Modification of Hydropower Procedural Regulations, Including the Deletion of Certain Outdated or Non-Essential Regulations, 33825-33828 [05-11551]
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Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
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suite 450, Atlanta, Georgia 30349; telephone:
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Issued in Kansas City, Missouri, on June 2,
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[FR Doc. 05–11361 Filed 6–9–05; 8:45 am]
BILLING CODE 4910–13–P
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15 CFR part 335 and 340
Docket Number: 001229368-5150-03
RIN: 0625-AA58
Imports of Certain Worsted Wool
Fabric: Implementation of Tariff Rate
Quota Established Under Title V of the
Trade and Development Act of 2000
Department of Commerce,
International Trade Administration.
ACTION: Final rule; withdrawal.
AGENCY:
SUMMARY: The Department of Commerce
(‘‘Commerce’’) is withdrawing its final
rule entitled ‘‘Imports of Certain
Worsted Wool Fabric: Implementation
of Tariff Rate Quota Established Under
Title V of the Trade and Development
Act of 2000’’ published on May 12, 2005
(70 FR 24941). That rule finalized tariff
rate quotas (TRQ) for a limited quantity
of worsted wool fabrics pursuant to
Title V of the Trade and Development
Act of 2000 (‘‘the Act’’) as amended by
the Trade Act of 2002. The rule is being
withdrawn due to an incorrect effective
date.
DATES: The final rule published on May
12, 2005 at 70 FR 24941 is withdrawn
as of June 10, 2005.
FOR FURTHER INFORMATION CONTACT:
Sergio Botero, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-4058.
SUPPLEMENTARY INFORMATION: The
Department of Commerce (‘‘Commerce’’)
is withdrawing its final rule published
on May 12, 2005 at 70 FR 24941. That
rule finalized tariff rate quotas (TRQ) for
a limited quantity of worsted wool
fabrics pursuant to Title V of the Trade
and Development Act of 2000 (‘‘the
Act’’) as amended by the Trade Act of
2002. The rule is being withdrawn
because the effective date of the rule is
incorrect. The effective date for the final
rule was incorrectly established for June
13, 2005.
Commerce currently has open for
comment a related interim final rule
that implements amendments made by
the Miscellaneous Trade Act of 2004 (70
FR 25774). Comments may be submitted
until 5:00 p.m. on July 15, 2005. Please
see the interim final rule for background
information and instructions for
submitting comments.
Classification: It has been determined
that this notice is not significant for
purposes of E.O. 12866.
The Department finds good cause to
waive prior notice and an opportunity
for public comment required by the
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33825
Administrative Procedure Act because it
is unnecessary and contrary to the
public interest. Prior notice and
opportunity for public comment is
unnecessary because this rule will not
have a substantive impact on the
affected industry. The provisions
implemented by the May 12, 2005 rule
are not currently in effect and have not
impacted the regulated industry. The
withdrawal of the May 12, 2005 rule
will, therefore, not substantively change
the requirements currently imposed on
the regulated industry. It would be
contrary to the public interest to allow
for prior notice and an opportunity for
public comment because the published
effective date of the May 12, 2005 rule
conflicts with an interim final rule that
implemented recently enacted statutory
amendments. Consequently, if the May
12, 2005 rule is allowed to go into effect,
it would create confusion in the
industry. Therefore, it is unnecessary
and contrary to the public interest to
provide prior notice and an opportunity
for public comment.
The Department finds that the 30-day
in effectiveness is inapplicable because
this rule is not a substantive rule. The
provisions implemented by the May 12,
2005 rule are not currently in effect and
its withdrawal will not substantively
change the requirements currently
imposed on the regulated industry.
Because notice and opportunity for
comment are not required pursuant to 5
USC 553 or any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 USC 601 et seq.) are
inapplicable. Therefore, a regulatory
flexibility analysis is not required and
has not been prepared.
Dated: June 7, 2005.
Joseph A. Spetrini
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–11595 Filed 6–9–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 4
[Docket No. RM05–18–000; Order No. 655]
Modification of Hydropower
Procedural Regulations, Including the
Deletion of Certain Outdated or NonEssential Regulations
May 27, 2005.
Federal Energy Regulatory
Commission.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
amending its regulations concerning
applications for preliminary permits to
eliminate certain outdated requirements
and reduce unnecessary burdens on
persons subject to the Commission’s
regulations. These modifications are the
result of a review begun by the
Commission’s FERC Information
Assessment Team (FIAT) to identify all
of the Commission’s current information
collections to evaluate their original
purposes and current uses, and to
propose ways to reduce the burden on
industry through the elimination,
reduction, streamlining or reformatting
of current collections. The Commission
is amending its regulations to eliminate
18 CFR 4.81(d)(3) to remove the
requirements for identifying a market
for power and related power system
information in the application for a
preliminary permit. The Commission
expects that these minor modifications
of its regulations will not have a
significant impact on preliminary
permit proceedings. Because these
changes relate only to the Commission’s
procedures and relieve unnecessary
regulatory burdens, notice and comment
on the changes is not required.
EFFECTIVE DATE: July 11, 2005.
FOR FURTHER INFORMATION CONTACT:
William O. Blome (Legal Information),
Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–
8462.
Thomas E. DeWitt (Technical
Information), Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–6070.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Pat Wood, III,
Chairman; Nora Mead Brownell, Joseph T.
Kelliher, and Suedeen G. Kelly.
I. Introduction
1. The Federal Energy Regulatory
Commission (Commission) has
reviewed its hydropower procedural
regulations to determine whether they
contain any outdated requirements or
impose any unnecessary burdens on
persons subject to the Commission’s
jurisdiction. This review was begun by
the FERC Information Assessment Team
(FIAT), which was directed by the
Chairman to assess the Commission’s
information needs. Goal 2 of the tasks
identified by the team to meet this
mission included identifying all of the
Commission’s current information
collections, through forms and filing
requirements, and evaluating their
original purposes and current uses, and
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proposing ways to reduce the reporting
burden on industry through elimination,
reduction, streamlining or reformatting
of current collections.
2. In this final rule, the Commission
is amending its regulations to eliminate
18 CFR 4.81(d) (3), in order to remove
the requirement that the applicant for a
preliminary permit must identify a
market for the power that it proposes to
generate and provide related power
system information at the preliminary
permit stage of a hydropower license
application. At the preliminary permit
stage, the applicant is not required to
develop a proposed project in detail, so
this information is unnecessary.
3. The Commission expects these
regulations will reduce the amount of
information the Commission requires
applicants to file, and that these
modifications will not have a significant
impact on preliminary permit
proceedings. Because these changes
relate only to the Commission’s
procedures and relieve unnecessary
regulatory burdens, notice and comment
on the changes is not required, and the
changes are effective July 11, 2005.
4. The Commission’s regulations
provide a range of alternatives for
development of a hydropower project. A
prospective developer may, inter alia,
apply to the Commission for a
preliminary permit under Section 4(f) of
the Federal Power Act.1 These permits
allow a specified term, no more than
three years, for the prospective
developer to perform investigations and
studies to support a license application
and to determine the economic,
engineering and environmental
feasibility of developing a hydropower
project at a specific site. The permit
preserves the exclusive right to file,
during the specified term, an
application for either a license or an
exemption from licensing for the
proposed project. Thus, the permittee
may conduct needed studies to
determine the feasibility of the project
without fear of someone else filing a
development application for the site. A
preliminary permit is not required to
develop a project; a developer may
choose to file directly for either a
license or an exemption from licensing.
Preliminary permits are not transferable.
II. Discussion
5. The Commission regulates nonFederal hydropower development under
Part I of the Federal Power Act 2 (FPA).
The Commission issues licenses for
terms up to 50 years for ‘‘projects best
adapted to a comprehensive plan’’ for
PO 00000
improving a waterway for beneficial
public purposes. Pursuant to Section
4(f) of the FPA, the Commission is
authorized to issue preliminary permits,
for the purpose of enabling prospective
license applicants to secure the
information necessary to support an
application for license. Preliminary
permits, issued for three years, reserve
the right to file a development
application at a specific site,3 but do not
authorize construction of any
hydropower facilities or other landdisturbing activities.4
6. The purpose of obtaining a
preliminary permit, as noted above, is to
maintain a priority status for an
application for a license while the
prospective applicant conducts site
examinations and surveys to prepare
maps, plans, specifications and
estimates. This period of time also
provides the applicant with the
opportunity to conduct engineering,
economic and environmental feasibility
studies, and to make financial
arrangements for the construction of any
project. During the term of the permit,
the Commission will accept no other
application for a preliminary permit or
application for license or exemption
submitted by another person for the
same site.
7. The Commission is eliminating 18
CFR 4.81(d) (3), thus eliminating the
need for preliminary permit applicants
to identify the market for the power that
they propose to generate and to provide
certain related power system
information. At the time of a
preliminary permit application, the
project proposal is necessarily
incomplete and this information is not
needed to understand the project at this
stage. The Commission is also
incorporating 18 CFR 4.81(d) (1) and (2),
concerning study costs and financing
sources, into 18 CFR 4.81(c), which
requires the applicant to describe
studies conducted or to be conducted in
connection with the preparation of a
development application for the
proposed project. These rules benefit
applicants for preliminary permits by
simplifying and expediting the
preliminary permit process.
III. Information Collection Statement
8. Office of Management and Budget
(OMB) regulations require OMB to
approve certain information collection
requirements imposed by agency rule.5
Comments are solicited on the
Commission’s need for this information,
3 See
FPA Section 5, 16 U.S.C. 798.
e.g., Greenfields Irrigation District, 111
FERC ¶ 62,039 (2005).
5 5 CFR 1320.11.
4 See,
1 16
2 16
U.S.C. 797(f) (2000).
U.S.C. 791a, et seq. (2000).
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Federal Register / Vol. 70, No. 111 / Friday, June 10, 2005 / Rules and Regulations
whether it will have practical utility, the
accuracy of burden estimates, ways to
enhance the quality, utility and clarity
of the information to be collected, and
any suggested methods for minimizing
respondents’ burden, including the use
of automated information techniques.
IV. Estimated Annual Burden
9. The current reporting burden for
this information collection is as follows:
Data collection
Number of
respondents
Number of
hours
Number of
responses
Total annual
hours
FERC–512 .......................................................................................................................
50
73
1
3,650
The Commission estimates that
preliminary permit applications filed
pursuant to the new rule would require
approximately 15 percent less time to
prepare. Using an assumed cost of $52
per hour, the total savings would be
$572 per application or $28,000 saved
for a year in which 50 applications are
prepared and filed.
Title: Application for Preliminary
Permit (FERC–512).
Action: Change to an Existing
Collection.
OMB Control No.: 1902–0073.
Respondents: Businesses or other forprofit and not-for-profit institutions.
Frequency of Responses: On occasion.
Necessity of Information: The
proposed regulations will revise the
reporting requirements for a preliminary
permit application to streamline the
requirements and reduce the burden on
the applicant. The information filed
with the Commission preserves a
priority to file by a prospective
developer of a hydropower project.
These permits allow a specified time for
the developer to conduct investigations
necessary to support a license
application and to determine the
economic, engineering and
environmental feasibility of developing
a hydropower project at a certain site.
The preliminary permit is not required
to develop a project. Therefore, the
developer may file directly for either a
license or an exemption from licensing.
The Commission offers preliminary
permits as part of its efforts to simplify
and expedite the hydropower licensing
process. This final rule will take those
efforts one step further.
Internal Review: The Commission has
reviewed the proposed amendments to
its regulations to remove the
requirement that an applicant for a
preliminary permit must identify a
market for the power that it proposes to
generate and provide related power
system information at the preliminary
permit stage of a hydropower license
application. At the preliminary permit
application stage, it is not necessary for
the applicant to provide information
regarding a market for the project’s
power and related matters. This
amendment to the Commission’s
regulations conforms to the
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Commission’s plan for efficient
information collection, communication,
and management within the
hydropower industry. The Commission
has assured itself, by means of internal
review, that the new rule will reduce
the burden estimates associated with
preliminary permit applications.
10. Interested persons may obtain
information on the information
requirements by contacting the
following: The Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426
[Attention: Michael Miller, Office of the
Executive Director, Phone (202) 502–
8415, fax: (202) 273–0873, e-mail:
michael.miller@ferc.gov.]
11. Please send your comments
concerning the collection of
information(s) and the associated
burden estimate(s) to the contact listed
above and to the Office of Management
and Budget, Office of Information and
Regulatory Affairs, Washington, DC
20503, [Attention: Desk Officer for the
Federal Energy Regulatory Commission,
phone: (202) 395–4650, fax: (202) 395–
7285].
VI. Regulatory Flexibility Act
Certification
13. The Regulatory Flexibility Act of
1980 (RFA) 9 requires a description and
analysis of final rules that will have
significant economic impact on a
substantial number of small entities.10
The Commission is not required to make
such analyses if a rule would not have
such an effect.
14. The Commission has concluded
that the amendments to its regulations
would not have such an impact on small
entities. These regulations are intended
to benefit all entities regardless of size
by reducing the burden of information
collection while preparing an
application for a preliminary permit.
The adoption of these amendments to
the regulations will reduce the amount
of information that must be filed with
the Commission and will be of greater
benefit to small entities who have
limited resources for conducting
investigations and preparing a licensing
application if they so choose. Therefore,
the Commission certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities.
V. Environmental Analysis
VIII. Document Availability
15. 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
FERC’s Home Page (https://www.ferc.gov)
and in FERC’s Public Reference Room
during normal business hours (8:30 a.m.
to 5 p.m. eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
12. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.6 The Commission has
categorically excluded certain actions
from these requirements as not having a
significant effect on the human
environment.7 The action taken here
falls within the categorical exclusions in
the Commission’s regulations for rules
that involve information gathering,
analysis, and dissemination.8 This
proposed rule, if finalized, is procedural
in nature and therefore falls under this
exception. Therefore, an environmental
assessment is unnecessary and one has
not been prepared for this rulemaking.
6 Order No. 486, Regulations Implementing the
National Environmental Policy Act, Order No. 486,
52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.
¶ 30,783 (1987).
7 18 CFR 380.4(a) (2) (ii).
8 18 CFR 380.4(a) (5).
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95
U.S.C. 601–612 (2000).
RFA definition of ‘‘small entity’’ refers to
the definition provided in the Small Business Act,
which defines a ‘‘small business concern’’ as a
business which is independently owned and
operated and which is not dominant in its field of
operation. 15 U.S.C. 632 (2000). The Small Business
Size standards component of the North American
Industry Classification System defines a small
electric utility as one that, including its affiliates,
is primarily engaged in the generation,
transmission, and/or distribution of electric energy
for sale and whose total electric output for the
preceding fiscal years did not exceed four million
megawatthours. 13 CFR 121.201 (Section 22,
Utilities, NAICS) (2004).
10 The
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16. From FERC’s Home Page on the
Internet, this information is available in
the Commission’s document
management system, eLibrary, using the
eLibrary link. The full text of this
document is available on eLibrary in
PDF and Microsoft Word format for
viewing, printing and downloading. To
access this document in eLibrary, type
the docket number of this document,
excluding the last three digits, in the
docket number field.
17. User assistance is available for
eLibrary and the FERC’s Web site during
normal business hours. For assistance,
please contact FERC Online Support at
FERCOnlineSupport@ferc.gov or calling
toll-free at (866) 208–3676. For TTY,
contact (202) 502–8659, or the Public
Reference Room at (202) 502–8371, TTY
(202) 502–8659, (e-mail at
public.referenceroom@ferc.gov).
IX. Effective Date and Congressional
Notification
18. This Final Rule will take effect
July 11, 2005. The Commission has
determined, with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), that this rule is not a major rule
within the meaning of Section 251 of
the Small Business Regulatory
Enforcement Fairness Act of 1996.11
The Commission will submit the Final
Rule to both houses of Congress and to
the General Accountability Office.12
19. The Administrative Procedure Act
(APA) 13 requires rulemakings to be
published in the Federal Register. It
also requires that an opportunity for
comment be provided when the agency
promulgates regulations. However,
notice and comment are not required by
the APA when the agency for good
cause finds that notice and public
comments thereon are impracticable,
unnecessary, or contrary to the public
interest.14 The Commission finds that
notice and comment are unnecessary to
this rulemaking. As explained above, we
are merely clarifying the scope of our
regulations concerning applications for
preliminary permits. This action should
benefit the public by reducing the need
to provide more information than is
necessary for the Commission to
evaluate preliminary permit
applications. This clarification will
result in a reduction of the filing
requirements and will decrease the
reporting burden on persons planning to
develop hydroelectric power projects.
11 See
5 U.S.C. 804(2) (2000).
5 U.S.C. 801(a)(1)(A) (2000).
13 5 U.S.C. 551–559 (2000).
14 5 U.S.C. 553(b)(3)(B) (2000).
12 See
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Accordingly, this rule is effective July
11, 2005.
List of Subjects in 18 CFR Part 4
Hydropower, Reporting and
recordkeeping requirements.
By the Commission.
Linda Mitry,
Deputy Secretary.
In consideration of the foregoing, the
Commission amends part 4, Chapter 1,
Title 18, Code of Federal Regulations, as
follows:
I
PART 4—LICENSES, PERMITS,
EXEMPTIONS, AND DETERMINATIONS
OF PROJECT COSTS
1. The authority citation for part 4
continues to read as follows:
I
Authority: 16 U.S.C. 791a–825r, 2601–
2645; 42 U.S.C. 7101–7352.
§ 4.81
[Amended]
2. In § 4.81,
a. Remove paragraph (d)(3);
b. Paragraphs (d) introductory text,
(d)(1) and (d)(2) are redesignated as
paragraphs (c)(4) introductory text,
(c)(4)(i) and (c)(4)(ii);
I c. In the redesignated paragraph (c)(4)
introductory text, the words ‘‘Exhibit 3’’
are removed and the words ‘‘Exhibit 2’’
are inserted in their place;
I d. Paragraph (e) is redesignated as
paragraph (d);
I e. In redesignated paragraph (d), the
words ‘‘Exhibit 4’’ are removed and the
words ‘‘Exhibit 3’’ are inserted in their
place.
I
I
I
[FR Doc. 05–11551 Filed 6–9–05; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD05–05–052]
RIN 1625–AA08
Special Local Regulation for Marine
Events; Nanticoke River, Sharptown,
MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary special local
regulations during the ‘‘Bo Bowman
Memorial—Sharptown Regatta’’, a
marine event to be held on the waters
of the Nanticoke River near Sharptown,
Maryland. These special local
regulations are necessary to provide for
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the safety of life on navigable waters
during the event. This action is
intended to restrict vessel traffic in the
Nanticoke River during the event.
DATES: This rule is effective from 9:30
a.m. on July 2, to 6:30 p.m. on July 4,
2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–05–052 and are available
for inspection or copying at Commander
(oax), Fifth Coast Guard District, 431
Crawford Street, Portsmouth, Virginia
23704–5004, between 9 a.m. and 2 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Dennis Sens, Project Manager, Auxiliary
and Recreational Boating Safety Branch,
at (757) 398–6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM would be impracticable and
contrary to public interest. The event
will take place on July 2, 3, and 4, 2005.
Immediate action is needed to protect
the safety of life at sea from the danger
posed by high-speed powerboats.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the public interest,
since immediate action is needed to
ensure the safety of the event
participants, spectator craft and other
vessels transiting the event area.
However advance notifications will be
made to affected waterway users via
marine information broadcasts and area
newspapers.
Background and Purpose
On July 2, 3 and 4, 2005, the Carolina
Virginia Racing Association will
sponsor the ‘‘Bo Bowman Memorial—
Sharptown Regatta’’, on the waters of
the Nanticoke River at Sharptown,
Maryland. The event will consist of
approximately 100 hydroplanes and
runabout conducting high-speed
competitive races on the waters of the
Nanticoke River between the Maryland
S.R. 313 Highway Bridge and Nanticoke
River Light 43 (LLN 24175). A fleet of
spectator vessels normally gathers
nearby to view the competition. Due to
the need for vessel control before,
during and after the event, vessel traffic
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]]>Agencies
[Federal Register Volume 70, Number 111 (Friday, June 10, 2005)]
[Rules and Regulations]
[Pages 33825-33828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11551]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 4
[Docket No. RM05-18-000; Order No. 655]
Modification of Hydropower Procedural Regulations, Including the
Deletion of Certain Outdated or Non-Essential Regulations
May 27, 2005.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 33826]]
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its regulations concerning applications for preliminary
permits to eliminate certain outdated requirements and reduce
unnecessary burdens on persons subject to the Commission's regulations.
These modifications are the result of a review begun by the
Commission's FERC Information Assessment Team (FIAT) to identify all of
the Commission's current information collections to evaluate their
original purposes and current uses, and to propose ways to reduce the
burden on industry through the elimination, reduction, streamlining or
reformatting of current collections. The Commission is amending its
regulations to eliminate 18 CFR 4.81(d)(3) to remove the requirements
for identifying a market for power and related power system information
in the application for a preliminary permit. The Commission expects
that these minor modifications of its regulations will not have a
significant impact on preliminary permit proceedings. Because these
changes relate only to the Commission's procedures and relieve
unnecessary regulatory burdens, notice and comment on the changes is
not required.
EFFECTIVE DATE: July 11, 2005.
FOR FURTHER INFORMATION CONTACT:
William O. Blome (Legal Information), Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
8462.
Thomas E. DeWitt (Technical Information), Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
6070.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Pat Wood, III, Chairman; Nora Mead
Brownell, Joseph T. Kelliher, and Suedeen G. Kelly.
I. Introduction
1. The Federal Energy Regulatory Commission (Commission) has
reviewed its hydropower procedural regulations to determine whether
they contain any outdated requirements or impose any unnecessary
burdens on persons subject to the Commission's jurisdiction. This
review was begun by the FERC Information Assessment Team (FIAT), which
was directed by the Chairman to assess the Commission's information
needs. Goal 2 of the tasks identified by the team to meet this mission
included identifying all of the Commission's current information
collections, through forms and filing requirements, and evaluating
their original purposes and current uses, and proposing ways to reduce
the reporting burden on industry through elimination, reduction,
streamlining or reformatting of current collections.
2. In this final rule, the Commission is amending its regulations
to eliminate 18 CFR 4.81(d) (3), in order to remove the requirement
that the applicant for a preliminary permit must identify a market for
the power that it proposes to generate and provide related power system
information at the preliminary permit stage of a hydropower license
application. At the preliminary permit stage, the applicant is not
required to develop a proposed project in detail, so this information
is unnecessary.
3. The Commission expects these regulations will reduce the amount
of information the Commission requires applicants to file, and that
these modifications will not have a significant impact on preliminary
permit proceedings. Because these changes relate only to the
Commission's procedures and relieve unnecessary regulatory burdens,
notice and comment on the changes is not required, and the changes are
effective July 11, 2005.
4. The Commission's regulations provide a range of alternatives for
development of a hydropower project. A prospective developer may, inter
alia, apply to the Commission for a preliminary permit under Section
4(f) of the Federal Power Act.\1\ These permits allow a specified term,
no more than three years, for the prospective developer to perform
investigations and studies to support a license application and to
determine the economic, engineering and environmental feasibility of
developing a hydropower project at a specific site. The permit
preserves the exclusive right to file, during the specified term, an
application for either a license or an exemption from licensing for the
proposed project. Thus, the permittee may conduct needed studies to
determine the feasibility of the project without fear of someone else
filing a development application for the site. A preliminary permit is
not required to develop a project; a developer may choose to file
directly for either a license or an exemption from licensing.
Preliminary permits are not transferable.
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\1\ 16 U.S.C. 797(f) (2000).
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II. Discussion
5. The Commission regulates non-Federal hydropower development
under Part I of the Federal Power Act \2\ (FPA). The Commission issues
licenses for terms up to 50 years for ``projects best adapted to a
comprehensive plan'' for improving a waterway for beneficial public
purposes. Pursuant to Section 4(f) of the FPA, the Commission is
authorized to issue preliminary permits, for the purpose of enabling
prospective license applicants to secure the information necessary to
support an application for license. Preliminary permits, issued for
three years, reserve the right to file a development application at a
specific site,\3\ but do not authorize construction of any hydropower
facilities or other land-disturbing activities.\4\
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\2\ 16 U.S.C. 791a, et seq. (2000).
\3\ See FPA Section 5, 16 U.S.C. 798.
\4\ See, e.g., Greenfields Irrigation District, 111 FERC ]
62,039 (2005).
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6. The purpose of obtaining a preliminary permit, as noted above,
is to maintain a priority status for an application for a license while
the prospective applicant conducts site examinations and surveys to
prepare maps, plans, specifications and estimates. This period of time
also provides the applicant with the opportunity to conduct
engineering, economic and environmental feasibility studies, and to
make financial arrangements for the construction of any project. During
the term of the permit, the Commission will accept no other application
for a preliminary permit or application for license or exemption
submitted by another person for the same site.
7. The Commission is eliminating 18 CFR 4.81(d) (3), thus
eliminating the need for preliminary permit applicants to identify the
market for the power that they propose to generate and to provide
certain related power system information. At the time of a preliminary
permit application, the project proposal is necessarily incomplete and
this information is not needed to understand the project at this stage.
The Commission is also incorporating 18 CFR 4.81(d) (1) and (2),
concerning study costs and financing sources, into 18 CFR 4.81(c),
which requires the applicant to describe studies conducted or to be
conducted in connection with the preparation of a development
application for the proposed project. These rules benefit applicants
for preliminary permits by simplifying and expediting the preliminary
permit process.
III. Information Collection Statement
8. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\5\ Comments are solicited on the Commission's need for this
information,
[[Page 33827]]
whether it will have practical utility, the accuracy of burden
estimates, ways to enhance the quality, utility and clarity of the
information to be collected, and any suggested methods for minimizing
respondents' burden, including the use of automated information
techniques.
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\5\ 5 CFR 1320.11.
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IV. Estimated Annual Burden
9. The current reporting burden for this information collection is
as follows:
----------------------------------------------------------------------------------------------------------------
Number of Number of Number of Total annual
Data collection respondents hours responses hours
----------------------------------------------------------------------------------------------------------------
FERC-512................................................ 50 73 1 3,650
----------------------------------------------------------------------------------------------------------------
The Commission estimates that preliminary permit applications filed
pursuant to the new rule would require approximately 15 percent less
time to prepare. Using an assumed cost of $52 per hour, the total
savings would be $572 per application or $28,000 saved for a year in
which 50 applications are prepared and filed.
Title: Application for Preliminary Permit (FERC-512).
Action: Change to an Existing Collection.
OMB Control No.: 1902-0073.
Respondents: Businesses or other for-profit and not-for-profit
institutions.
Frequency of Responses: On occasion.
Necessity of Information: The proposed regulations will revise the
reporting requirements for a preliminary permit application to
streamline the requirements and reduce the burden on the applicant. The
information filed with the Commission preserves a priority to file by a
prospective developer of a hydropower project. These permits allow a
specified time for the developer to conduct investigations necessary to
support a license application and to determine the economic,
engineering and environmental feasibility of developing a hydropower
project at a certain site. The preliminary permit is not required to
develop a project. Therefore, the developer may file directly for
either a license or an exemption from licensing. The Commission offers
preliminary permits as part of its efforts to simplify and expedite the
hydropower licensing process. This final rule will take those efforts
one step further.
Internal Review: The Commission has reviewed the proposed
amendments to its regulations to remove the requirement that an
applicant for a preliminary permit must identify a market for the power
that it proposes to generate and provide related power system
information at the preliminary permit stage of a hydropower license
application. At the preliminary permit application stage, it is not
necessary for the applicant to provide information regarding a market
for the project's power and related matters. This amendment to the
Commission's regulations conforms to the Commission's plan for
efficient information collection, communication, and management within
the hydropower industry. The Commission has assured itself, by means of
internal review, that the new rule will reduce the burden estimates
associated with preliminary permit applications.
10. Interested persons may obtain information on the information
requirements by contacting the following: The Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 [Attention:
Michael Miller, Office of the Executive Director, Phone (202) 502-8415,
fax: (202) 273-0873, e-mail: michael.miller@ferc.gov.]
11. Please send your comments concerning the collection of
information(s) and the associated burden estimate(s) to the contact
listed above and to the Office of Management and Budget, Office of
Information and Regulatory Affairs, Washington, DC 20503, [Attention:
Desk Officer for the Federal Energy Regulatory Commission, phone: (202)
395-4650, fax: (202) 395-7285].
V. Environmental Analysis
12. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\6\ The
Commission has categorically excluded certain actions from these
requirements as not having a significant effect on the human
environment.\7\ The action taken here falls within the categorical
exclusions in the Commission's regulations for rules that involve
information gathering, analysis, and dissemination.\8\ This proposed
rule, if finalized, is procedural in nature and therefore falls under
this exception. Therefore, an environmental assessment is unnecessary
and one has not been prepared for this rulemaking.
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\6\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, Order No. 486, 52 FR 47897 (Dec. 17,
1987), FERC Stats. & Regs. ] 30,783 (1987).
\7\ 18 CFR 380.4(a) (2) (ii).
\8\ 18 CFR 380.4(a) (5).
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VI. Regulatory Flexibility Act Certification
13. The Regulatory Flexibility Act of 1980 (RFA) \9\ requires a
description and analysis of final rules that will have significant
economic impact on a substantial number of small entities.\10\ The
Commission is not required to make such analyses if a rule would not
have such an effect.
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\9\ 5 U.S.C. 601-612 (2000).
\10\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business which is independently
owned and operated and which is not dominant in its field of
operation. 15 U.S.C. 632 (2000). The Small Business Size standards
component of the North American Industry Classification System
defines a small electric utility as one that, including its
affiliates, is primarily engaged in the generation, transmission,
and/or distribution of electric energy for sale and whose total
electric output for the preceding fiscal years did not exceed four
million megawatthours. 13 CFR 121.201 (Section 22, Utilities, NAICS)
(2004).
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14. The Commission has concluded that the amendments to its
regulations would not have such an impact on small entities. These
regulations are intended to benefit all entities regardless of size by
reducing the burden of information collection while preparing an
application for a preliminary permit. The adoption of these amendments
to the regulations will reduce the amount of information that must be
filed with the Commission and will be of greater benefit to small
entities who have limited resources for conducting investigations and
preparing a licensing application if they so choose. Therefore, the
Commission certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
VIII. Document Availability
15. 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 FERC's Home Page (https://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
[[Page 33828]]
16. From FERC's Home Page on the Internet, this information is
available in the Commission's document management system, eLibrary,
using the eLibrary link. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing and
downloading. To access this document in eLibrary, type the docket
number of this document, excluding the last three digits, in the docket
number field.
17. User assistance is available for eLibrary and the FERC's Web
site during normal business hours. For assistance, please contact FERC
Online Support at FERCOnlineSupport@ferc.gov or calling toll-free at
(866) 208-3676. For TTY, contact (202) 502-8659, or the Public
Reference Room at (202) 502-8371, TTY (202) 502-8659, (e-mail at
public.referenceroom@ferc.gov).
IX. Effective Date and Congressional Notification
18. This Final Rule will take effect July 11, 2005. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB), that this rule is not a major rule within the meaning of Section
251 of the Small Business Regulatory Enforcement Fairness Act of
1996.\11\ The Commission will submit the Final Rule to both houses of
Congress and to the General Accountability Office.\12\
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\11\ See 5 U.S.C. 804(2) (2000).
\12\ See 5 U.S.C. 801(a)(1)(A) (2000).
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19. The Administrative Procedure Act (APA) \13\ requires
rulemakings to be published in the Federal Register. It also requires
that an opportunity for comment be provided when the agency promulgates
regulations. However, notice and comment are not required by the APA
when the agency for good cause finds that notice and public comments
thereon are impracticable, unnecessary, or contrary to the public
interest.\14\ The Commission finds that notice and comment are
unnecessary to this rulemaking. As explained above, we are merely
clarifying the scope of our regulations concerning applications for
preliminary permits. This action should benefit the public by reducing
the need to provide more information than is necessary for the
Commission to evaluate preliminary permit applications. This
clarification will result in a reduction of the filing requirements and
will decrease the reporting burden on persons planning to develop
hydroelectric power projects. Accordingly, this rule is effective July
11, 2005.
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\13\ 5 U.S.C. 551-559 (2000).
\14\ 5 U.S.C. 553(b)(3)(B) (2000).
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List of Subjects in 18 CFR Part 4
Hydropower, Reporting and recordkeeping requirements.
By the Commission.
Linda Mitry,
Deputy Secretary.
0
In consideration of the foregoing, the Commission amends part 4,
Chapter 1, Title 18, Code of Federal Regulations, as follows:
PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATIONS OF
PROJECT COSTS
0
1. The authority citation for part 4 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.
Sec. 4.81 [Amended]
0
2. In Sec. 4.81,
0
a. Remove paragraph (d)(3);
0
b. Paragraphs (d) introductory text, (d)(1) and (d)(2) are redesignated
as paragraphs (c)(4) introductory text, (c)(4)(i) and (c)(4)(ii);
0
c. In the redesignated paragraph (c)(4) introductory text, the words
``Exhibit 3'' are removed and the words ``Exhibit 2'' are inserted in
their place;
0
d. Paragraph (e) is redesignated as paragraph (d);
0
e. In redesignated paragraph (d), the words ``Exhibit 4'' are removed
and the words ``Exhibit 3'' are inserted in their place.
[FR Doc. 05-11551 Filed 6-9-05; 8:45 am]
BILLING CODE 6717-01-P
