[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Pages 17634-17635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06909]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[212D0102DM DS61100000 DLSN00000.000000 DX61101; OMB Control Number 
1094-0001]


Agency Information Collection Activities; The Alternatives 
Process in Hydropower Licensing

AGENCY: Office of the Secretary, Office of Environmental Policy and 
Compliance, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995), the 
Office of the Secretary, Office of Environmental Policy and Compliance, 
Department of the Interior (we) are proposing to renew an information 
collection.

DATES: Interested persons are invited to submit comments on or before 
June 4, 2021.

ADDRESSES: Send your comments on this information collection request 
(ICR) by mail to Dr. Shawn Alam, Office of Environmental Policy and 
Compliance, U.S. Department of the Interior, MS 2629-MIB, 1849 C Street 
NW, Washington, DC 20240; or by email to [email protected]. Please 
reference OMB Control Number 1094-0001 in the subject line of your 
comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Dr. Shawn Alam by email at 
[email protected], or by telephone at (202) 208-5465.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act and 5 CFR 1320.8(d)(1), all information collections require 
approval. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies to comment on 
new, proposed, revised, and continuing collections of information. This 
helps us assess the impact of our information collection requirements 
and minimize the public's reporting burden. It also helps the public 
understand our information collection requirements and provide the 
requested data in the desired format.
    We are especially interested in public comment addressing the 
following:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
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) How might the agency 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 technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Abstract: The OMB regulations at 5 CFR part 1320, which implement 
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., 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)).
    On November 23, 2016, the Departments of Agriculture, the Interior, 
and Commerce published a final rule on the March 31, 2015 revised 
interim final rule to the interim rule originally published in November 
2005 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 (EP Act), Public Law 109-
58, enacted on August 8, 2005. Section 241 of the EP Act added a new 
section 33 to the Federal Power Act (FPA), 16 U.S.C. 823d, that allowed

[[Page 17635]]

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 required that the Department of Agriculture, the Department 
of the Interior, and the Department of Commerce collect the information 
covered by 1094-0001.
    Under FPA section 33, 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 Department'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 renewal of an existing information 
collection is being published by the Office of Environmental Policy and 
Compliance, 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.
    Title of Collection: 7 CFR part 1; 43 CFR part 45; 50 CFR part 221; 
The Alternatives Process in Hydropower Licensing.
    OMB Control Number: 1094-0001.
    Form Number: None.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Business or for-profit entities.
    Total Estimated Number of Annual Respondents: 5.
    Total Estimated Number of Annual Responses: 5.
    Estimated Completion Time per Response: 500 hours.
    Total Estimated Number of Annual Burden Hours: 2,500 hours.
    Respondent's Obligation: Voluntary.
    Frequency of Collection: Once per alternative proposed.
    Total Estimated Annual Nonhour Burden Cost: None.
    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 OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2021-06909 Filed 4-2-21; 8:45 am]
BILLING CODE 4334-63-P