[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72954-72955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27777]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-21-000]


Notice of Availability of Final Engineering Guidelines for the 
Evaluation of Hydropower Projects: Chapter 16--Part 12D Program

    The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) has prepared a final ``Chapter 16--Part 12D Program'' of 
its Engineering Guidelines for the Evaluation of Hydropower Projects 
(Guidelines). This chapter is one of four new chapters of the 
Guidelines intended to provide additional guidance related to 18 CFR 
part 12, Safety of Water Power Projects and Project Works, Docket No. 
RM20-9-000, Order No 880, issued by the Commission on December 16, 
2021.
    On July 16, 2020, the Commission issued a Notice of Proposed 
Rulemaking (NOPR) to revise its part 12 regulations. On the same day, 
the Commission solicited public review and comment on four new draft 
chapters of its Guidelines. Draft Chapter 16 was part of that issuance.
    The Commission received twelve comment letters in response to draft 
Chapter 16. Most of the comments were submitted by licensees and 
individuals through trade associations, including National Hydropower 
Association, Dam Safety Interest Group of CEATI International, and US 
Society on Dams, as well as the US Army Corps of Engineers. Comments 
were also received from individual licensees, corporations, and 
individuals, including David L. Mathews, McMillen Jacobs Associates, 
City of North Little Rock Electric, Kodiak Electric Association, Alaska 
Electric Light and Power Company, Central Nebraska Public Power and 
Irrigation District, Copper Valley Electric Association, and Upper 
Peninsular Power Company.
    In all, the twelve comment letters consisted of approximately 335 
discrete comments. The comments received were varied. Most comments 
requested clarification of scope, schedule requirements, and other 
details of the Part 12D process and procedures. Commenters asked the 
Commission to:
     Provide additional guidance and clarification regarding 
the Part 12D process, schedule, and review durations;
     Clarify the difference between a Comprehensive Assessment 
waiver and a Part 12D exemption;
     Consider deleting the requirement to submit a Pre-
inspection Preparation Report since this task adds additional burden 
and cost of performing a Part 12D report;
     Provide additional guidance regarding the limitations of 
the Independent Consultant Team and the Licensee to communicate and 
review the draft Part 12D recommendations;
     Provide clarification that limits the Independent 
Consultant team from reviewing their own prior work on the project;
     Provide additional guidance and explanation of the 
Independent Consultant Team qualifications and experience requirements;
     Clarify the role of the Independent Consultant versus the 
role of the Potential Failure Mode Analysis/Risk Analysis facilitator;
     Clarify the potential postponement of the site inspection 
due to submittal of an insufficient Pre-inspection Preparation Report;
     Clarify the review requirements of the Owner's Dam Safety 
Program (ODSP) and how that review differs from an ODSP audit;
     Clarify what is expected of the Independent Consultant 
Team in performing independent calculations as part of the 
Comprehensive Assessment Report;
     Clarify the scope of work for the physical site 
inspection, including spillway gate testing and inspection of 
inaccessible features; and
     Include additional information on the purpose of the 
Comprehensive Assessment Review Meeting or, in the alternative, 
consider deleting this requirement.
    Commission staff has considered all comments in finalizing Chapter 
16 of the Engineering Guidelines. Based on the comments received, 
Chapter 16 has been revised to:
     Provide additional guidance on:
    [cir] The Part 12D process and schedule;
    [cir] the limitations of an individual performing consecutive 
inspections, including Periodic Inspections following Comprehensive 
Assessments;
    [cir] the submittal of information for supporting Independent 
Consultant Team members;
    [cir] the review status of Pre-inspection Preparation Reports;
    [cir] the review requirements of the ODSP;
    [cir] the scope of the physical site inspection;
    [cir] the evaluation of spillway adequacy;
    [cir] the summary of findings for the Comprehensive Assessment 
Report; and
    [cir] the purpose of the Comprehensive Assessment Review Meeting.
     Remove the requirement that the Potential Failure Mode 
Analysis/Risk Analysis facilitator must be from a different 
organization or company than the Independent Consultant Team; and
     Update the appendices, as appropriate.
    All information related to ``Chapter 16--Part 12D Program,'' 
including the draft chapter, all submitted comments, and the final 
chapter, can be found on the FERC website (www.ferc.gov) using the 
eLibrary link. Click on the eLibrary link, click on ``General Search'' 
and enter the docket number, excluding the last three digits in the 
Docket Number field (i.e., AD20-21). Be sure you have selected an 
appropriate date range. The Commission also offers a free service 
called eSubscription which allows you to keep track of all formal 
issuances and submittals in specific dockets. This can reduce the 
amount of time you spend researching proceedings by automatically 
providing you with electronic notification of these filings and direct 
links to the documents. Go to the Commission's website (www.ferc.gov), 
select the FERC Online option from the left-hand column, and click on 
eSubscription. Users must be registered in order to use eSubscription.
    The final version of Chapter 16 is also available on the 
Commission's Division of Dam Safety and Inspections website at: 
Engineering Guidelines for the Evaluation of Hydropower Projects 
[verbar] Federal Energy Regulatory Commission (ferc.gov).

Information Collection Statement

    Chapter 16 includes information collection activities for which the 
Paperwork Reduction Act, 44 U.S.C. 3501-3521, requires approval by the 
Office of Management and Budget (OMB). The Commission has included the 
burden and cost estimates for information collection activities related 
to this chapter in the rulemaking document (Docket No. RM20-9-000, 
Order No. 880). The Commission has

[[Page 72955]]

designated the information collection activities in the rule as FERC-
517. Upon final approval of FERC-517, OMB will assign an OMB Control 
Number and expiration date.
    Send written comments on FERC-517 to the Office of Management and 
Budget (OMB) through www.reginfo.gov/public/do/PRAMain, Attention: 
Federal Energy Regulatory Commission Desk Officer. Please identify the 
OMB control number (1902-TBD) in the subject line. Your comments should 
be sent within 30 days of publication of this notice in the Federal 
Register. OMB submissions must be formatted and filed in accordance 
with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using 
the search function under the ``Currently Under Review field,'' select 
Federal Energy Regulatory Commission; click ``submit'' and select 
``comment'' to the right of the subject collection.
    For assistance with any of the Commission's online systems, please 
contact FERC Online Support at ferc.gov">FercOnlineSupport@ferc.gov or toll free 
at (866) 208-3676, or for TTY, contact (202) 502-8258.

    Dated: December 16, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-27777 Filed 12-22-21; 8:45 am]
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