specific 
recreation development requirements set out in the license. However, 
today many licensed projects with significant recreation opportunities 
have project-specific license conditions that require licensees to 
prepare and implement a recreation plan, conduct recreation monitoring, 
and/or file periodic updates to an approved recreation plan.\12\ Such 
project-specific license requirements are tailored to the recreation 
opportunities provided by the individual project, allowing licensees 
and Commission staff to better evaluate and address public recreation 
needs over time. Consequently, the information contained in the Form 80 
may be duplicative and of limited use to Commission staff when compared 
to the more detailed and descriptive recreation information submitted 
to the Commission in response to project-specific recreation 
requirements.
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    \12\ In addition, between fiscal years 2016 and 2030, over 500 
projects will begin the relicensing process. During relicensing, the 
Commission's Division of Hydropower Licensing will evaluate the need 
for, and may require, project-specific recreation monitoring in new 
licenses on a case-by-case basis.
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    6. Licensees for projects with limited recreation opportunities are 
also required to file Form 80 reports every six years, unless exempted 
from this requirement. Although these projects may not have approved 
recreation plans or recreation-related monitoring requirements given 
the limited recreation opportunities at such projects, the periodic 
submission of Form 80 reports does not provide an effective means to 
determine whether these projects are meeting public recreation needs. 
Commission staff utilizes other tools to evaluate recreation 
development and use at the licensed projects with minimal recreation 
opportunities, such as periodic project inspections and investigation 
of non-compliance allegations (e.g., any recreation-related inquiries 
or complaints submitted by resource agencies, recreation users, or 
local residents).
    7. Moreover, Commission staff reports limited use of Form 80 data 
and cites concerns about the data's validity and lack of specificity. 
Commission staff generally views the Form 80 as a secondary source, 
using the reported data to confirm existing recreation data or to 
identify additional information to be requested from the licensee. 
Similarly, Commission staff experience indicates that resource agencies 
and outside entities often view Form 80 data as unreliable or 
insufficient to accurately document recreation use and facility 
capacity. Finally, advances in technology since the advent of the Form 
80 (e.g., websites, Google Earth, and the Commission's eLibrary system) 
allow

[[Page 23850]]

interested parties and the general public to more effectively obtain 
information about a project's recreational opportunities and any 
recreation-related license requirements.
    8. For these reasons, the Commission proposes to remove section 
8.11 from its regulations, eliminating the requirement for licensees to 
file the Form 80. This proposed change would result in reduced burden 
for licensees and Commission staff alike. If eliminated, licensees 
would no longer be required to collect and validate Form 80 data and 
Commission staff resources would not be allocated to performing Form 
80-related responsibilities (e.g., responding to licensee inquiries; 
performing database maintenance; addressing non-compliance matters 
related to overdue, incomplete, or inaccurate Form 80 filings; and 
acting on exemption requests).
3. Implications for Existing Licenses
    9. With the removal of section 8.11, existing licensees would no 
longer be required to collect, validate, and submit recreational data 
through Form 80. Nonetheless, the Commission will expect licensees to 
monitor the recreational resources provided by their projects in order 
to fulfill any project-specific license requirements and the general 
obligations set forth in section 2.7 of the Commission's regulations. 
Among other things, section 2.7 requires licensees to develop suitable 
recreation facilities, provide adequate public access, and determine 
public recreation needs.\13\ Implicit in these obligations is the 
expectation that a licensee will ensure that recreation development is 
operated and maintained in a manner that is safe for public use, 
responsive to public recreation needs, and consistent with project 
purposes throughout the license term.
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    \13\ 18 CFR 2.7(a)-(c) (2017).
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    10. The Commission expects that licensees will continue to monitor 
project recreation resources in a manner appropriate for the type, 
size, and quantity of public recreation opportunities provided by the 
project. Projects with moderate to significant public recreation 
opportunities typically require a greater level of monitoring and 
oversight than projects that have little to no recreation 
opportunities. Generally, licensees of projects with significant 
recreational resources must comply with one, or several, project-
specific license articles requiring the licensee to: Develop certain 
recreation facilities, prepare and implement a recreation management 
plan, submit recreation reports, or conduct recreational use 
monitoring. A licensee's continued compliance with such project-
specific conditions would satisfy this general monitoring 
obligation.\14\
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    \14\ If necessary, the Commission may require additional 
recreation development or measures (e.g., recreation use monitoring) 
during the license term. Licenses for major projects (i.e., projects 
with an installed capacity that exceeds 1.5 megawatts) include a 
standard condition (Article 17) that reserves authority for the 
Commission to require a licensee to undertake additional recreation 
development or measures during the license term based on its own 
determination or in response to a request from Federal or State fish 
and wildlife agencies, after opportunity for notice and hearing.
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    11. Licensed projects with little to no recreation, including 
projects that were previously exempted from the Form 80 reporting 
requirement pursuant to section 8.11(c),\15\ are not expected to 
implement any new or additional recreation monitoring efforts, but 
should continue to comply with any project-specific license conditions 
related to public recreation.
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    \15\ 18 CFR 8.11(c) (2017).
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    12. In the case where an existing license contains a condition, or 
a recreation plan contains a provision, that ties a future filing or 
other action to the Form 80 reporting schedule (i.e., April 1, 2021, 
and every six years thereafter), licensees would still be required to 
timely file any recreation-related plan, report, update, or other 
specific information required by an existing license condition.\16\ 
Despite the proposed elimination of the Form 80 reporting requirement, 
licensees would still be required to file the required recreation 
submittal by April 1, 2021, and every six years thereafter, unless 
otherwise specified in the license condition. A licensee may file an 
application to amend any license condition or recreation plan that ties 
the timing of future recreation filings to the Form 80 reporting 
schedule. Such amendment applications would be considered by the 
Commission on a case-by-case basis as a separate project-specific 
proceeding.
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    \16\ For example, certain license articles may require a 
licensee to: (1) File a recreation use monitoring report in 
conjunction with the Form 80 report; (2) file documentation showing 
consultation on recreation use levels in conjunction with the Form 
80 report; (3) conduct recreation use monitoring every six years in 
conjunction with the Form 80 report; (4) file a report that assesses 
whether a recreation plan update is needed every six years in 
conjunction with the Form 80; and/or (5) file a report describing 
whether public recreation needs are being met by the project every 
six years in conjunction with the Form 80.
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4. Removal of Section 141.14--Form No. 80, Licensed Hydropower 
Development Recreation Report
    13. Added to the Commission's regulations alongside the Form 80 
requirement in 1966,\17\ section 141.14 approved licensee use of Form 
80 in the manner prescribed in section 8.11 of our regulations.\18\ 
Concurrently with the proposed removal of section 8.11, the Commission 
proposes to remove section 141.14 of its regulations.
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    \17\ Order 330, 36 F.P.C. 1030.
    \18\ 18 CFR 141.14 (2017).
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B. Amendments of 18 CFR 8.1, and 8.2

    14. In addition to the elimination of section 8.11, the Commission 
proposes to amend sections 8.1 and 8.2 of its regulations to modernize 
public notice practices, clarify recreational signage requirements, and 
provide flexibility to assist licensees' compliance efforts.
1. Section 8.1--Publication of License Conditions Relating to 
Recreation
    15. Section 8.1 directs licensees to publicize information about 
the availability of projects lands and waters for recreational 
purposes, and any recreation-related license conditions.\19\ Section 
8.1 requires licensees, at a minimum, to publish notice in a local 
newspaper once each week for four weeks of any recreation-related 
license conditions that the Commission may designate in an order 
issuing or amending a license.\20\
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    \19\ 18 CFR 8.1 (2017).
    \20\ See id.
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    16. In addition to publishing notice in the local newspaper, the 
Commission proposes to require licensees with project websites to also 
post notice of recreation-related license conditions on its website. 
This requirement would only apply to a licensee that already has an 
existing project website, or decides to develop a project website in 
the future. This proposed change will ensure that the public is 
informed of recreational opportunities and recreation-related license 
conditions regardless of whether members of the public rely on a 
newspaper or the internet as their main source of news and information.
2. Section 8.2--Posting of Project Lands as to Recreation Use and 
Availability of Information
    17. Section 8.2(a) requires the licensee to post at each public 
access point a visible sign that identifies: The project name, project 
owner, project number, directions to project areas available for public 
recreation, permissible times and activities, and other regulations 
regarding recreation use. Section 8.2(a) also requires licensees to 
post visible notice that project recreation facilities are open to all 
members of the public without discrimination. Section 8.2(b) directs 
the licensee to make available for

[[Page 23851]]

inspection at its local offices the Commission-approved recreation plan 
and the entire license order indexed for easy reference to the 
recreation-related license conditions designated for publication in 
accordance with section 8.1 of the Commission's regulations. As the 
Commission explained in Order 299, the rationale behind the types of 
public notice required by sections 8.1 and 8.2 is two-fold: (i) It puts 
prospective purchasers of land in the project vicinity on notice of the 
project's public access and recreation purposes; and (ii) it informs 
the general public of the location and terms of use of the project's 
recreation facilities.\21\
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    \21\ Order 299, 33 F.P.C. 1131.
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    18. The proposed amendments to section 8.2 clarify project signage 
requirements and reflect modern public dissemination methods, such as 
website publication. The Commission proposes to revise section 8.2(a) 
to streamline the information licensees must include on recreation 
signage at each public access point. The proposed revisions would 
require signs to, at a minimum, identify: The project name and number, 
and a statement that the project is licensed by the Commission; the 
licensee name and contact information for obtaining additional project 
recreation information; and permissible times and activities. This 
proposed change reduces the information that must be included on 
recreation signage, providing licensees greater flexibility to design 
signs that effectively communicate the appropriate information needed 
by public to use and enjoy the recreational opportunities afforded by a 
particular project.
    19. In addition, the Commission proposes to revise section 8.2(b) 
to require licensees with project websites to include on their websites 
copies of any approved recreation plan, recreation-related reports 
approved by the Commission, and the entire license instrument. As with 
the proposed revision to section 8.1, this requirement would only apply 
to a licensee that already has an existing project website, or decides 
to develop a project website in the future. This proposed changed would 
allow the public to obtain information about a project's recreation 
requirements by accessing the licensee's website, if applicable, or by 
visiting the licensee's local office in the project vicinity.

III. Regulatory Requirements

A. Information Collection Statement

    20. The Paperwork Reduction Act \22\ requires each federal agency 
to seek and obtain the Office of Management and Budget's (OMB) approval 
before undertaking a collection of information (including reporting, 
record keeping, and public disclosure requirements) directed to ten or 
more persons or contained in a rule of general applicability. OMB 
regulations require approval of certain information collection 
requirements contemplated by proposed rules (including deletion, 
revision, or implementation of new requirements).\23\ Upon approval of 
a collection of information, OMB will assign an OMB control number and 
an expiration date. Respondents subject to the filing requirements of a 
rule will not be penalized for failing to respond to the collection of 
information unless the collection of information displays a valid OMB 
control number.
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    \22\ 44 U.S.C. 3501-3521 (2012).
    \23\ See 5 CFR 1320.11 (2017).
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    21. Public Reporting Burden: In this NOPR, the Commission proposes 
to delete the Form 80 and to update the recreation-related requirements 
of FERC-500 and FERC-505.
    22. This proposed rule would eliminate an existing data collection, 
FERC-80 (OMB Control No. 1902-0106), as well as modify certain 
reporting and recordkeeping requirements included in FERC-500 (OMB 
Control No 1902-0058) \24\ and FERC-505 (OMB Control No. 1902-
0115).\25\
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    \24\ FERC-500 includes the reporting and recordkeeping 
requirements for ``Application for License/Relicense for Projects 
with Capacity Greater Than 5MW.''
    \25\ FERC-505 includes the reporting and recordkeeping 
requirements for ``Small Hydropower Projects and Conduit Facilities 
including License/Relicense, Exemption, and Qualifying Conduit 
Facility Determination.''
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    23. Under the most recent Form 80 reporting cycle,\26\ 346 
licensees prepared and filed 843 Form 80 reports.\27\ Every three 
years, the Commission is required to request from OMB an extension of 
any currently approved information collection. Since the Form 80 is 
only filed every six years, the most recent annual burden and cost 
figures provided to OMB were based on an estimate of 400 respondents. 
To determine the total number of responses per year for OMB submittal 
purposes, we multiplied the number of respondents (400) by the annual 
number of responses per respondent (0.167) to arrive at 67 responses 
per year. The Commission estimated the current public reporting burden 
to be an average of three hours per form, with an associated cost of 
approximately $224 per form. Because the Form 80 is filed every six 
years, the estimated annualized cost to complete each form is $37.44, 
with a total annual cost for all licenses of approximately $14,974.50. 
This estimate includes the time required to review instructions, 
research existing data sources, and complete and review the collection 
of information.
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    \26\ Licensees were required to file Form 80 reports by April 1, 
2015, containing recreational use and development data compiled 
during the 2014 calendar year.
    \27\ For projects with more than one development, the licensee 
is required to submit a Form 80 report for each development.
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    24. This proposed rule, if adopted, would eliminate certain 
information collection and recordkeeping requirements. The proposed 
removal of the Form 80 report would eliminate the estimated annual 
information collection burden (201 hours) and cost ($14,974.50) 
associated with FERC-80 (OMB Control No. 1902-0106).\28\
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    \28\ These figures are annual averages (for Paperwork Reduction 
Act purposes) of the burden and cost for the six-year cycle for the 
Form 80. The most recent OMB approval of the Form 80 was issued 
December 8, 2016.
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    25. In addition, the proposed revisions to sections 8.1 and 8.2, 
associated with the FERC-500 and FERC-505 information collections,\29\ 
are intended to modernize public notice practices, clarify recreational 
signage requirements, and provide flexibility to assist licensees' 
compliance efforts. With regard to modernized public notice practices, 
the proposed revisions would require licensees that have a project 
website to (1) publish notice on its website of license conditions 
related to recreation; and (2) maintain on its website copies of any 
approved recreation plan, recreation-related reports, and the license 
instrument. If a licensee does not have a project website, the website 
publication requirements would not apply. Accordingly, there is a 
slight increase in the reporting requirements and burden for FERC-500 
and FERC-505.
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    \29\ The Commission currently has 477 licenses for projects with 
an installed capacity more than 5 MW (reporting requirements covered 
by FERC-500) and 572 licenses for projects 5 MW or less (reporting 
requirements covered by FERC-505).
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    26. The estimated changes to the burden and cost of the information 
collections affected by this NOPR follow.

[[Page 23852]]



                                           Annual Changes Proposed by the NOPR in Docket No. RM18-14-000 \30\
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                                                Number of
                                   Number of    responses        Total number of         Average burden    Total annual burden
                                  respondents      per              responses          hours and cost per    hours and total     Cost per respondent ($)
                                                respondent                                  response           annual cost
                                          (1)          (2)  (1) x (2) = (3).........  (4)................  (3) x (4) = 5......  (5)/(1)
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FERC-80 (reduction) \31\........          400   \32\ 0.167  67 (rounded)............  3 hrs.; $224         201 hrs.;            $224 (reduction).
                                                                                       (rounded);           $14,974.50
                                                                                       (reduction).         (rounded);
                                                                                                            (reduction).
FERC-500........................     \33\ 429            1  429.....................  0.5 hr.; $26.77      215 hrs.; $11,484    $26.77 (rounded).
                                                                                       (rounded).           (rounded).
FERC-505........................     \34\ 286            1  286.....................  0.5 hr.; $26.77      143 hrs.; $7,656     $26.77 (rounded).
                                                                                       (rounded).           (rounded).
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    27. Titles: FERC Form 80 (Licensed Hydropower Development 
Recreation Report), FERC-500 (Application for License/Relicense for 
Water Projects with More than 5 Megawatt (MW) Capacity), and FERC-505 
(Small Hydropower Projects and Conduit Facilities including License/
Relicense, Exemption, and Qualifying Conduit Facility Determination)
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    \30\ Hourly costs are based on Bureau of Labor Statistics 
figures for May 2017 wages in Sector 22--Utilities (https://www.bls.gov/oes/current/naics2_22.htm) and December 2017 benefits 
(https://www.bls.gov/news.release/pdf/ecec.pdf). For web developers 
(code 15-1134), the estimated average hourly cost (salary plus 
benefits) is $53.53.
    \31\ The figures are annualized figures contained in the current 
OMB inventory for FERC-80. While OMB requires existing information 
collections to be submitted for approval every three years, the 
Commission's hydropower licenses are only required to submit the 
Form 80 every six years. Therefore, the estimated figures for the 
entire six-year Form 80 cycle would be a total of 400 respondents, 
spending an estimated three hours per report, for a total of 1,200 
hours.
    \32\ This figure indicates that a respondent files a Form 80 
once every six years.
    \33\ We assume approximately 90 percent of the 477 for projects 
with an installed capacity of more than 5 MW licenses (i.e., an 
estimated 429 licenses) have project websites.
    \34\ We assume approximately 50 percent of the 572 licenses for 
projects 5 MW or less (i.e., an estimated 286 licenses) have project 
websites.
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    28. Action: Deletion of information collection (FERC-80), and 
revisions to existing collections FERC-500 and FERC-505.
    29. OMB Control Nos.: 1902-0106 (FERC-80), 1902-0058 (FERC-500), 
and 1902-0115 (FERC-505).
    30. Respondents: Hydropower licensees, including municipalities, 
businesses, private citizens, and for-profit and not-for-profit 
institutions.
    31. Frequency of Information: Ongoing.
    32. Necessity of Information: The Commission proposes the changes 
in this NOPR in order to eliminate unnecessary reporting requirements, 
modernize public notice practices, and clarify recreational signage 
requirements.
    33. Internal Review: The Commission has reviewed the proposed 
changes and has determined that such changes are necessary. These 
requirements conform to the Commission's need for efficient information 
collection, communication, and management within the energy industry. 
The Commission has specific, objective support for the burden estimates 
associated with the information collection requirements.
    34. Interested persons may obtain information on the reporting 
requirements by contacting the Federal Energy Regulatory Commission, 
888 First Street NE, Washington, DC 20426 [Attention: Ellen Brown, 
Office of the Executive Director], by email to [email protected], 
by phone (202) 502-8663, or by fax (202) 273-0873.
    35. Comments concerning the collections of information and the 
associated burden estimates may also be sent to: Office of Information 
and Regulatory Affairs, Office of Management and Budget, 725 17th 
Street NW, Washington, DC 20503 [Attention: Desk Officer for the 
Federal Energy Regulatory Commission]. Due to security concerns, 
comments should be sent electronically to the following email address: 
[email protected]. Comments submitted to OMB should refer to 
FERC-80, FERC-500, and FERC-505 and OMB Control Nos. 1902-0106 (FERC-
80), 1902-0058 (FERC-500), and 1902-0115 (FERC-505).

B. Environmental Analysis

    36. The Commission is required to prepare an Environmental 
Assessment or an Environmental Impact Statement for any action that may 
have a significant effect on the human environment.\35\ Excluded from 
this requirement are rules that are clarifying, corrective, or 
procedural, or that do not substantially change the effect of 
legislation or the regulations being amended.\36\ This proposed rule 
would update the Commission's recreation-related regulations by 
clarifying public notice and signage requirements, and eliminating 
unnecessary reporting requirements. Because this rule is clarifying and 
procedural in nature, preparation of an Environmental Assessment or 
Environmental Impact Statement is not required.
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    \35\ Regulations Implementing the National Environmental Policy 
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \36\ 18 CFR 380.4(a)(2)(ii) (2017).
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C. Regulatory Flexibility Act

    37. The Regulatory Flexibility Act of 1980 (RFA) \37\ generally 
requires a description and analysis of proposed rules that will have 
significant economic impact on a substantial number of small entities. 
The RFA mandates consideration of regulatory alternatives that 
accomplish the stated objectives of a proposed rule and minimize any 
significant economic impact on a substantial number of small 
entities.\38\ In lieu of preparing a regulatory flexibility analysis, 
an agency may certify that a proposed rule will not have a significant 
economic impact on a substantial number of small entities.\39\
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    \37\ 5 U.S.C. 601-612 (2012).
    \38\ 5 U.S.C. 603(c) (2012).
    \39\ 5 U.S.C. 605(b) (2012).
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    38. The Small Business Administration's (SBA) Office of Size 
Standards develops the numerical definition of a small business.\40\ 
The SBA size standard for electric utilities (effective January 22, 
2014) is based on the number of employees, including affiliates.\41\ 
Under SBA's current size standards, a hydroelectric power generator 
(NAICS code 221111) \42\ is small if, including its affiliates, it 
employs 500 or fewer people.\43\
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    \40\ 13 CFR 121.101 (2017).
    \41\ SBA Final Rule on ``Small Business Size Standards: 
Utilities,'' 78 FR 77,343 (Dec. 23, 2013).
    \42\ The North American Industry Classification System (NAICS) 
is an industry classification system that Federal statistical 
agencies use to categorize businesses for the purpose of collecting, 
analyzing, and publishing statistical data related to the U.S. 
economy. United States Census Bureau, North American Industry 
Classification System, https://www.census.gov/eos/www/naics/ 
(accessed April 11, 2018).
    \43\ 13 CFR 121.201, Sector 22, Utilities (2017).
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    39. This proposed rule directly affects all hydropower licensees 
that are currently required to file the Form 80. The proposal, if 
adopted, would remove the Form 80 filing requirement, eliminating (for 
small and large entities) the cost of $224 associated with filing the 
Form 80 every six years.

[[Page 23853]]

    40. In addition, the proposed revisions to sections 8.1 and 8.2 of 
the Commission's regulations would directly affect all hydropower 
licensees of projects that offer existing or potential recreational use 
opportunities. The proposed revisions are intended to modernize public 
notice practices, clarify recreational signage requirements, and 
provide flexibility to assist licensees' compliance efforts. We expect 
the clarified signage requirements to benefit licensees by providing 
them more flexibility to design recreation-related signage strategies 
that best fit the needs of their individual projects. To modernize 
public notice practices, the proposed revisions would require licensees 
that have a project website, or develop one in the future, to publish 
and maintain certain recreation-related information on its website. If 
a licensee does not have a project website, the website publication 
requirements would not apply. Therefore, there is a slight increase in 
the information collection reporting requirements and burden for FERC-
500 and FERC-505.\44\ However, we do not anticipate the impact on 
affected entities, regardless of their status as a small or large 
entity, to be significant.
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    \44\ In the Information Collection section, we estimated the 
average burden and cost per respondent to be approximately 30 
minutes and $26.77 per year.
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    41. Accordingly, pursuant to section 605(b) of the RFA, the 
Commission certifies that this proposed rule will not have a 
significant economic impact on a substantial number of small entities.

D. Comment Procedures

    42. The Commission invites interested persons to submit comments on 
the matters and issues proposed in this notice to be adopted, including 
any related matters or alternative proposals that commenters may wish 
to discuss. Comments are due July 23, 2018. Comments must refer to 
Docket No. RM18-14-000, and must include the commenter's name, the 
organization they represent, if applicable, and their address.
    43. The Commission encourages comments to be filed electronically 
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing 
formats. Documents created electronically using word processing 
software should be filed in native applications or print-to-PDF format 
and not in a scanned format. Commenters filing electronically do not 
need to make a paper filing.
    44. Commenters that are not able to file comments electronically 
must send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE, 
Washington, DC 20426.
    45. All comments will be placed in the Commission's public files 
and may be viewed, printed, or downloaded remotely as described in the 
Document Availability section below. Commenters on this proposal are 
not required to serve copies of their comments on other commenters.

E. Document Availability

    46. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and print the contents of this document via the 
internet through the Commission's Home Page (http://www.ferc.gov) and 
in the Commission's Public Reference Room during normal business hours 
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A, 
Washington, DC 20426.
    47. From the Commission's Home Page on the internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and/or downloading. To access this document in eLibrary, type 
the docket number excluding the last three digits of this document in 
the docket number field.
    48. User assistance is available for eLibrary and the Commission's 
website during normal business hours from the Commission's Online 
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at 
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at 
[email protected].

List of Subjects

18 CFR Part 8

    Electric power, Recreation and recreation areas, Reporting and 
recordkeeping requirements.

18 CFR Part 141

    Electric power, Reporting and recordkeeping requirements.

By direction of the Commission.
    Issued: May 17, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Federal Energy Regulatory 
Commission proposes to amend parts 8 and 141, Chapter I, Title 18, Code 
of Federal Regulations, as follows:

PART 8--RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED 
PROJECTS

0
1. The authority citation for part 8 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 42 U.S.C. 
7101-7352.

0
2. Revise Sec.  8.1 to read as follows:


Sec.  8.1   Publication of license conditions relating to recreation.

    Following the issuance or amendment of a license, the licensee 
shall make reasonable efforts to keep the public informed of the 
availability of project lands and waters for recreational purposes, and 
of the license conditions of interest to persons who may be interested 
in the recreational aspects of the project or who may wish to acquire 
lands in its vicinity. Such efforts shall include, but are not limited 
to: The publication of notice in a local newspaper once each week for 4 
weeks, and publication on any project website, of the project's license 
conditions which relate to public access to and the use of the project 
waters and lands for recreational purposes, recreational plans, 
installation of recreation and fish and wildlife facilities, reservoir 
water surface elevations, minimum water releases or rates of change of 
water releases, and such other conditions of general public interest as 
the Commission may designate in the order issuing or amending the 
license.
0
3. Revise Sec.  8.2 to read as follows:


Sec.  8.2   Posting of project lands as to recreational use and 
availability of information.

    (a) Following the issuance or amendment of a license, the licensee 
shall post and maintain at all points of public access required by the 
license (or at such access points as are specifically designated for 
this purpose by the licensee) and at such other points as are 
subsequently prescribed by the Commission on its own motion or upon the 
recommendation of a public recreation agency operating in the project 
vicinity, a conspicuous sign that, at a minimum, identifies: The FERC 
project name and number, and a statement that the project is licensed 
by the Commission; the licensee name and contact information for 
obtaining additional project recreation information; and permissible 
times and activities. In addition, the licensee shall post at such 
locations conspicuous notice that the recreation facilities are open to 
all members of the public without discrimination.
    (b) The licensee shall make available for inspection at its local 
offices in the

[[Page 23854]]

project vicinity, and on any project website, the approved recreation 
plan, any recreation-related reports approved by the Commission, and 
the entire license instrument, properly indexed for easy reference to 
the license conditions designated for publications in Sec.  8.1.


Sec.  8.11   [Removed]

0
4. Remove Sec.  8.11.

PART 141--STATEMENTS AND REPORTS (SCHEDULES)

0
5. The authority citation for part 141 continues to read as follows:

    Authority: 15 U.S.C. 79; 15 U.S.C. 717-717z; 16 U.S.C. 791a-
828c, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352.


Sec.  141.14   [Removed]

0
6. Remove 141.14.
[FR Doc. 2018-11002 Filed 5-22-18; 8:45 am]
 BILLING CODE 6717-01-P