Information Collection Request Extension Submitted to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act, 49764-49769 [2011-20400]

Download as PDF 49764 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices www.ferc.gov) under the ‘‘e-Filing’’ link. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Dated: August 5, 2011. Kimberly D. Bose, Secretary. BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of FERC Staff Attendance at the Entergy ICT Transmission Planning Summit and Entegry Regional State Committee Meeting The Federal Energy Regulatory Commission hereby gives notice that members of its staff may attend the meetings noted below. Their attendance is part of the Commission’s ongoing outreach efforts. Entergy ICT Transmission Planning Summit August 23, 2011 (8 a.m.–5 p.m.) Entergy Regional State Committee Meeting August 24, 2011 (1–5 p.m.) August 25, 2011 (9 a.m.–12 p.m.) These meetings will be held at the Sheraton New Orleans, 500 Canal Street, New Orleans, LA 70130. The hotel phone number is 888–627–7033. The discussions may address matters at issue in the following proceedings: Docket No. EL01–88 ..... EL07–52 ..... EL08–51 ..... srobinson on DSK4SPTVN1PROD with NOTICES EL08–60 ..... EL09–43 ..... EL09–50 ..... EL09–61 ..... VerDate Mar<15>2010 Entergy Services, Inc. Louisiana Public Service Commission v. Entergy Services, Inc. Louisiana Public Service Commission v. Entergy Services, Inc. Louisiana Public Service Commission v. Entergy Services, Inc. Louisiana Public Service Commission v. Entergy Services, Inc. Ameren Services Co. v. Entergy Services, Inc. Arkansas Public Service Commission v. Entergy Services, Inc. Louisiana Public Service Commission v. Entergy Services, Inc. Louisiana Public Service Commission v. Entergy Services, Inc. 15:59 Aug 10, 2011 EL10–55 ..... EL10–65 ..... EL11–34 ..... [FR Doc. 2011–20428 Filed 8–10–11; 8:45 am] OA07–32 .... EL00–66 ..... Docket No. Jkt 223001 ER05–1065 ER07–682 .. ER07–956 .. ER08–1056 ER09–833 .. ER09–1224 ER10–794 .. ER10–1350 ER10–1676 ER10–2001 ER10–2161 ER10–2748 ER10–3357 ER11–2131 ER11–2132 ER11–2133 ER11–2134 ER11–2135 ER11–2136 ER11–2161 ER11–3156 ER11–3157 ER11–3274 ER11–3728 ER11–3657 ER11–3658 Louisiana Public Service Commission v. Entergy Services, Inc. Louisiana Public Service Commission v. Entergy Services, Inc. Midwest Independent System Transmission Operator, Inc. Entergy Services, Inc. Entergy Services, Inc. Entergy Services, Inc. Entergy Services, Inc. Entergy Services, Inc. Entergy Services, Inc. Entergy Services, Inc. Entergy Services, Inc. Entergy Services, Inc. Entergy Arkansas, Inc. Entergy Texas, Inc. Entergy Services, Inc. Entergy Arkansas, Inc. Entergy Arkansas, Inc. Entergy Gulf States, Louisiana, LLC Entergy Gulf States, Louisiana, LLC Entergy Mississippi, Inc. Entergy New Orleans, Inc. Entergy Texas, Inc. Entergy Texas, Inc. Entergy Arkansas, Inc. Entergy Arkansas, Inc. Entergy Arkansas, Inc. Midwest Independent Transmission System Operator, Inc. Entergy Arkansas, Inc. Entergy Arkansas, Inc. These meetings are open to the public. For more information, contact Patrick Clarey, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (317) 249–5937 or patrick.clarey@ferc.gov. Dated: August 5, 2011. Kimberly D. Bose, Secretary. [FR Doc. 2011–20425 Filed 8–10–11; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7742–007] Steve Mason Enterprises, Inc., Green Energy Trans, LLC; Notice of Transfer of Exemption 1. Pursuant to section 4.106(i) of the Commission’s regulations,1 Steve Mason Enterprises, Inc., exemptee for the Long 1 18 PO 00000 CFR 4.106(i) (2011). Frm 00040 Fmt 4703 Sfmt 4703 Shoals Project No. 7742,2 informed the Commission that it transferred ownership of its exempted project property and facilities for Project No. 7742 to Green Energy Trans, LLC.3 The project is located on the South Fork Catawba River in Lincoln County, North Carolina. The transfer of an exemption does not require Commission approval.4 2. Green Energy Trans, LLC, located at 227 Pilch Road, Troutman, North Carolina, is now the exemptee of the Long Shoals Project No. 7742. Dated: August 5, 2011. Kimberly D. Bose, Secretary. [FR Doc. 2011–20432 Filed 8–10–11; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Western Area Power Administration Information Collection Request Extension Submitted to the Office of Management and Budget (OMB) for Approval Under the Paperwork Reduction Act Western Area Power Administration, U.S. Department of Energy. ACTION: Notice of Extension under the Paperwork Reduction Act Submitted to OMB for Approval; Request for Comments. AGENCY: This notice announces that Western Area Power Administration (Western), an agency within the Department of Energy (DOE), has submitted an extension to an existing Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review, comment and approval as required under the Paperwork Reduction Act of 1995.1 The ICR Western seeks to extend its Applicant Profile Data form (APD). The ICR described below identifies the proposal, including the anticipated public burdens. On April 6, 2011, Western published a notice in the Federal Register inviting public comments on the extension of its existing ICR.2 That notice provided a 60-day comment period. Western included a summary of the comments and responses below. Western now SUMMARY: 2 The Commission issued an exemption from licensing for Project No. 7742 on July 19, 1984. Long Shoals Hydro, Inc., 28 FERC ¶ 62,067 (1984). 3 See filing of May 26, 2011 from Steve Mason Enterprises, Inc. 4 E.g., John C. Jones, 99 FERC ¶ 61,372, at 62,580 n.2 (2002). 1 See 44 U.S.C. 3501, et seq. 2 See 76 FR 19067 (2011). E:\FR\FM\11AUN1.SGM 11AUN1 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices srobinson on DSK4SPTVN1PROD with NOTICES invites interested entities to submit comments to OMB. Western is collecting and will continue to collect the data under its APD to properly perform its function of marketing a limited amount of Federal hydropower. Western will use the collected data to evaluate who will receive an allocation of Federal power. Western notes the Paperwork Reduction Act and associated Federal Register notice is a process whereby Western obtains approval from OMB to collect information from the public. It is a legal requirement Western must comply with before requesting potential preference customers to submit an application for power. The Paperwork Reduction Act is not the process where interested parties request an allocation of Federal power. The allocation of power from Western is outside the scope of this process and is completed in a separate process by each Western region, when required. DATES: To ensure consideration, comments regarding this collection must be received on or before September 12, 2011. The Paperwork Reduction Act requires OMB to make a decision on the extension of the ICR within 60 days after this publication or receipt of the proposed collection of information, whichever is later. ADDRESSES: Written comments should be sent to: The DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503. With a copy to Western at: PRAcomments@wapa.gov or Western Area Power Administration, Ronald Klinefelter, 12155 W. Alameda Parkway, Lakewood, CO 80228. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the APD and instructions should be directed to Western Area Power Administration, Ronald Klinefelter, (720) 962–7010. SUPPLEMENTARY INFORMATION: I. Statutory Authority Reclamation Laws rose from the Desert Land Act of 1872 and include, but are not limited to: the Desert Land Act of 1872, Reclamation Act of 1902, Reclamation Project Act of 1939, and the Acts authorizing each individual project such as the Central Valley Project Authorizing Act of 1937.3 The Reclamation Act of 1902 established the 3 See Ch. 107, 19 Stat. 377 (1872), Ch. 1093, 32 Stat. 388 (1902), Ch, 418, 53 Stat. 1187 (1939), Ch. 832, 50 Stat. 844, 850 (1937), all as amended and supplemented. VerDate Mar<15>2010 15:59 Aug 10, 2011 Jkt 223001 Federal reclamation program.4 The basic principle of the Reclamation Act of 1902 was the United States, through the Secretary of the Interior, would build and operate irrigation works from the proceeds of public land sales in the 16 arid Western states (a 17th was added later). The Reclamation Project Act of 1939 expanded the purposes of the reclamation program and specified certain terms for the Interior’s water and power contracts.5 Congress enacted the Reclamation Laws to enhance navigation and flood protection, reclaim arid lands in the western United States, and protect fish and wildlife.6 Congress, generally, intended the production of power to be a supplemental feature of the multi-purpose water projects authorized under the Reclamation Laws.7 No contract entered into by the United States for power may impair the irrigation purposes.8 Section 5 of the Flood Control Act of 1944 is read in pari materia with Reclamation Laws.9 In 1977, the Department of Energy Organization Act transferred the power marketing functions from the Department of the Interior to Western.10 Pursuant to this authority, Western markets Federal hydropower. As part of Western’s marketing authority, Western needs to obtain information from interested entities who desire an allocation of Federal power. The Paperwork Reduction Act requires Western to obtain a clearance from OMB before collecting certain information.11 II. Background Western is a Federal agency under DOE that markets and transmits wholesale electric power from 56 Federal hydropower plants and one coal-fired plant. Western sells about 40 percent of regional hydroelectric generation in a service area that covers 1.3 million square miles in 15 states.12 To deliver this electric power to the western half of the United States, Western markets and transmits about 10,000 megawatts of hydropower across 4 See Ch. 1093, 32 Stat. 388 (1902), as amended and supplemented. 5 See Ch. 418, 53 Stat. 1187 (1939), as amended and supplemented. 6 See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and supplemented. 7 See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and supplemented. 8 43 U.S.C. 485h(c). 9 See Ch. 665, 58 Stat. 887 (1944), as amended and supplemented. 10 See 42 U.S.C. 7152(a)(1)(E). 11 See 44 U.S.C. 3501, et seq. 12 Western markets power under marketing plans developed through its offices: the Rocky Mountain Region, Upper Great Plains Region, Rocky Mountain Region, Sierra Nevada Region and the Colorado River Storage Project Management Center (Regions). PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 49765 an integrated 17,000-circuit mile, high voltage transmission system. Western’s statutorily defined preference customers include municipalities, cooperatives, public utility and irrigation districts, Federal and State agencies, and Native American Tribes.13 These customers, in turn, provide retail electric service to millions of consumers in Arizona, California, Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming. As part of its marketing mission, Western needs to continue to collect information contained in the APD from entities that may be interested in obtaining a power allocation from Western. Western is submitting this extension with the accompanying ICR to OMB with this notice.14 Western has analyzed and responded to all comments received through this process. As required by the Paperwork Reduction Act, Western is now publishing a notice of its submittal to OMB and providing a second opportunity to comment.15 Such comments should be sent directly to OMB with a copy to Western at the addresses listed above. III. Process A. Background On April 6, 2011, in compliance with the Paperwork Reduction Act, Western published a notice in the Federal Register inviting comments on extending Western’s APD.16 As part of that notice, in particular, Western invited comments on: (1) Whether the proposed continued collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency’s estimate of burden, 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) ways to minimize the burden of the collection of information on respondents, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Western provided notice that the proposed APD will not be part of a system of records covered by the 13 See, e.g., 43 U.S.C. 485h(c). 44 U.S.C. 3507. 15 See 44 U.S.C. 3506. 16 See 76 FR 19067 (2011). 14 See E:\FR\FM\11AUN1.SGM 11AUN1 49766 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices srobinson on DSK4SPTVN1PROD with NOTICES Privacy Act 17 and will be available under the Freedom of Information Act.18 In April 2011, Western published a copy of the Federal Register notice and an invitation for comments on its Web site.19 Western sent a notice to over 850 potentially interested entities and customer groups, informing them of the publication of the Federal Register notice and invitational comments. This notice took the form of an e-mail from Western’s Regional Offices located in California, Arizona, Montana, Colorado and Utah. The notices were sent to stakeholders in Western’s service territory, which includes, but is not limited to, California, Nevada, Arizona, Utah, New Mexico, Colorado, Wyoming, Montana, Texas, North Dakota and South Dakota. Western received one comment letter. Western’s responses to the comments are below. B. Response to Comments Comment: The comment supports the continued use of the APD and sees no reason its use should not be extended beyond September 30, 2011. Response: Western agrees the APD should be extended. Comment: The comment raised a concern about the Federal Register notice. In particular, while the commenter understands that in drafting Federal Register notices brevity sometimes begets generalities, the commenter requested that in future Federal Register notices Western be more descriptive and provide a more accurate representation of Reclamation Law rather than general statements. Response: Western appreciates the commenter’s point that individual projects have unique attributes defined by specific legislation. Reclamation Laws are not a single act, but rather are comprised of numerous acts for multiple projects. The Department of the Interior has a publication that spans five volumes and two supplements annotating Reclamation Laws.20 Within the confines of a Federal Register notice for the Paperwork Reduction Act, it would be impractical to delve into the nuances of provisions contained in multiple acts for multiple projects located within Western’s service region. As stated in the 60-day Federal Register notice, Reclamation Laws are a series of laws arising from the Desert Land Act of 1872 and include but are not limited to: the Desert Land Act of 1872, 17 See 5 U.S.C. 552(a). 5 U.S.C. 552. Western reserves the right to redact information to protect confidential or sensitive information, as provided under FOIA. 19 See 76 FR 19067 (2011). 20 See Federal Reclamation and Related Laws Annotated, (1972), as supplemented (2001). 18 See VerDate Mar<15>2010 15:59 Aug 10, 2011 Jkt 223001 Reclamation Act of 1902, Reclamation Project Act of 1939, and the acts authorizing each individual project, such as the Central Valley Project (CVP) Reauthorizing Act of 1937.21 Each project also may be comprised of additional components. Given the APD spans all of Western’s regions and its multiple projects, Western’s Federal Register notice was necessarily of wide applicability. Furthermore, for a Paperwork Reduction Act process, given the sheer volume of Reclamation Laws, it is impractical to identify the statutory authority for each and every project and each and every project component. Western has included and will continue to include phrases such as ‘‘including,’’ ‘‘but not limited to,’’ and ‘‘for instance’’ in future Federal Register notices that have general applicability to the multiple projects throughout Western’s regions. Comment: The comment also mentioned concerns regarding the potential impact general statutory references in this proceeding could have on pending legislation related to the remarketing of the Boulder Canyon Project in the United States Congress. Response: As mentioned in the response above, Western believes use of general statutory references is necessary in this Federal Register notice given the broad applicability of the APD. The Boulder Canyon Project remarketing effort is outside the scope of this process and any concerns about the impact of general statutory references of this Federal Register’s process should be addressed in that proceeding. IV. Purpose of Proposed Collection The APD is necessary for the proper performance of Western’s functions. Western markets a limited amount of Federal power. Western has discretion to determine who will receive an allocation. Due to the high demand for Western’s power and limited amount of available power, Western needs to be able to collect information to evaluate who will receive an allocation. As a result, the information Western collects is both necessary and useful. This public process only determines what type of information Western will collect in the APD from an entity applying for a Federal power allocation. The information Western proposes to collect is voluntary. Western will use the information collected in the APD (and has used the information collected under the current OMB-approved 21 See Ch. 107, 19 stat. 377 (1872), Ch. 1093, 32 Stat. 388 (1902), Ch, 418, 53 Stat. 1187 (1939), ch. 832, 50 Stat. 844, 850 (1937), all as amended and supplemented. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 control number), in conjunction with its marketing plan, to determine an entity’s eligibility and, ultimately, who will receive an allocation of Federal power. Western will issue a Call for Applications as part of its marketing plan, which will occur through a separate process. The actual allocation of power is outside the scope of this proceeding. V. Information Western Proposes To Continue To Collect A. Applicant Profile Data (APD) Western has submitted to OMB the request to extend Western’s APD. As part of this process, Western has identified what it believes is the minimum amount of information Western needs for its regional offices to properly perform the functions of the agency. Due to the variations that may develop in each region, the region, through its marketing plan, may determine that it does not need all of the information contained in the APD. As a result, Western proposes to allow each region to use subsets of the form, where one region’s APD may request less information than another region’s APD. Rather than over collect unnecessary information, Western seeks to collect only the minimal amount of information it needs. Western evaluated the possibility of using the same APD form but instructing applicants to fill out only certain sections. This approach could lead to an applicant ignoring or misunderstanding Western’s instructions and providing unnecessary information. Using a subset of information will lead to a more consistent process and will minimize the time an applicant uses to complete the APD. To receive an allocation of Federal power from Western, the applicant must provide the information requested in the APD. If the requested information is not applicable or is not available, the applicant will note it on the APD. Western will request, in writing, additional information from any applicant whose application is deficient. Western will notify the applicant when the application is due. In the event an applicant fails to provide sufficient information to allow Western to make a determination regarding eligibility by the due date, the application will not be considered. B. Form of APD A copy of the APD is available on Western’s Web site at http:// www.wapa.gov. E:\FR\FM\11AUN1.SGM 11AUN1 49767 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices VI. Paperwork Reduction Requirements A. Introduction 1. OMB Number: Western’s existing OMB Number is 1910–5136. This number is displayed on the front page of the APD. It expires on September 30, 2011. 2. Title: Applicant Profile Data. 3. Type of Review: Western is seeking to extend its APD for 3 years. 4. Purpose: The APD is necessary for the proper performance of Western’s functions. Western markets a limited amount of Federal power. Western has discretion to determine who will receive an allocation. Due to the high demand for Western’s power and limited amount of available power under established marketing plans, Western needs to be able to collect information to evaluate who will receive an allocation. As a result, the information Western collects is both necessary and useful. This public process only determines the information Western will collect in its application. The actual allocation of Federal power will be done through a separate process and is outside the scope of this proceeding. 5. Respondent: The response is voluntary. However, if an entity seeks an allocation of Federal power, the applicant must submit an APD. Western has identified the following class of respondents as the most likely to apply: municipalities, cooperatives, public utilities, irrigation districts, Native American Tribes, and Federal and State agencies. The respondents will be located in Arizona, California, Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming. 6. Estimated Number of Respondents. Depending on the amount of power that becomes available for allocation, Western anticipates it could receive approximately 100 requests for power during the 3-year period when the OMB Clearance Number is in effect. Western does not anticipate annual responses. The responses will be periodic and occur when Western has power available under an allocation process. 7. Number of Burden Hours: a. Initial Application: Western anticipates that it will take less than 8 hours to complete the APD. Once the respondent completes the APD, it will submit the APD to Western for Western’s review. After submitting the APD, provided the APD is complete and no clarification is required, Western does not anticipate requiring any further information for the APD from the applicant, unless the applicant is successful in obtaining a power allocation. The applicant submits only one APD. It does not submit an APD every year. If the applicant receives a power allocation, the applicant will need to complete a standard contract to receive its power allocation. Western’s standard contract terms are outside the scope of this process. b. Recordkeeping: There is no mandatory recordkeeping requirement on the applicant if it does not receive an allocation of Federal power. In such case, any recordkeeping of the APD by a respondent is voluntary. For those entities that receive a Federal power allocation, Western requires the successful applicant keep the information for 3 years after the applicant signs its Federal power contract. The 3-year, record retention policy will allow Western sufficient time to administer the contract and to ensure the applicant provided factual information in its application. A 3-year record retention policy will have little impact on most businesses in the electric utility industry. Western anticipates that it would take less than 1 hour per successful candidate, per year, for recordkeeping purposes. Western anticipates that in a 3-year period, Western will have approximately 30 successful applicants. c. Methodology: Based on the total number of burden hours and the total number of applications described above, Western expects that over a 3-year period, the total burden hours to complete the APD is 800 hours (100 applicants over 3 years × 8 hours per applicant). This converts to an annual hourly burden of 266.667 hours. An entity will only complete the APD once. It is not required each year. Based on the above, Western anticipates that there will be additional cost burdens for recordkeeping of 1 hour per year for each who receives a Federal power allocation. Western anticipates that over the course of 3 years there will be 30 successful applicants. The power may be allocated in year 1, year 2 or year 3. For the purposes of determining the cost burden, Western will presume all 30 applicants received an allocation in year 1. As a result, the annual hourly burden for recordkeeping is 30 hours. For the purposes of this cost burden analysis, Western is assuming that a utility staff specialist will complete the APD. Western estimates a utility staff specialist rate, including administrative overhead, to be approximately $108/ hour. For recordkeeping, Western estimates an administrative support rate of $54/hour. Based on the above, Western estimates the total annual cost as (266.667 hour/year × $108/hour) + (30 hour/year × $54/hour) = $30,420.00 per year. Using the above estimates, on a per applicant basis, assuming the applicant receives a Federal power allocation, the total cost for the applicant over a 3-year period is $1026. The cost to complete the APD is a onetime cost of $864. In addition to the onetime cost, the applicant, if it successfully receives a power allocation, will incur an additional expense of 1 hour for recordkeeping per year × $54 per hour for a total recordkeeping cost of $162 for 3 years. d. Summary of Burdens: TABLE 1—ANNUAL HOUR BURDEN ESTIMATES Number of respondents Activity Number of responses per respondent Average burden hour per response Sub-total burden hours srobinson on DSK4SPTVN1PROD with NOTICES APD ................................................................................................................ Recordkeeping ............................................................................................... 33.333 30 1 1 8 1 266.67 30.00 Total Burden ........................................................................................... .......................... ........................ ........................ 296.67 VerDate Mar<15>2010 15:59 Aug 10, 2011 Jkt 223001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1 49768 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices TABLE 2—ANNUAL COST BURDEN ESTIMATE Number of respondents Instrument Number of responses per respondent Average annual burden hour Cost per burden hour Cost per response Sub-total cost Prepare APD .......................................... Recordkeeping ....................................... 33.333 30 1 1 8 1 $108 54 $864.00 54.00 $28,800 1,620.00 Total Cost ....................................... .......................... ........................ ........................ ........................ ........................ 30,420 The procedure and process for the allocation of power shall be the subject matter of a separate notice and is outside the scope of this process. B. Does the collection of data avoid unnecessary duplication? To avoid unnecessary duplication, only entities that desire a new Western allocation are required to submit an APD. As it relates to each of the components of the APD, there is no duplication. Section 1 is information Western needs to determine who the applicant is, whether the applicant is a statutorily-defined preference entity, and whether the applicant is ready, willing, and able to receive and/or distribute Federal power. Section 2 identifies the amount of Federal power that the applicant requests. Section 3 identifies the applicant’s loads. Section 4 identifies the applicant’s resources. Section 5 identifies the applicant’s transmission delivery arrangements necessary to receive Federal power. Section 6 is voluntary and provides the applicant with the ability to provide any additional information. Section 7 is an attestation that the information provided is true and accurate to the best of the applicant’s knowledge. srobinson on DSK4SPTVN1PROD with NOTICES C. Does the collection reduce the burden on the respondent, including small entities, to the extent practicable and appropriate? The information requested is the minimum amount of information to determine whether the applicant qualifies as a statutorily-defined preference entity and is ready, willing, and able to receive an allocation of Federal power. D. Does the collection use plain, coherent, and unambiguous language that is understandable to the respondent? The collection uses plain, coherent, and unambiguous language that is understandable to the target audience. The terms are those used in the electric utility industry. Western does not market power to individual members of the public such as homeowners or shopkeepers. Preference entities are VerDate Mar<15>2010 15:59 Aug 10, 2011 Jkt 223001 statutorily-designated potential customers who generally are involved in the power business. As a result, the language used in the application is understandable to the target audience. E. Is the collection consistent with and compatible with the respondent’s current reporting and recordkeeping practices to the maximum extent practicable? The information collection is voluntary. Western will use the information to determine whether an applicant qualifies as a preference entity to receive an allocation of Federal power. As discussed above, there is no mandatory recordkeeping requirement on the applicant if it does not receive an allocation of Federal power. For those entities that receive a Federal power allocation, Western requires that they keep the information for 3 years after Western grants the power allocation and the applicant signs a Federal power contract. The proposed 3-year record retention policy for such applicants would allow Western sufficient time to administer the contract and to ensure the applicant provided factual information in its application. Western anticipates that a 3-year record retention policy will have little impact on most businesses in the power industry who will keep the APD as part of their normal business records. The procedure and process for the allocation of power shall be the subject matter of a separate notice and is outside the scope of this process. F. Does the collection indicate the retention period for any recordkeeping requirements for the respondent? The APD identifies that there is no recordkeeping requirement for the respondent if it does not receive an allocation of Federal power. It also identifies that applicants who receive an allocation of Federal power must retain the records for 3 years. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 G. Does the collection inform the public of the information the public needs to exercise scrutiny concerning the agency need to collect information (the reasons the information is collected, the way it is used, an estimate of the burden, whether the response is voluntary, required to obtain a benefit, or mandatory and a statement that no person is required to respond unless a valid OMB control number is displayed)? If an entity desires a Federal power allocation from Western, Western needs certain information to determine whether the entity is eligible to receive power. Western has a limited amount of power available. Western uses its discretion in allocating power. In order to use its discretion in allocating power, Western will use the information collected on the application. Western will not accept incomplete applications. Western will work with Native American Tribes and other entities that may need assistance in completing the application. No person is required to submit any information unless a valid OMB control number is displayed. No person is required to submit any information unless they desire a Federal power allocation. H. Is the collection developed by an office that has planned and allocated resources for the efficient and effective management and use of the information collected? Western’s power marketing offices will administer and evaluate the applications. Use and management of the collected information has been factored into each office’s functions and resource requirements. Historically, Western has requested the same relative information from applicants and effectively used Western resources to utilize and manage the information in its determinations. Each power marketing office will make a recommendation to Western’s Administrator on which applicant(s) should be awarded a Federal power allocation based on the information contained in the APD. Western’s Administrator shall use his discretion in the final power allocations. The E:\FR\FM\11AUN1.SGM 11AUN1 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices procedure and process for the allocation of power shall be the subject matter of a separate notice and is outside the scope of this process. I. Does the collection use effective and efficient statistical survey methods? Since the information collected is used to determine whether an applicant receives an allocation of Federal power, this section is inapplicable. J. Does the collection use information technology to the maximum extent practicable to reduce the burden and to improve data quality, agency efficiency, and responsiveness to the public? The APD will be accessible for downloading via Western’s Web site. Western will accept electronic-mail submission of the APD, as well as submission via fax or regular mail. At this time, applicants cannot enter the information on Western’s Web site; however, Western is in the process of developing an online form. VII. Invitation for Comments Western invites public comment on its request to extend its APD that Western submitted to OMB pursuant to the Paperwork Reduction Act of 1995. The Paperwork Reduction Act requires OMB to make a decision on the ICR within 60 days after this publication or receipt of the proposed collection of information, whichever is later.22 Comments should be sent directly to the addresses listed in the ADDRESSES section above. Issued in Lakewood, CO on August 4, 2011. Timothy J. Meeks, Administrator. [FR Doc. 2011–20400 Filed 8–10–11; 8:45 am] BILLING CODE 6450–01–P FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request Board of Governors of the Federal Reserve System. SUMMARY: Background. On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act (PRA), as per 5 CFR 1320.16, to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board under conditions set forth srobinson on DSK4SPTVN1PROD with NOTICES AGENCY: 22 See 5 CFR 1320.10(b). VerDate Mar<15>2010 15:59 Aug 10, 2011 Jkt 223001 in 5 CFR 1320 Appendix A.1. Boardapproved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instruments are placed into OMB’s public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. Request for Comment on Information Collection Proposal The following information collection, which is being handled under this delegated authority, has received initial Board approval and is hereby published for comment. At the end of the comment period, the proposed information collection, along with an analysis of comments and recommendations received, will be submitted to the Board for final approval under OMB delegated authority. Comments are invited on the following: a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve’s functions; including whether the information has practical utility; b. The accuracy of the Federal Reserve’s estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; c. Ways to enhance the quality, utility, and clarity of the information to be collected; and d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Comments must be submitted on or before October 11, 2011. ADDRESSES: You may submit comments, identified by FR Y–10, FR Y–10E, FR Y–6, and FR Y–7, by any of the following methods: • Agency Web Site: http:// www.federalreserve.gov. Follow the instructions for submitting comments at http://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: regs.comments@federalreserve.gov. Include docket number in the subject line of the message. • Fax: 202/452–3819 or 202/452– 3102. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 49769 • Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. All public comments are available from the Board’s Web site at http:// www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room MP–500 of the Board’s Martin Building (20th and C Streets, NW.) between 9 a.m. and 5 p.m. on weekdays. Additionally, commenters should send a copy of their comments to the OMB Desk Officer by mail to the Office of Information and Regulatory Affairs, U.S. Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street, NW., Washington, DC 20503 or by fax to 202– 395–6974. FOR FURTHER INFORMATION CONTACT: A copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB’s public docket files, once approved. These documents will also be made available on the Federal Reserve Board’s public Web site at: http:// www.federalreserve.gov/boarddocs/ reportforms/review.cfm or may be requested from the agency clearance officer, whose name appears below. Cynthia Ayouch, Acting Federal Reserve Board Clearance Officer (202– 452–3829), Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551. Telecommunications Device for the Deaf (TDD) users may contact (202–263–4869), Board of Governors of the Federal Reserve System, Washington, DC 20551. Proposal to approve under OMB delegated authority the extension for three years, with revision of the following reports: Report title: Report of Changes in Organizational Structure, Annual Report of Bank Holding Companies, and Annual Report of Foreign Banking Organizations. Agency form number: FR Y–10, FR Y–6, and FR Y–7. OMB control number: 7100–0297. Frequency: FR Y–10: Event-generated; FR Y–6 and FR Y–7: Annual. Reporters: Bank holding companies (BHCs), foreign banking organizations (FBOs), state member banks, Edge and agreement corporations, and nationally E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Pages 49764-49769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20400]


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DEPARTMENT OF ENERGY

Western Area Power Administration


Information Collection Request Extension Submitted to the Office 
of Management and Budget (OMB) for Approval Under the Paperwork 
Reduction Act

AGENCY: Western Area Power Administration, U.S. Department of Energy.

ACTION: Notice of Extension under the Paperwork Reduction Act Submitted 
to OMB for Approval; Request for Comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces that Western Area Power Administration 
(Western), an agency within the Department of Energy (DOE), has 
submitted an extension to an existing Information Collection Request 
(ICR) to the Office of Management and Budget (OMB) for review, comment 
and approval as required under the Paperwork Reduction Act of 1995.\1\ 
The ICR Western seeks to extend its Applicant Profile Data form (APD). 
The ICR described below identifies the proposal, including the 
anticipated public burdens. On April 6, 2011, Western published a 
notice in the Federal Register inviting public comments on the 
extension of its existing ICR.\2\ That notice provided a 60-day comment 
period. Western included a summary of the comments and responses below. 
Western now

[[Page 49765]]

invites interested entities to submit comments to OMB.
---------------------------------------------------------------------------

    \1\ See 44 U.S.C. 3501, et seq.
    \2\ See 76 FR 19067 (2011).
---------------------------------------------------------------------------

    Western is collecting and will continue to collect the data under 
its APD to properly perform its function of marketing a limited amount 
of Federal hydropower. Western will use the collected data to evaluate 
who will receive an allocation of Federal power.
    Western notes the Paperwork Reduction Act and associated Federal 
Register notice is a process whereby Western obtains approval from OMB 
to collect information from the public. It is a legal requirement 
Western must comply with before requesting potential preference 
customers to submit an application for power. The Paperwork Reduction 
Act is not the process where interested parties request an allocation 
of Federal power. The allocation of power from Western is outside the 
scope of this process and is completed in a separate process by each 
Western region, when required.

DATES: To ensure consideration, comments regarding this collection must 
be received on or before September 12, 2011. The Paperwork Reduction 
Act requires OMB to make a decision on the extension of the ICR within 
60 days after this publication or receipt of the proposed collection of 
information, whichever is later.

ADDRESSES: Written comments should be sent to: The DOE Desk Officer, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Room 10102, 735 17th Street, 
NW., Washington, DC 20503.
    With a copy to Western at: PRAcomments@wapa.gov or Western Area 
Power Administration, Ronald Klinefelter, 12155 W. Alameda Parkway, 
Lakewood, CO 80228.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the APD and instructions should be directed to Western Area 
Power Administration, Ronald Klinefelter, (720) 962-7010.

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority

    Reclamation Laws rose from the Desert Land Act of 1872 and include, 
but are not limited to: the Desert Land Act of 1872, Reclamation Act of 
1902, Reclamation Project Act of 1939, and the Acts authorizing each 
individual project such as the Central Valley Project Authorizing Act 
of 1937.\3\ The Reclamation Act of 1902 established the Federal 
reclamation program.\4\ The basic principle of the Reclamation Act of 
1902 was the United States, through the Secretary of the Interior, 
would build and operate irrigation works from the proceeds of public 
land sales in the 16 arid Western states (a 17th was added later). The 
Reclamation Project Act of 1939 expanded the purposes of the 
reclamation program and specified certain terms for the Interior's 
water and power contracts.\5\ Congress enacted the Reclamation Laws to 
enhance navigation and flood protection, reclaim arid lands in the 
western United States, and protect fish and wildlife.\6\ Congress, 
generally, intended the production of power to be a supplemental 
feature of the multi-purpose water projects authorized under the 
Reclamation Laws.\7\ No contract entered into by the United States for 
power may impair the irrigation purposes.\8\ Section 5 of the Flood 
Control Act of 1944 is read in pari materia with Reclamation Laws.\9\ 
In 1977, the Department of Energy Organization Act transferred the 
power marketing functions from the Department of the Interior to 
Western.\10\ Pursuant to this authority, Western markets Federal 
hydropower. As part of Western's marketing authority, Western needs to 
obtain information from interested entities who desire an allocation of 
Federal power. The Paperwork Reduction Act requires Western to obtain a 
clearance from OMB before collecting certain information.\11\
---------------------------------------------------------------------------

    \3\ See Ch. 107, 19 Stat. 377 (1872), Ch. 1093, 32 Stat. 388 
(1902), Ch, 418, 53 Stat. 1187 (1939), Ch. 832, 50 Stat. 844, 850 
(1937), all as amended and supplemented.
    \4\ See Ch. 1093, 32 Stat. 388 (1902), as amended and 
supplemented.
    \5\ See Ch. 418, 53 Stat. 1187 (1939), as amended and 
supplemented.
    \6\ See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and 
supplemented.
    \7\ See, e.g., Ch. 832, 50 Stat. 844, 850 (1937), as amended and 
supplemented.
    \8\ 43 U.S.C. 485h(c).
    \9\ See Ch. 665, 58 Stat. 887 (1944), as amended and 
supplemented.
    \10\ See 42 U.S.C. 7152(a)(1)(E).
    \11\ See 44 U.S.C. 3501, et seq.
---------------------------------------------------------------------------

II. Background

    Western is a Federal agency under DOE that markets and transmits 
wholesale electric power from 56 Federal hydropower plants and one 
coal-fired plant. Western sells about 40 percent of regional 
hydroelectric generation in a service area that covers 1.3 million 
square miles in 15 states.\12\ To deliver this electric power to the 
western half of the United States, Western markets and transmits about 
10,000 megawatts of hydropower across an integrated 17,000-circuit 
mile, high voltage transmission system. Western's statutorily defined 
preference customers include municipalities, cooperatives, public 
utility and irrigation districts, Federal and State agencies, and 
Native American Tribes.\13\ These customers, in turn, provide retail 
electric service to millions of consumers in Arizona, California, 
Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New 
Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming.
---------------------------------------------------------------------------

    \12\ Western markets power under marketing plans developed 
through its offices: the Rocky Mountain Region, Upper Great Plains 
Region, Rocky Mountain Region, Sierra Nevada Region and the Colorado 
River Storage Project Management Center (Regions).
    \13\ See, e.g., 43 U.S.C. 485h(c).
---------------------------------------------------------------------------

    As part of its marketing mission, Western needs to continue to 
collect information contained in the APD from entities that may be 
interested in obtaining a power allocation from Western. Western is 
submitting this extension with the accompanying ICR to OMB with this 
notice.\14\ Western has analyzed and responded to all comments received 
through this process. As required by the Paperwork Reduction Act, 
Western is now publishing a notice of its submittal to OMB and 
providing a second opportunity to comment.\15\ Such comments should be 
sent directly to OMB with a copy to Western at the addresses listed 
above.
---------------------------------------------------------------------------

    \14\ See 44 U.S.C. 3507.
    \15\ See 44 U.S.C. 3506.
---------------------------------------------------------------------------

III. Process

A. Background

    On April 6, 2011, in compliance with the Paperwork Reduction Act, 
Western published a notice in the Federal Register inviting comments on 
extending Western's APD.\16\ As part of that notice, in particular, 
Western invited comments on: (1) Whether the proposed continued 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (2) the accuracy of the agency's estimate of 
burden, 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) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology. Western 
provided notice that the proposed APD will not be part of a system of 
records covered by the

[[Page 49766]]

Privacy Act \17\ and will be available under the Freedom of Information 
Act.\18\
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    \16\ See 76 FR 19067 (2011).
    \17\ See 5 U.S.C. 552(a).
    \18\ See 5 U.S.C. 552. Western reserves the right to redact 
information to protect confidential or sensitive information, as 
provided under FOIA.
---------------------------------------------------------------------------

    In April 2011, Western published a copy of the Federal Register 
notice and an invitation for comments on its Web site.\19\ Western sent 
a notice to over 850 potentially interested entities and customer 
groups, informing them of the publication of the Federal Register 
notice and invitational comments. This notice took the form of an e-
mail from Western's Regional Offices located in California, Arizona, 
Montana, Colorado and Utah. The notices were sent to stakeholders in 
Western's service territory, which includes, but is not limited to, 
California, Nevada, Arizona, Utah, New Mexico, Colorado, Wyoming, 
Montana, Texas, North Dakota and South Dakota. Western received one 
comment letter. Western's responses to the comments are below.
---------------------------------------------------------------------------

    \19\ See 76 FR 19067 (2011).
---------------------------------------------------------------------------

B. Response to Comments

    Comment: The comment supports the continued use of the APD and sees 
no reason its use should not be extended beyond September 30, 2011.
    Response: Western agrees the APD should be extended.
    Comment: The comment raised a concern about the Federal Register 
notice. In particular, while the commenter understands that in drafting 
Federal Register notices brevity sometimes begets generalities, the 
commenter requested that in future Federal Register notices Western be 
more descriptive and provide a more accurate representation of 
Reclamation Law rather than general statements.
    Response: Western appreciates the commenter's point that individual 
projects have unique attributes defined by specific legislation. 
Reclamation Laws are not a single act, but rather are comprised of 
numerous acts for multiple projects. The Department of the Interior has 
a publication that spans five volumes and two supplements annotating 
Reclamation Laws.\20\ Within the confines of a Federal Register notice 
for the Paperwork Reduction Act, it would be impractical to delve into 
the nuances of provisions contained in multiple acts for multiple 
projects located within Western's service region. As stated in the 60-
day Federal Register notice, Reclamation Laws are a series of laws 
arising from the Desert Land Act of 1872 and include but are not 
limited to: the Desert Land Act of 1872, Reclamation Act of 1902, 
Reclamation Project Act of 1939, and the acts authorizing each 
individual project, such as the Central Valley Project (CVP) 
Reauthorizing Act of 1937.\21\ Each project also may be comprised of 
additional components. Given the APD spans all of Western's regions and 
its multiple projects, Western's Federal Register notice was 
necessarily of wide applicability. Furthermore, for a Paperwork 
Reduction Act process, given the sheer volume of Reclamation Laws, it 
is impractical to identify the statutory authority for each and every 
project and each and every project component. Western has included and 
will continue to include phrases such as ``including,'' ``but not 
limited to,'' and ``for instance'' in future Federal Register notices 
that have general applicability to the multiple projects throughout 
Western's regions.
---------------------------------------------------------------------------

    \20\ See Federal Reclamation and Related Laws Annotated, (1972), 
as supplemented (2001).
    \21\ See Ch. 107, 19 stat. 377 (1872), Ch. 1093, 32 Stat. 388 
(1902), Ch, 418, 53 Stat. 1187 (1939), ch. 832, 50 Stat. 844, 850 
(1937), all as amended and supplemented.
---------------------------------------------------------------------------

    Comment: The comment also mentioned concerns regarding the 
potential impact general statutory references in this proceeding could 
have on pending legislation related to the remarketing of the Boulder 
Canyon Project in the United States Congress.
    Response: As mentioned in the response above, Western believes use 
of general statutory references is necessary in this Federal Register 
notice given the broad applicability of the APD. The Boulder Canyon 
Project remarketing effort is outside the scope of this process and any 
concerns about the impact of general statutory references of this 
Federal Register's process should be addressed in that proceeding.

IV. Purpose of Proposed Collection

    The APD is necessary for the proper performance of Western's 
functions. Western markets a limited amount of Federal power. Western 
has discretion to determine who will receive an allocation. Due to the 
high demand for Western's power and limited amount of available power, 
Western needs to be able to collect information to evaluate who will 
receive an allocation. As a result, the information Western collects is 
both necessary and useful.
    This public process only determines what type of information 
Western will collect in the APD from an entity applying for a Federal 
power allocation. The information Western proposes to collect is 
voluntary. Western will use the information collected in the APD (and 
has used the information collected under the current OMB-approved 
control number), in conjunction with its marketing plan, to determine 
an entity's eligibility and, ultimately, who will receive an allocation 
of Federal power. Western will issue a Call for Applications as part of 
its marketing plan, which will occur through a separate process. The 
actual allocation of power is outside the scope of this proceeding.

V. Information Western Proposes To Continue To Collect

A. Applicant Profile Data (APD)

    Western has submitted to OMB the request to extend Western's APD. 
As part of this process, Western has identified what it believes is the 
minimum amount of information Western needs for its regional offices to 
properly perform the functions of the agency. Due to the variations 
that may develop in each region, the region, through its marketing 
plan, may determine that it does not need all of the information 
contained in the APD. As a result, Western proposes to allow each 
region to use subsets of the form, where one region's APD may request 
less information than another region's APD. Rather than over collect 
unnecessary information, Western seeks to collect only the minimal 
amount of information it needs. Western evaluated the possibility of 
using the same APD form but instructing applicants to fill out only 
certain sections. This approach could lead to an applicant ignoring or 
misunderstanding Western's instructions and providing unnecessary 
information. Using a subset of information will lead to a more 
consistent process and will minimize the time an applicant uses to 
complete the APD.
    To receive an allocation of Federal power from Western, the 
applicant must provide the information requested in the APD. If the 
requested information is not applicable or is not available, the 
applicant will note it on the APD. Western will request, in writing, 
additional information from any applicant whose application is 
deficient. Western will notify the applicant when the application is 
due. In the event an applicant fails to provide sufficient information 
to allow Western to make a determination regarding eligibility by the 
due date, the application will not be considered.

B. Form of APD

    A copy of the APD is available on Western's Web site at http://www.wapa.gov.

[[Page 49767]]

VI. Paperwork Reduction Requirements

A. Introduction

    1. OMB Number: Western's existing OMB Number is 1910-5136. This 
number is displayed on the front page of the APD. It expires on 
September 30, 2011.
    2. Title: Applicant Profile Data.
    3. Type of Review: Western is seeking to extend its APD for 3 
years.
    4. Purpose: The APD is necessary for the proper performance of 
Western's functions. Western markets a limited amount of Federal power. 
Western has discretion to determine who will receive an allocation. Due 
to the high demand for Western's power and limited amount of available 
power under established marketing plans, Western needs to be able to 
collect information to evaluate who will receive an allocation. As a 
result, the information Western collects is both necessary and useful. 
This public process only determines the information Western will 
collect in its application. The actual allocation of Federal power will 
be done through a separate process and is outside the scope of this 
proceeding.
    5. Respondent: The response is voluntary. However, if an entity 
seeks an allocation of Federal power, the applicant must submit an APD. 
Western has identified the following class of respondents as the most 
likely to apply: municipalities, cooperatives, public utilities, 
irrigation districts, Native American Tribes, and Federal and State 
agencies. The respondents will be located in Arizona, California, 
Colorado, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New 
Mexico, North Dakota, South Dakota, Texas, Utah, and Wyoming.
    6. Estimated Number of Respondents. Depending on the amount of 
power that becomes available for allocation, Western anticipates it 
could receive approximately 100 requests for power during the 3-year 
period when the OMB Clearance Number is in effect. Western does not 
anticipate annual responses. The responses will be periodic and occur 
when Western has power available under an allocation process.
    7. Number of Burden Hours:
    a. Initial Application: Western anticipates that it will take less 
than 8 hours to complete the APD. Once the respondent completes the 
APD, it will submit the APD to Western for Western's review. After 
submitting the APD, provided the APD is complete and no clarification 
is required, Western does not anticipate requiring any further 
information for the APD from the applicant, unless the applicant is 
successful in obtaining a power allocation. The applicant submits only 
one APD. It does not submit an APD every year. If the applicant 
receives a power allocation, the applicant will need to complete a 
standard contract to receive its power allocation. Western's standard 
contract terms are outside the scope of this process.
    b. Recordkeeping: There is no mandatory recordkeeping requirement 
on the applicant if it does not receive an allocation of Federal power. 
In such case, any recordkeeping of the APD by a respondent is 
voluntary. For those entities that receive a Federal power allocation, 
Western requires the successful applicant keep the information for 3 
years after the applicant signs its Federal power contract. The 3-year, 
record retention policy will allow Western sufficient time to 
administer the contract and to ensure the applicant provided factual 
information in its application. A 3-year record retention policy will 
have little impact on most businesses in the electric utility industry. 
Western anticipates that it would take less than 1 hour per successful 
candidate, per year, for recordkeeping purposes. Western anticipates 
that in a 3-year period, Western will have approximately 30 successful 
applicants.
    c. Methodology: Based on the total number of burden hours and the 
total number of applications described above, Western expects that over 
a 3-year period, the total burden hours to complete the APD is 800 
hours (100 applicants over 3 years x 8 hours per applicant). This 
converts to an annual hourly burden of 266.667 hours. An entity will 
only complete the APD once. It is not required each year.
    Based on the above, Western anticipates that there will be 
additional cost burdens for recordkeeping of 1 hour per year for each 
who receives a Federal power allocation. Western anticipates that over 
the course of 3 years there will be 30 successful applicants. The power 
may be allocated in year 1, year 2 or year 3. For the purposes of 
determining the cost burden, Western will presume all 30 applicants 
received an allocation in year 1. As a result, the annual hourly burden 
for recordkeeping is 30 hours.
    For the purposes of this cost burden analysis, Western is assuming 
that a utility staff specialist will complete the APD. Western 
estimates a utility staff specialist rate, including administrative 
overhead, to be approximately $108/hour. For recordkeeping, Western 
estimates an administrative support rate of $54/hour. Based on the 
above, Western estimates the total annual cost as (266.667 hour/year x 
$108/hour) + (30 hour/year x $54/hour) = $30,420.00 per year.
    Using the above estimates, on a per applicant basis, assuming the 
applicant receives a Federal power allocation, the total cost for the 
applicant over a 3-year period is $1026. The cost to complete the APD 
is a onetime cost of $864. In addition to the onetime cost, the 
applicant, if it successfully receives a power allocation, will incur 
an additional expense of 1 hour for recordkeeping per year x $54 per 
hour for a total recordkeeping cost of $162 for 3 years.
    d. Summary of Burdens:

                                      Table 1--Annual Hour Burden Estimates
----------------------------------------------------------------------------------------------------------------
                                                                     Number of        Average
                    Activity                         Number of     responses per    burden hour      Sub-total
                                                    respondents     respondent     per response    burden hours
----------------------------------------------------------------------------------------------------------------
APD.............................................          33.333               1               8          266.67
Recordkeeping...................................          30                   1               1           30.00
                                                 ---------------------------------------------------------------
    Total Burden................................  ..............  ..............  ..............          296.67
----------------------------------------------------------------------------------------------------------------


[[Page 49768]]


                                                          Table 2--Annual Cost Burden Estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of        Average
                       Instrument                            Number of     responses per   annual burden     Cost per        Cost per        Sub-total
                                                            respondents     respondent         hour         burden hour      response          cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prepare APD.............................................          33.333               1               8            $108         $864.00         $28,800
Recordkeeping...........................................          30                   1               1              54           54.00        1,620.00
                                                         -----------------------------------------------------------------------------------------------
    Total Cost..........................................  ..............  ..............  ..............  ..............  ..............          30,420
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The procedure and process for the allocation of power shall be the 
subject matter of a separate notice and is outside the scope of this 
process.

B. Does the collection of data avoid unnecessary duplication?

    To avoid unnecessary duplication, only entities that desire a new 
Western allocation are required to submit an APD.
    As it relates to each of the components of the APD, there is no 
duplication. Section 1 is information Western needs to determine who 
the applicant is, whether the applicant is a statutorily-defined 
preference entity, and whether the applicant is ready, willing, and 
able to receive and/or distribute Federal power. Section 2 identifies 
the amount of Federal power that the applicant requests. Section 3 
identifies the applicant's loads. Section 4 identifies the applicant's 
resources. Section 5 identifies the applicant's transmission delivery 
arrangements necessary to receive Federal power. Section 6 is voluntary 
and provides the applicant with the ability to provide any additional 
information. Section 7 is an attestation that the information provided 
is true and accurate to the best of the applicant's knowledge.

C. Does the collection reduce the burden on the respondent, including 
small entities, to the extent practicable and appropriate?

    The information requested is the minimum amount of information to 
determine whether the applicant qualifies as a statutorily-defined 
preference entity and is ready, willing, and able to receive an 
allocation of Federal power.

D. Does the collection use plain, coherent, and unambiguous language 
that is understandable to the respondent?

    The collection uses plain, coherent, and unambiguous language that 
is understandable to the target audience. The terms are those used in 
the electric utility industry. Western does not market power to 
individual members of the public such as homeowners or shopkeepers. 
Preference entities are statutorily-designated potential customers who 
generally are involved in the power business. As a result, the language 
used in the application is understandable to the target audience.

E. Is the collection consistent with and compatible with the 
respondent's current reporting and recordkeeping practices to the 
maximum extent practicable?

    The information collection is voluntary. Western will use the 
information to determine whether an applicant qualifies as a preference 
entity to receive an allocation of Federal power. As discussed above, 
there is no mandatory recordkeeping requirement on the applicant if it 
does not receive an allocation of Federal power. For those entities 
that receive a Federal power allocation, Western requires that they 
keep the information for 3 years after Western grants the power 
allocation and the applicant signs a Federal power contract. The 
proposed 3-year record retention policy for such applicants would allow 
Western sufficient time to administer the contract and to ensure the 
applicant provided factual information in its application. Western 
anticipates that a 3-year record retention policy will have little 
impact on most businesses in the power industry who will keep the APD 
as part of their normal business records. The procedure and process for 
the allocation of power shall be the subject matter of a separate 
notice and is outside the scope of this process.

F. Does the collection indicate the retention period for any 
recordkeeping requirements for the respondent?

    The APD identifies that there is no recordkeeping requirement for 
the respondent if it does not receive an allocation of Federal power. 
It also identifies that applicants who receive an allocation of Federal 
power must retain the records for 3 years.

G. Does the collection inform the public of the information the public 
needs to exercise scrutiny concerning the agency need to collect 
information (the reasons the information is collected, the way it is 
used, an estimate of the burden, whether the response is voluntary, 
required to obtain a benefit, or mandatory and a statement that no 
person is required to respond unless a valid OMB control number is 
displayed)?

    If an entity desires a Federal power allocation from Western, 
Western needs certain information to determine whether the entity is 
eligible to receive power. Western has a limited amount of power 
available. Western uses its discretion in allocating power. In order to 
use its discretion in allocating power, Western will use the 
information collected on the application. Western will not accept 
incomplete applications. Western will work with Native American Tribes 
and other entities that may need assistance in completing the 
application. No person is required to submit any information unless a 
valid OMB control number is displayed. No person is required to submit 
any information unless they desire a Federal power allocation.

H. Is the collection developed by an office that has planned and 
allocated resources for the efficient and effective management and use 
of the information collected?

    Western's power marketing offices will administer and evaluate the 
applications. Use and management of the collected information has been 
factored into each office's functions and resource requirements. 
Historically, Western has requested the same relative information from 
applicants and effectively used Western resources to utilize and manage 
the information in its determinations. Each power marketing office will 
make a recommendation to Western's Administrator on which applicant(s) 
should be awarded a Federal power allocation based on the information 
contained in the APD. Western's Administrator shall use his discretion 
in the final power allocations. The

[[Page 49769]]

procedure and process for the allocation of power shall be the subject 
matter of a separate notice and is outside the scope of this process.

I. Does the collection use effective and efficient statistical survey 
methods?

    Since the information collected is used to determine whether an 
applicant receives an allocation of Federal power, this section is 
inapplicable.

J. Does the collection use information technology to the maximum extent 
practicable to reduce the burden and to improve data quality, agency 
efficiency, and responsiveness to the public?

    The APD will be accessible for downloading via Western's Web site. 
Western will accept electronic-mail submission of the APD, as well as 
submission via fax or regular mail. At this time, applicants cannot 
enter the information on Western's Web site; however, Western is in the 
process of developing an online form.

VII. Invitation for Comments

    Western invites public comment on its request to extend its APD 
that Western submitted to OMB pursuant to the Paperwork Reduction Act 
of 1995. The Paperwork Reduction Act requires OMB to make a decision on 
the ICR within 60 days after this publication or receipt of the 
proposed collection of information, whichever is later.\22\ Comments 
should be sent directly to the addresses listed in the ADDRESSES 
section above.
---------------------------------------------------------------------------

    \22\ See 5 CFR 1320.10(b).

     Issued in Lakewood, CO on August 4, 2011.
Timothy J. Meeks,
Administrator.
[FR Doc. 2011-20400 Filed 8-10-11; 8:45 am]
BILLING CODE 6450-01-P