Elimination of Form 80 and Revision of Regulations on Recreational Opportunities and Development at Licensed Hydropower Projects, 23848-23854 [2018-11002]
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23848
Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules
SECURITIES AND EXCHANGE
COMMISSION
Federal Energy Regulatory
Commission
17 CFR Parts 240, 249, 275 and 279
[Release No. 34–83063; IA–4888; File No.
S7–08–18]
18 CFR Parts 8 and 141
RIN 3235–AL27
Elimination of Form 80 and Revision of
Regulations on Recreational
Opportunities and Development at
Licensed Hydropower Projects
[Docket No. RM18–14–000]
Form CRS Relationship Summary;
Amendments to Form ADV; Required
Disclosures in Retail Communications
and Restrictions on the Use of Certain
Names or Titles
Correction
In proposed rule document 2018–
08583 beginning on page 21416 in the
issue of Wednesday, May 9, 2018, make
the following corrections:
1. On page 21553, in the second
column, line one ‘‘[Form ADV, Part 3:]1
Instructions to Form CRS’’ should read
‘‘APPENDIX B [Form ADV, Part 3:]1
Instructions to Form CRS’’
2. On page 21570, in the first column,
line one, under the table ‘‘Your
Relationship with Your Financial
Professional: Feedback on the
Relationship Summary’’ should read
‘‘APPENDIX F Your Relationship with
Your Financial Professional: Feedback
on the Relationship Summary’’
[FR Doc. C1–2018–08583 Filed 5–22–18; 8:45 am]
BILLING CODE 1301–00–D
Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE,
Washington, DC 20426.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Comment Procedures section of
this document.
ADDRESSES:
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Energy
Regulatory Commission (Commission) is
proposing to amend regulations to
eliminate the Licensed Hydropower
Development Recreation Report,
designated as FERC Form No. 80 (Form
80). Form 80 solicits information on the
use and development of recreation
facilities at hydropower projects
licensed by the Commission under the
Federal Power Act. In addition, the
Commission proposes to further revise
its regulations related to recreational use
and development at licensed projects in
order to modernize public notice
practices, clarify recreational signage
requirements, and provide flexibility to
assist licensees’ compliance efforts.
DATES: Comments are due July 23, 2018.
SUMMARY:
Jon
Cofrancesco (Technical Information),
Office of Energy Projects, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426,
(202) 502–8951, jon.cofrancesco@
ferc.gov. Tara DiJohn (Legal
Information), Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–8671,
tara.dijohn@ferc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph No.
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I. Background ................................................................................................................................................................................
II. Proposed Rule ..........................................................................................................................................................................
A. Removal of Section 8.11—Information Respecting Use and Development of Public Recreational Opportunities ....
1. Background .................................................................................................................................................................
2. Proposed Elimination of Form 80 .............................................................................................................................
3. Implications for Existing Licenses ............................................................................................................................
4. Removal of Section 141.14—Form No. 80, Licensed Hydropower Development Recreation Report ..................
B. Amendments of 18 CFR 8.1, and 8.2 ..............................................................................................................................
1. Section 8.1—Publication of License Conditions Relating to Recreation ................................................................
2. Section 8.2—Posting of Project Lands as to Recreation Use and Availability of Information .............................
III. Regulatory Requirements .......................................................................................................................................................
A. Information Collection Statement ...................................................................................................................................
B. Environmental Analysis ...................................................................................................................................................
C. Regulatory Flexibility Act ................................................................................................................................................
D. Comment Procedures .......................................................................................................................................................
E. Document Availability ......................................................................................................................................................
1. The Federal Energy Regulatory
Commission (Commission) proposes to
remove section 8.11 of its regulations,
eliminating the requirement for
licensees to file a Licensed Hydropower
Development Recreation Report,
designated as FERC Form No. 80 (Form
80). Form 80 solicits information on the
use and development of recreation
facilities at hydropower projects
licensed by the Commission under the
Federal Power Act (FPA). In addition,
the Commission proposes to revise
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sections 8.1 and 8.2 of its regulations to
modernize public notice practices,
clarify recreational signage
requirements, and provide flexibility to
assist licensees’ compliance efforts.
I. Background
2. Section 10(a)(1) of the FPA requires
the Commission to ensure that any
licensed project is best adapted to a
comprehensive plan for improving and
developing a waterway for a variety of
beneficial public uses, including
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recreational use.1 Although section
10(a) of the Federal Water Power Act of
June 10, 1920 2 did not refer specifically
to recreation, in 1935 when the Federal
Water Power Act was re-enacted as Part
I of the Federal Power Act,3 the words
‘including recreational purposes’ were
added to section 10(a) to make clear that
recreation considerations were to be
1 See
16 U.S.C. 803(a)(1) (2012).
Stat. 1063.
3 49 Stat. 838, 16 U.S.C. 791a–825r.
2 41
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included in comprehensive
development of the nation’s water
resources. Pursuant to this obligation,
the Commission required licensees to
allow public access to project lands and
waters for recreational use and began to
include standard conditions in licenses
for the provision of such recreational
facilities. In the 1960s, the Commission
developed specific policies and
practices to ensure that licensees
provided reasonable recreational
opportunities and notice of such
opportunities to the public. In 1963, the
Commission began requiring
recreational use plans for the full public
utilization of project waters and lands
for recreation,4 and in 1965 amended its
regulations by adding Part 8, entitled
‘‘Recreation Opportunities and
Development at Licensed Projects,’’ in
order to require licensees to widely
publicize to the general public
recreational opportunities at individual
projects.5 Order 313, issued on
December 27, 1965, amended the
Commission’s general policy regulations
(18 CFR part 2) by adding section 2.7 to
clarify that licensees whose projects
include land and water resources with
outdoor recreational potential have a
responsibility for the development of
those resources in accordance with area
needs, to the extent that such
development is not inconsistent with
the primary purpose of the project.6 In
1966, the Commission further amended
Part 8 of its regulations to require
licensees to file Form 80, a report that
provides an inventory of the use and
development of recreational facilities at
each development contained within a
licensed project.7
3. Over the years, the Commission has
continued to revise its regulations to
reflect the Commission’s current public
recreation policies and practices. Once
again, in this Notice of Proposed
Rulemaking the Commission proposes
to modify certain recreation-related
4 Exhibit R, 18 CFR 4.41, Order 260–A, on April
18, 1963, 29 FPC 777.
5 Publicizing License Conditions Relating to
Recreational Opportunities at Hydroelectric
Projects, Order No. 299, 33 F.P.C. 1131 (1965)
(Order 299). Section 1 of Part 8 requires licensees
to publicize license conditions related to recreation;
section 2 requires licensees to post, at points of
public access, signs providing recreation use
information and requires licensees to make such
information available for inspection; and section 3
requires licensees to permit use without
discrimination. 18 CFR 8.1–8.3.
6 Recreational Development at Licensed Projects,
Order No. 313, 34 F.P.C. 1546, 1548 (1965) (Order
313).
7 Inventory of Recreation Facilities at Licensed
Hydroelectric Projects, Order No. 330, 36 F.P.C.
1030 (1966) (Order 330). Section 8.11 requires the
filing of information on the use and development
of public recreation opportunities. 18 CFR 8.11
(2017).
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regulations in order to eliminate
unnecessary reporting requirements,
modernize public notice practices,
clarify recreational signage
requirements, and provide flexibility to
assist licensees’ compliance efforts. The
regulations proposed for modification
are discussed below.
II. Proposed Rule
A. Removal of Section 8.11—
Information Respecting Use and
Development of Public Recreational
Opportunities
1. Background
4. Section 8.11 requires licensees to
file Form 80, a report on the use and
development of recreational facilities at
each development contained within a
licensed project, on April 1 of every
sixth year, documenting data compiled
during the previous calendar year.8 For
each project development,9 the Form 80
requires licensees to report the number
of visits (i.e., recreation days),10 the use
capacity of each type of public
recreation facility, and the total annual
cost to develop, operate, and maintain
the public recreation facilities. In order
to complete the Form 80, licensees must
collect data on recreation use, facilities,
and capacity for a 12-month period.
Licensees may request an exemption
from the Form 80 requirement if they
demonstrate that a project development
has little or no existing or potential
recreational use (i.e., less than 100
recreation days per year).11
2. Proposed Elimination of Form 80
5. In 1965, when use of the Form 80
was first adopted, most licensed projects
did not have individual recreation plans
or specific recreation development
requirements set out in the license.
However, today many licensed projects
8 Modification of Hydropower Procedural
Regulations, Including the Deletion of Certain
Outdated or Non-Essential Regulations, Order No.
540, FERC Stats. & Regs. ¶ 30,944 (1992). Order 330
originally required licensees to file a Form 80 every
two years. 36 F.P.C. 1030, 1031. However, the
Commission subsequently amended section 8.11 to
revise the form and reduce the filing frequency. See
Revision of Licensed Hydropower Development
Recreation Report: FERC Form No. 80, Order No.
179, FERC Stats. & Regs. ¶ 30,295 (1981)
(consolidating, simplifying, and reducing the size of
the Form 80 by approximately 60 percent); Deletion
of a 1987 Filing Requirement for FERC Form No. 80,
Order No. 419, FERC Stats. & Regs. ¶ 60,640 (1985)
(committing to re-evaluate the need for Form 80,
and take further action if Form 80 is found
unnecessary or in need of modification).
9 Most licensed projects have only one project
development. However, licensees of projects with
more than one development must file a separate
Form 80 report for each development.
10 The Form 80 defines a recreation day as each
visit by a person to a development for recreational
purposes during any portion of a 24-hour period.
11 18 CFR 8.11(c) (2017).
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with significant recreation opportunities
have project-specific license conditions
that require licensees to prepare and
implement a recreation plan, conduct
recreation monitoring, and/or file
periodic updates to an approved
recreation plan.12 Such project-specific
license requirements are tailored to the
recreation opportunities provided by the
individual project, allowing licensees
and Commission staff to better evaluate
and address public recreation needs
over time. Consequently, the
information contained in the Form 80
may be duplicative and of limited use
to Commission staff when compared to
the more detailed and descriptive
recreation information submitted to the
Commission in response to projectspecific recreation requirements.
6. Licensees for projects with limited
recreation opportunities are also
required to file Form 80 reports every
six years, unless exempted from this
requirement. Although these projects
may not have approved recreation plans
or recreation-related monitoring
requirements given the limited
recreation opportunities at such
projects, the periodic submission of
Form 80 reports does not provide an
effective means to determine whether
these projects are meeting public
recreation needs. Commission staff
utilizes other tools to evaluate
recreation development and use at the
licensed projects with minimal
recreation opportunities, such as
periodic project inspections and
investigation of non-compliance
allegations (e.g., any recreation-related
inquiries or complaints submitted by
resource agencies, recreation users, or
local residents).
7. Moreover, Commission staff reports
limited use of Form 80 data and cites
concerns about the data’s validity and
lack of specificity. Commission staff
generally views the Form 80 as a
secondary source, using the reported
data to confirm existing recreation data
or to identify additional information to
be requested from the licensee.
Similarly, Commission staff experience
indicates that resource agencies and
outside entities often view Form 80 data
as unreliable or insufficient to
accurately document recreation use and
facility capacity. Finally, advances in
technology since the advent of the Form
80 (e.g., websites, Google Earth, and the
Commission’s eLibrary system) allow
12 In addition, between fiscal years 2016 and
2030, over 500 projects will begin the relicensing
process. During relicensing, the Commission’s
Division of Hydropower Licensing will evaluate the
need for, and may require, project-specific
recreation monitoring in new licenses on a case-bycase basis.
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interested parties and the general public
to more effectively obtain information
about a project’s recreational
opportunities and any recreation-related
license requirements.
8. For these reasons, the Commission
proposes to remove section 8.11 from its
regulations, eliminating the requirement
for licensees to file the Form 80. This
proposed change would result in
reduced burden for licensees and
Commission staff alike. If eliminated,
licensees would no longer be required to
collect and validate Form 80 data and
Commission staff resources would not
be allocated to performing Form 80related responsibilities (e.g., responding
to licensee inquiries; performing
database maintenance; addressing noncompliance matters related to overdue,
incomplete, or inaccurate Form 80
filings; and acting on exemption
requests).
3. Implications for Existing Licenses
9. With the removal of section 8.11,
existing licensees would no longer be
required to collect, validate, and submit
recreational data through Form 80.
Nonetheless, the Commission will
expect licensees to monitor the
recreational resources provided by their
projects in order to fulfill any projectspecific license requirements and the
general obligations set forth in section
2.7 of the Commission’s regulations.
Among other things, section 2.7 requires
licensees to develop suitable recreation
facilities, provide adequate public
access, and determine public recreation
needs.13 Implicit in these obligations is
the expectation that a licensee will
ensure that recreation development is
operated and maintained in a manner
that is safe for public use, responsive to
public recreation needs, and consistent
with project purposes throughout the
license term.
10. The Commission expects that
licensees will continue to monitor
project recreation resources in a manner
appropriate for the type, size, and
quantity of public recreation
opportunities provided by the project.
Projects with moderate to significant
public recreation opportunities typically
require a greater level of monitoring and
oversight than projects that have little to
no recreation opportunities. Generally,
licensees of projects with significant
recreational resources must comply
with one, or several, project-specific
license articles requiring the licensee to:
Develop certain recreation facilities,
prepare and implement a recreation
management plan, submit recreation
reports, or conduct recreational use
13 18
CFR 2.7(a)–(c) (2017).
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monitoring. A licensee’s continued
compliance with such project-specific
conditions would satisfy this general
monitoring obligation.14
11. Licensed projects with little to no
recreation, including projects that were
previously exempted from the Form 80
reporting requirement pursuant to
section 8.11(c),15 are not expected to
implement any new or additional
recreation monitoring efforts, but should
continue to comply with any projectspecific license conditions related to
public recreation.
12. In the case where an existing
license contains a condition, or a
recreation plan contains a provision,
that ties a future filing or other action
to the Form 80 reporting schedule (i.e.,
April 1, 2021, and every six years
thereafter), licensees would still be
required to timely file any recreationrelated plan, report, update, or other
specific information required by an
existing license condition.16 Despite the
proposed elimination of the Form 80
reporting requirement, licensees would
still be required to file the required
recreation submittal by April 1, 2021,
and every six years thereafter, unless
otherwise specified in the license
condition. A licensee may file an
application to amend any license
condition or recreation plan that ties the
timing of future recreation filings to the
Form 80 reporting schedule. Such
amendment applications would be
considered by the Commission on a
case-by-case basis as a separate projectspecific proceeding.
4. Removal of Section 141.14—Form No.
80, Licensed Hydropower Development
Recreation Report
13. Added to the Commission’s
regulations alongside the Form 80
14 If necessary, the Commission may require
additional recreation development or measures
(e.g., recreation use monitoring) during the license
term. Licenses for major projects (i.e., projects with
an installed capacity that exceeds 1.5 megawatts)
include a standard condition (Article 17) that
reserves authority for the Commission to require a
licensee to undertake additional recreation
development or measures during the license term
based on its own determination or in response to
a request from Federal or State fish and wildlife
agencies, after opportunity for notice and hearing.
15 18 CFR 8.11(c) (2017).
16 For example, certain license articles may
require a licensee to: (1) File a recreation use
monitoring report in conjunction with the Form 80
report; (2) file documentation showing consultation
on recreation use levels in conjunction with the
Form 80 report; (3) conduct recreation use
monitoring every six years in conjunction with the
Form 80 report; (4) file a report that assesses
whether a recreation plan update is needed every
six years in conjunction with the Form 80; and/or
(5) file a report describing whether public
recreation needs are being met by the project every
six years in conjunction with the Form 80.
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requirement in 1966,17 section 141.14
approved licensee use of Form 80 in the
manner prescribed in section 8.11 of our
regulations.18 Concurrently with the
proposed removal of section 8.11, the
Commission proposes to remove section
141.14 of its regulations.
B. Amendments of 18 CFR 8.1, and 8.2
14. In addition to the elimination of
section 8.11, the Commission proposes
to amend sections 8.1 and 8.2 of its
regulations to modernize public notice
practices, clarify recreational signage
requirements, and provide flexibility to
assist licensees’ compliance efforts.
1. Section 8.1—Publication of License
Conditions Relating to Recreation
15. Section 8.1 directs licensees to
publicize information about the
availability of projects lands and waters
for recreational purposes, and any
recreation-related license conditions.19
Section 8.1 requires licensees, at a
minimum, to publish notice in a local
newspaper once each week for four
weeks of any recreation-related license
conditions that the Commission may
designate in an order issuing or
amending a license.20
16. In addition to publishing notice in
the local newspaper, the Commission
proposes to require licensees with
project websites to also post notice of
recreation-related license conditions on
its website. This requirement would
only apply to a licensee that already has
an existing project website, or decides to
develop a project website in the future.
This proposed change will ensure that
the public is informed of recreational
opportunities and recreation-related
license conditions regardless of whether
members of the public rely on a
newspaper or the internet as their main
source of news and information.
2. Section 8.2—Posting of Project Lands
as to Recreation Use and Availability of
Information
17. Section 8.2(a) requires the licensee
to post at each public access point a
visible sign that identifies: The project
name, project owner, project number,
directions to project areas available for
public recreation, permissible times and
activities, and other regulations
regarding recreation use. Section 8.2(a)
also requires licensees to post visible
notice that project recreation facilities
are open to all members of the public
without discrimination. Section 8.2(b)
directs the licensee to make available for
17 Order
330, 36 F.P.C. 1030.
CFR 141.14 (2017).
19 18 CFR 8.1 (2017).
20 See id.
18 18
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inspection at its local offices the
Commission-approved recreation plan
and the entire license order indexed for
easy reference to the recreation-related
license conditions designated for
publication in accordance with section
8.1 of the Commission’s regulations. As
the Commission explained in Order 299,
the rationale behind the types of public
notice required by sections 8.1 and 8.2
is two-fold: (i) It puts prospective
purchasers of land in the project
vicinity on notice of the project’s public
access and recreation purposes; and (ii)
it informs the general public of the
location and terms of use of the project’s
recreation facilities.21
18. The proposed amendments to
section 8.2 clarify project signage
requirements and reflect modern public
dissemination methods, such as website
publication. The Commission proposes
to revise section 8.2(a) to streamline the
information licensees must include on
recreation signage at each public access
point. The proposed revisions would
require signs to, at a minimum, identify:
The project name and number, and a
statement that the project is licensed by
the Commission; the licensee name and
contact information for obtaining
additional project recreation
information; and permissible times and
activities. This proposed change reduces
the information that must be included
on recreation signage, providing
licensees greater flexibility to design
signs that effectively communicate the
appropriate information needed by
public to use and enjoy the recreational
opportunities afforded by a particular
project.
19. In addition, the Commission
proposes to revise section 8.2(b) to
require licensees with project websites
to include on their websites copies of
any approved recreation plan,
recreation-related reports approved by
the Commission, and the entire license
instrument. As with the proposed
revision to section 8.1, this requirement
would only apply to a licensee that
already has an existing project website,
or decides to develop a project website
in the future. This proposed changed
would allow the public to obtain
information about a project’s recreation
requirements by accessing the licensee’s
website, if applicable, or by visiting the
licensee’s local office in the project
vicinity.
21 Order
299, 33 F.P.C. 1131.
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III. Regulatory Requirements
A. Information Collection Statement
20. The Paperwork Reduction Act 22
requires each federal agency to seek and
obtain the Office of Management and
Budget’s (OMB) approval before
undertaking a collection of information
(including reporting, record keeping,
and public disclosure requirements)
directed to ten or more persons or
contained in a rule of general
applicability. OMB regulations require
approval of certain information
collection requirements contemplated
by proposed rules (including deletion,
revision, or implementation of new
requirements).23 Upon approval of a
collection of information, OMB will
assign an OMB control number and an
expiration date. Respondents subject to
the filing requirements of a rule will not
be penalized for failing to respond to the
collection of information unless the
collection of information displays a
valid OMB control number.
21. Public Reporting Burden: In this
NOPR, the Commission proposes to
delete the Form 80 and to update the
recreation-related requirements of
FERC–500 and FERC–505.
22. This proposed rule would
eliminate an existing data collection,
FERC–80 (OMB Control No. 1902–
0106), as well as modify certain
reporting and recordkeeping
requirements included in FERC–500
(OMB Control No 1902–0058) 24 and
FERC–505 (OMB Control No. 1902–
0115).25
23. Under the most recent Form 80
reporting cycle,26 346 licensees
prepared and filed 843 Form 80
reports.27 Every three years, the
Commission is required to request from
OMB an extension of any currently
approved information collection. Since
the Form 80 is only filed every six years,
the most recent annual burden and cost
figures provided to OMB were based on
22 44
U.S.C. 3501–3521 (2012).
5 CFR 1320.11 (2017).
24 FERC–500 includes the reporting and
recordkeeping requirements for ‘‘Application for
License/Relicense for Projects with Capacity Greater
Than 5MW.’’
25 FERC–505 includes the reporting and
recordkeeping requirements for ‘‘Small Hydropower
Projects and Conduit Facilities including License/
Relicense, Exemption, and Qualifying Conduit
Facility Determination.’’
26 Licensees were required to file Form 80 reports
by April 1, 2015, containing recreational use and
development data compiled during the 2014
calendar year.
27 For projects with more than one development,
the licensee is required to submit a Form 80 report
for each development.
23 See
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23851
an estimate of 400 respondents. To
determine the total number of responses
per year for OMB submittal purposes,
we multiplied the number of
respondents (400) by the annual number
of responses per respondent (0.167) to
arrive at 67 responses per year. The
Commission estimated the current
public reporting burden to be an average
of three hours per form, with an
associated cost of approximately $224
per form. Because the Form 80 is filed
every six years, the estimated
annualized cost to complete each form
is $37.44, with a total annual cost for all
licenses of approximately $14,974.50.
This estimate includes the time required
to review instructions, research existing
data sources, and complete and review
the collection of information.
24. This proposed rule, if adopted,
would eliminate certain information
collection and recordkeeping
requirements. The proposed removal of
the Form 80 report would eliminate the
estimated annual information collection
burden (201 hours) and cost
($14,974.50) associated with FERC–80
(OMB Control No. 1902–0106).28
25. In addition, the proposed
revisions to sections 8.1 and 8.2,
associated with the FERC–500 and
FERC–505 information collections,29 are
intended to modernize public notice
practices, clarify recreational signage
requirements, and provide flexibility to
assist licensees’ compliance efforts.
With regard to modernized public
notice practices, the proposed revisions
would require licensees that have a
project website to (1) publish notice on
its website of license conditions related
to recreation; and (2) maintain on its
website copies of any approved
recreation plan, recreation-related
reports, and the license instrument. If a
licensee does not have a project website,
the website publication requirements
would not apply. Accordingly, there is
a slight increase in the reporting
requirements and burden for FERC–500
and FERC–505.
26. The estimated changes to the
burden and cost of the information
collections affected by this NOPR
follow.
28 These figures are annual averages (for
Paperwork Reduction Act purposes) of the burden
and cost for the six-year cycle for the Form 80. The
most recent OMB approval of the Form 80 was
issued December 8, 2016.
29 The Commission currently has 477 licenses for
projects with an installed capacity more than 5 MW
(reporting requirements covered by FERC–500) and
572 licenses for projects 5 MW or less (reporting
requirements covered by FERC–505).
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ANNUAL CHANGES PROPOSED BY THE NOPR IN DOCKET NO. RM18–14–000 30
Number of
respondents
Number of
responses
per
respondent
Total number of
responses
Average burden hours and
cost per response
Total annual burden hours
and total annual cost
Cost per
respondent
($)
(1)
(2)
(1) × (2) = (3)
(4)
(3) × (4) = 5
(5)/(1)
3 hrs.; $224 (rounded); (reduction).
0.5 hr.; $26.77 (rounded) .....
0.5 hr.; $26.77 (rounded) .....
201 hrs.; $14,974.50 (rounded); (reduction).
215 hrs.; $11,484 (rounded)
143 hrs.; $7,656 (rounded) ...
FERC–80 (reduction) 31 ........
400
32 0.167
67 (rounded) .........
FERC–500 ............................
FERC–505 ............................
33 429
1
1
429 .......................
286 .......................
34 286
daltland on DSKBBV9HB2PROD with PROPOSALS
27. Titles: FERC Form 80 (Licensed
Hydropower Development Recreation
Report), FERC–500 (Application for
License/Relicense for Water Projects
with More than 5 Megawatt (MW)
Capacity), and FERC–505 (Small
Hydropower Projects and Conduit
Facilities including License/Relicense,
Exemption, and Qualifying Conduit
Facility Determination)
28. Action: Deletion of information
collection (FERC–80), and revisions to
existing collections FERC–500 and
FERC–505.
29. OMB Control Nos.: 1902–0106
(FERC–80), 1902–0058 (FERC–500), and
1902–0115 (FERC–505).
30. Respondents: Hydropower
licensees, including municipalities,
businesses, private citizens, and forprofit and not-for-profit institutions.
31. Frequency of Information:
Ongoing.
32. Necessity of Information: The
Commission proposes the changes in
this NOPR in order to eliminate
unnecessary reporting requirements,
modernize public notice practices, and
clarify recreational signage
requirements.
33. Internal Review: The Commission
has reviewed the proposed changes and
has determined that such changes are
necessary. These requirements conform
30 Hourly costs are based on Bureau of Labor
Statistics figures for May 2017 wages in Sector 22—
Utilities (https://www.bls.gov/oes/current/naics2_
22.htm) and December 2017 benefits (https://
www.bls.gov/news.release/pdf/ecec.pdf). For web
developers (code 15–1134), the estimated average
hourly cost (salary plus benefits) is $53.53.
31 The figures are annualized figures contained in
the current OMB inventory for FERC–80. While
OMB requires existing information collections to be
submitted for approval every three years, the
Commission’s hydropower licenses are only
required to submit the Form 80 every six years.
Therefore, the estimated figures for the entire sixyear Form 80 cycle would be a total of 400
respondents, spending an estimated three hours per
report, for a total of 1,200 hours.
32 This figure indicates that a respondent files a
Form 80 once every six years.
33 We assume approximately 90 percent of the
477 for projects with an installed capacity of more
than 5 MW licenses (i.e., an estimated 429 licenses)
have project websites.
34 We assume approximately 50 percent of the
572 licenses for projects 5 MW or less (i.e., an
estimated 286 licenses) have project websites.
VerDate Sep<11>2014
16:37 May 22, 2018
Jkt 244001
to the Commission’s need for efficient
information collection, communication,
and management within the energy
industry. The Commission has specific,
objective support for the burden
estimates associated with the
information collection requirements.
34. Interested persons may obtain
information on the reporting
requirements by contacting the Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426
[Attention: Ellen Brown, Office of the
Executive Director], by email to
DataClearance@ferc.gov, by phone (202)
502–8663, or by fax (202) 273–0873.
35. Comments concerning the
collections of information and the
associated burden estimates may also be
sent to: Office of Information and
Regulatory Affairs, Office of
Management and Budget, 725 17th
Street NW, Washington, DC 20503
[Attention: Desk Officer for the Federal
Energy Regulatory Commission]. Due to
security concerns, comments should be
sent electronically to the following
email address: oira_submission@
omb.eop.gov. Comments submitted to
OMB should refer to FERC–80, FERC–
500, and FERC–505 and OMB Control
Nos. 1902–0106 (FERC–80), 1902–0058
(FERC–500), and 1902–0115 (FERC–
505).
B. Environmental Analysis
36. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant effect on the human
environment.35 Excluded from this
requirement are rules that are clarifying,
corrective, or procedural, or that do not
substantially change the effect of
legislation or the regulations being
amended.36 This proposed rule would
update the Commission’s recreationrelated regulations by clarifying public
notice and signage requirements, and
eliminating unnecessary reporting
requirements. Because this rule is
35 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987).
36 18 CFR 380.4(a)(2)(ii) (2017).
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Frm 00026
Fmt 4702
Sfmt 4702
$224 (reduction).
$26.77 (rounded).
$26.77 (rounded).
clarifying and procedural in nature,
preparation of an Environmental
Assessment or Environmental Impact
Statement is not required.
C. Regulatory Flexibility Act
37. The Regulatory Flexibility Act of
1980 (RFA) 37 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities. The RFA
mandates consideration of regulatory
alternatives that accomplish the stated
objectives of a proposed rule and
minimize any significant economic
impact on a substantial number of small
entities.38 In lieu of preparing a
regulatory flexibility analysis, an agency
may certify that a proposed rule will not
have a significant economic impact on
a substantial number of small entities.39
38. The Small Business
Administration’s (SBA) Office of Size
Standards develops the numerical
definition of a small business.40 The
SBA size standard for electric utilities
(effective January 22, 2014) is based on
the number of employees, including
affiliates.41 Under SBA’s current size
standards, a hydroelectric power
generator (NAICS code 221111) 42 is
small if, including its affiliates, it
employs 500 or fewer people.43
39. This proposed rule directly affects
all hydropower licensees that are
currently required to file the Form 80.
The proposal, if adopted, would remove
the Form 80 filing requirement,
eliminating (for small and large entities)
the cost of $224 associated with filing
the Form 80 every six years.
37 5
U.S.C. 601–612 (2012).
U.S.C. 603(c) (2012).
39 5 U.S.C. 605(b) (2012).
40 13 CFR 121.101 (2017).
41 SBA Final Rule on ‘‘Small Business Size
Standards: Utilities,’’ 78 FR 77,343 (Dec. 23, 2013).
42 The North American Industry Classification
System (NAICS) is an industry classification system
that Federal statistical agencies use to categorize
businesses for the purpose of collecting, analyzing,
and publishing statistical data related to the U.S.
economy. United States Census Bureau, North
American Industry Classification System, https://
www.census.gov/eos/www/naics/ (accessed April
11, 2018).
43 13 CFR 121.201, Sector 22, Utilities (2017).
38 5
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules
40. In addition, the proposed
revisions to sections 8.1 and 8.2 of the
Commission’s regulations would
directly affect all hydropower licensees
of projects that offer existing or
potential recreational use opportunities.
The proposed revisions are intended to
modernize public notice practices,
clarify recreational signage
requirements, and provide flexibility to
assist licensees’ compliance efforts. We
expect the clarified signage
requirements to benefit licensees by
providing them more flexibility to
design recreation-related signage
strategies that best fit the needs of their
individual projects. To modernize
public notice practices, the proposed
revisions would require licensees that
have a project website, or develop one
in the future, to publish and maintain
certain recreation-related information
on its website. If a licensee does not
have a project website, the website
publication requirements would not
apply. Therefore, there is a slight
increase in the information collection
reporting requirements and burden for
FERC–500 and FERC–505.44 However,
we do not anticipate the impact on
affected entities, regardless of their
status as a small or large entity, to be
significant.
41. Accordingly, pursuant to section
605(b) of the RFA, the Commission
certifies that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
daltland on DSKBBV9HB2PROD with PROPOSALS
D. Comment Procedures
42. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due July 23, 2018.
Comments must refer to Docket No.
RM18–14–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address.
43. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
website at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
44 In the Information Collection section, we
estimated the average burden and cost per
respondent to be approximately 30 minutes and
$26.77 per year.
VerDate Sep<11>2014
16:37 May 22, 2018
Jkt 244001
44. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
45. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
E. Document Availability
46. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE,
Room 2A, Washington, DC 20426.
47. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
48. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202)502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects
18 CFR Part 8
Electric power, Recreation and
recreation areas, Reporting and
recordkeeping requirements.
18 CFR Part 141
Electric power, Reporting and
recordkeeping requirements.
By direction of the Commission.
Issued: May 17, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Federal Energy Regulatory Commission
proposes to amend parts 8 and 141,
Chapter I, Title 18, Code of Federal
Regulations, as follows:
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Frm 00027
Fmt 4702
Sfmt 4702
23853
PART 8—RECREATIONAL
OPPORTUNITIES AND DEVELOPMENT
AT LICENSED PROJECTS
1. The authority citation for part 8
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 16 U.S.C.
791a–825r; 42 U.S.C. 7101–7352.
■
2. Revise § 8.1 to read as follows:
§ 8.1 Publication of license conditions
relating to recreation.
Following the issuance or amendment
of a license, the licensee shall make
reasonable efforts to keep the public
informed of the availability of project
lands and waters for recreational
purposes, and of the license conditions
of interest to persons who may be
interested in the recreational aspects of
the project or who may wish to acquire
lands in its vicinity. Such efforts shall
include, but are not limited to: The
publication of notice in a local
newspaper once each week for 4 weeks,
and publication on any project website,
of the project’s license conditions which
relate to public access to and the use of
the project waters and lands for
recreational purposes, recreational
plans, installation of recreation and fish
and wildlife facilities, reservoir water
surface elevations, minimum water
releases or rates of change of water
releases, and such other conditions of
general public interest as the
Commission may designate in the order
issuing or amending the license.
■ 3. Revise § 8.2 to read as follows:
§ 8.2 Posting of project lands as to
recreational use and availability of
information.
(a) Following the issuance or
amendment of a license, the licensee
shall post and maintain at all points of
public access required by the license (or
at such access points as are specifically
designated for this purpose by the
licensee) and at such other points as are
subsequently prescribed by the
Commission on its own motion or upon
the recommendation of a public
recreation agency operating in the
project vicinity, a conspicuous sign that,
at a minimum, identifies: The FERC
project name and number, and a
statement that the project is licensed by
the Commission; the licensee name and
contact information for obtaining
additional project recreation
information; and permissible times and
activities. In addition, the licensee shall
post at such locations conspicuous
notice that the recreation facilities are
open to all members of the public
without discrimination.
(b) The licensee shall make available
for inspection at its local offices in the
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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules
project vicinity, and on any project
website, the approved recreation plan,
any recreation-related reports approved
by the Commission, and the entire
license instrument, properly indexed for
easy reference to the license conditions
designated for publications in § 8.1.
§ 8.11
■
[Removed]
4. Remove § 8.11.
PART 141—STATEMENTS AND
REPORTS (SCHEDULES)
5. The authority citation for part 141
continues to read as follows:
■
Authority: 15 U.S.C. 79; 15 U.S.C. 717–
717z; 16 U.S.C. 791a–828c, 2601–2645; 31
U.S.C. 9701; 42 U.S.C. 7101–7352.
§ 141.14
[Removed]
■ 6. Remove 141.14.
[FR Doc. 2018–11002 Filed 5–22–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 40
[Docket No. RM18–8–000]
Geomagnetic Disturbance Reliability
Standard
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Energy
Regulatory Commission (Commission)
proposes to approve Reliability
Standard TPL–007–2 (Transmission
System Planned Performance for
Geomagnetic Disturbance Events). The
North American Electric Reliability
Corporation (NERC), the Commissioncertified Electric Reliability
Organization, submitted proposed
Reliability Standard TPL–007–2 for
Commission approval. Geomagnetic
disturbance events (GMDs) occur when
the sun ejects charged particles that
interact with and cause changes in the
earth’s magnetic fields. Proposed
Reliability Standard TPL–007–2
modifies currently-effective Reliability
Standard TPL–007–1 by requiring
applicable entities to: Conduct
supplemental GMD vulnerability
assessments and thermal impact
assessments; obtain geomagnetically
induced current and magnetometer data;
and meet certain deadlines for the
development and completion of tasks in
corrective action plans. In addition, the
Commission proposes to direct NERC to
develop and submit modifications to the
daltland on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:37 May 22, 2018
Jkt 244001
Reliability Standard to require
applicable entities to develop and
implement corrective action plans to
mitigate supplemental GMD event
vulnerabilities.
Comments are due July 23, 2018.
Comments, identified by
docket number, may be filed
electronically at https://www.ferc.gov in
acceptable native applications and
print-to-PDF, but not in scanned or
picture format. For those unable to file
electronically, comments may be filed
by mail or hand-delivery to: Federal
Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426. The
Comment Procedures Section of this
document contains more detailed filing
procedures.
FOR FURTHER INFORMATION CONTACT:
Justin Kelly (Technical Information),
Office of Electric Reliability, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, Telephone: (301) 665–1394,
Justin.Kelly@ferc.gov.
Matthew Vlissides (Legal Information),
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426, Telephone: (202) 502–8408,
Matthew.Vlissides@ferc.gov.
SUPPLEMENTARY INFORMATION:
1. Pursuant to section 215 of the
Federal Power Act (FPA), the
Commission proposes to approve
Reliability Standard TPL–007–2
(Transmission System Planned
Performance for Geomagnetic
Disturbance Events).1 The Commission
also proposes to approve the associated
violation risk factors and violation
severity levels, implementation plan,
and effective date for proposed
Reliability Standard TPL–007–2. The
North American Electric Reliability
Corporation (NERC), the Commissioncertified Electric Reliability
Organization (ERO), submitted proposed
Reliability Standard TPL–007–2 for
approval in response to a Commission
directive in Order No. 830.2
Geomagnetic disturbance events (GMDs)
occur when the sun ejects charged
particles that interact with and cause
changes in the earth’s magnetic fields.
This interaction can cause
geomagnetically induced currents (GICs)
to flow in an electric power system and,
depending on various factors affecting
the intensity of the current, can result in
DATES:
ADDRESSES:
1 16
U.S.C. 824o (2012).
2 Reliability Standard for Transmission System
Planned Performance for Geomagnetic Disturbance
Events, Order No. 830, 156 FERC ¶ 61,215 (2016),
reh’g denied, 158 FERC ¶ 61,041 (2017).
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
a risk of voltage instability or voltage
collapse, as well as equipment loss or
failure.
2. Proposed Reliability Standard TPL–
007–2 modifies currently-effective
Reliability Standard TPL–007–1
(Transmission System Planned
Performance for Geomagnetic
Disturbance Events) by requiring
applicable entities to: (1) Conduct
supplemental GMD vulnerability
assessments and thermal impact
assessments; (2) obtain GIC and
magnetometer data; and (3) meet certain
deadlines for the development and
completion of tasks in corrective action
plans.
3. The Commission proposes to
approve proposed Reliability Standard
TPL–007–2 as it largely addresses (with
one exception discussed below) the
directives in Order No. 830 to modify
currently-effective Reliability Standard
TPL–007–1: (1) To revise the benchmark
GMD event definition, as it pertains to
the required GMD Vulnerability
Assessments and transformer thermal
impact assessments, so that the
definition is not based solely on
spatially-averaged data; (2) to require
the collection of necessary GIC
monitoring and magnetometer data; and
(3) to include a one-year deadline for
the completion of corrective action
plans and two- and four-year deadlines
to complete mitigation actions involving
non-hardware and hardware mitigation,
respectively.
4. While proposed Reliability
Standard TPL–007–2 addresses the first
directive in Order No. 830 by requiring
applicable entities to conduct
supplemental GMD vulnerability and
thermal impact assessments, which do
not rely solely upon on spatiallyaveraged data, the proposed Reliability
Standard does not require applicable
entities to mitigate vulnerabilities
identified pursuant to such a
supplemental assessment.3 NERC’s
proposal to modify the benchmark, but
then allow entities the discretion to take
corrective action based solely on the
results of the spatially-averaged data
while taking under advisement (‘‘an
evaluation of possible actions’’) the
results of the supplemental assessment,
does not satisfy the clear intent of the
Commission’s directive. Moreover,
Order No. 830 reiterated the directive in
Order No. 779 that NERC develop a
second stage GMD Reliability Standard
requiring GMD vulnerability
3 See Order No. 830, 156 FERC ¶ 61,215 at P 44
(directing NERC to ‘‘develop revisions to the
benchmark GMD event definition so that the
reference peak geoelectric field amplitude
component is not based solely on spatially-averaged
data’’).
E:\FR\FM\23MYP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Proposed Rules]
[Pages 23848-23854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11002]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 8 and 141
[Docket No. RM18-14-000]
Elimination of Form 80 and Revision of Regulations on
Recreational Opportunities and Development at Licensed Hydropower
Projects
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing to amend regulations to eliminate the Licensed Hydropower
Development Recreation Report, designated as FERC Form No. 80 (Form
80). Form 80 solicits information on the use and development of
recreation facilities at hydropower projects licensed by the Commission
under the Federal Power Act. In addition, the Commission proposes to
further revise its regulations related to recreational use and
development at licensed projects in order to modernize public notice
practices, clarify recreational signage requirements, and provide
flexibility to assist licensees' compliance efforts.
DATES: Comments are due July 23, 2018.
ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
Electronic Filing through https://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures section of this document.
FOR FURTHER INFORMATION CONTACT: Jon Cofrancesco (Technical
Information), Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426, (202) 502-8951,
[email protected]. Tara DiJohn (Legal Information), Office of
the General Counsel, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426, (202) 502-8671, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph No.
I. Background........................................ 2
II. Proposed Rule.................................... 4
A. Removal of Section 8.11--Information 4
Respecting Use and Development of Public
Recreational Opportunities......................
1. Background................................ 4
2. Proposed Elimination of Form 80........... 5
3. Implications for Existing Licenses........ 9
4. Removal of Section 141.14--Form No. 80, 13
Licensed Hydropower Development Recreation
Report......................................
B. Amendments of 18 CFR 8.1, and 8.2............. 14
1. Section 8.1--Publication of License 15
Conditions Relating to Recreation...........
2. Section 8.2--Posting of Project Lands as 17
to Recreation Use and Availability of
Information.................................
III. Regulatory Requirements......................... 20
A. Information Collection Statement.............. 20
B. Environmental Analysis........................ 36
C. Regulatory Flexibility Act.................... 37
D. Comment Procedures............................ 42
E. Document Availability......................... 46
1. The Federal Energy Regulatory Commission (Commission) proposes
to remove section 8.11 of its regulations, eliminating the requirement
for licensees to file a Licensed Hydropower Development Recreation
Report, designated as FERC Form No. 80 (Form 80). Form 80 solicits
information on the use and development of recreation facilities at
hydropower projects licensed by the Commission under the Federal Power
Act (FPA). In addition, the Commission proposes to revise sections 8.1
and 8.2 of its regulations to modernize public notice practices,
clarify recreational signage requirements, and provide flexibility to
assist licensees' compliance efforts.
I. Background
2. Section 10(a)(1) of the FPA requires the Commission to ensure
that any licensed project is best adapted to a comprehensive plan for
improving and developing a waterway for a variety of beneficial public
uses, including recreational use.\1\ Although section 10(a) of the
Federal Water Power Act of June 10, 1920 \2\ did not refer specifically
to recreation, in 1935 when the Federal Water Power Act was re-enacted
as Part I of the Federal Power Act,\3\ the words `including
recreational purposes' were added to section 10(a) to make clear that
recreation considerations were to be
[[Page 23849]]
included in comprehensive development of the nation's water resources.
Pursuant to this obligation, the Commission required licensees to allow
public access to project lands and waters for recreational use and
began to include standard conditions in licenses for the provision of
such recreational facilities. In the 1960s, the Commission developed
specific policies and practices to ensure that licensees provided
reasonable recreational opportunities and notice of such opportunities
to the public. In 1963, the Commission began requiring recreational use
plans for the full public utilization of project waters and lands for
recreation,\4\ and in 1965 amended its regulations by adding Part 8,
entitled ``Recreation Opportunities and Development at Licensed
Projects,'' in order to require licensees to widely publicize to the
general public recreational opportunities at individual projects.\5\
Order 313, issued on December 27, 1965, amended the Commission's
general policy regulations (18 CFR part 2) by adding section 2.7 to
clarify that licensees whose projects include land and water resources
with outdoor recreational potential have a responsibility for the
development of those resources in accordance with area needs, to the
extent that such development is not inconsistent with the primary
purpose of the project.\6\ In 1966, the Commission further amended Part
8 of its regulations to require licensees to file Form 80, a report
that provides an inventory of the use and development of recreational
facilities at each development contained within a licensed project.\7\
---------------------------------------------------------------------------
\1\ See 16 U.S.C. 803(a)(1) (2012).
\2\ 41 Stat. 1063.
\3\ 49 Stat. 838, 16 U.S.C. 791a-825r.
\4\ Exhibit R, 18 CFR 4.41, Order 260-A, on April 18, 1963, 29
FPC 777.
\5\ Publicizing License Conditions Relating to Recreational
Opportunities at Hydroelectric Projects, Order No. 299, 33 F.P.C.
1131 (1965) (Order 299). Section 1 of Part 8 requires licensees to
publicize license conditions related to recreation; section 2
requires licensees to post, at points of public access, signs
providing recreation use information and requires licensees to make
such information available for inspection; and section 3 requires
licensees to permit use without discrimination. 18 CFR 8.1-8.3.
\6\ Recreational Development at Licensed Projects, Order No.
313, 34 F.P.C. 1546, 1548 (1965) (Order 313).
\7\ Inventory of Recreation Facilities at Licensed Hydroelectric
Projects, Order No. 330, 36 F.P.C. 1030 (1966) (Order 330). Section
8.11 requires the filing of information on the use and development
of public recreation opportunities. 18 CFR 8.11 (2017).
---------------------------------------------------------------------------
3. Over the years, the Commission has continued to revise its
regulations to reflect the Commission's current public recreation
policies and practices. Once again, in this Notice of Proposed
Rulemaking the Commission proposes to modify certain recreation-related
regulations in order to eliminate unnecessary reporting requirements,
modernize public notice practices, clarify recreational signage
requirements, and provide flexibility to assist licensees' compliance
efforts. The regulations proposed for modification are discussed below.
II. Proposed Rule
A. Removal of Section 8.11--Information Respecting Use and Development
of Public Recreational Opportunities
1. Background
4. Section 8.11 requires licensees to file Form 80, a report on the
use and development of recreational facilities at each development
contained within a licensed project, on April 1 of every sixth year,
documenting data compiled during the previous calendar year.\8\ For
each project development,\9\ the Form 80 requires licensees to report
the number of visits (i.e., recreation days),\10\ the use capacity of
each type of public recreation facility, and the total annual cost to
develop, operate, and maintain the public recreation facilities. In
order to complete the Form 80, licensees must collect data on
recreation use, facilities, and capacity for a 12-month period.
Licensees may request an exemption from the Form 80 requirement if they
demonstrate that a project development has little or no existing or
potential recreational use (i.e., less than 100 recreation days per
year).\11\
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\8\ Modification of Hydropower Procedural Regulations, Including
the Deletion of Certain Outdated or Non-Essential Regulations, Order
No. 540, FERC Stats. & Regs. ] 30,944 (1992). Order 330 originally
required licensees to file a Form 80 every two years. 36 F.P.C.
1030, 1031. However, the Commission subsequently amended section
8.11 to revise the form and reduce the filing frequency. See
Revision of Licensed Hydropower Development Recreation Report: FERC
Form No. 80, Order No. 179, FERC Stats. & Regs. ] 30,295 (1981)
(consolidating, simplifying, and reducing the size of the Form 80 by
approximately 60 percent); Deletion of a 1987 Filing Requirement for
FERC Form No. 80, Order No. 419, FERC Stats. & Regs. ] 60,640 (1985)
(committing to re-evaluate the need for Form 80, and take further
action if Form 80 is found unnecessary or in need of modification).
\9\ Most licensed projects have only one project development.
However, licensees of projects with more than one development must
file a separate Form 80 report for each development.
\10\ The Form 80 defines a recreation day as each visit by a
person to a development for recreational purposes during any portion
of a 24-hour period.
\11\ 18 CFR 8.11(c) (2017).
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2. Proposed Elimination of Form 80
5. In 1965, when use of the Form 80 was first adopted, most
licensed projects did not have individual recreation plans or specific
recreation development requirements set out in the license. However,
today many licensed projects with significant recreation opportunities
have project-specific license conditions that require licensees to
prepare and implement a recreation plan, conduct recreation monitoring,
and/or file periodic updates to an approved recreation plan.\12\ Such
project-specific license requirements are tailored to the recreation
opportunities provided by the individual project, allowing licensees
and Commission staff to better evaluate and address public recreation
needs over time. Consequently, the information contained in the Form 80
may be duplicative and of limited use to Commission staff when compared
to the more detailed and descriptive recreation information submitted
to the Commission in response to project-specific recreation
requirements.
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\12\ In addition, between fiscal years 2016 and 2030, over 500
projects will begin the relicensing process. During relicensing, the
Commission's Division of Hydropower Licensing will evaluate the need
for, and may require, project-specific recreation monitoring in new
licenses on a case-by-case basis.
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6. Licensees for projects with limited recreation opportunities are
also required to file Form 80 reports every six years, unless exempted
from this requirement. Although these projects may not have approved
recreation plans or recreation-related monitoring requirements given
the limited recreation opportunities at such projects, the periodic
submission of Form 80 reports does not provide an effective means to
determine whether these projects are meeting public recreation needs.
Commission staff utilizes other tools to evaluate recreation
development and use at the licensed projects with minimal recreation
opportunities, such as periodic project inspections and investigation
of non-compliance allegations (e.g., any recreation-related inquiries
or complaints submitted by resource agencies, recreation users, or
local residents).
7. Moreover, Commission staff reports limited use of Form 80 data
and cites concerns about the data's validity and lack of specificity.
Commission staff generally views the Form 80 as a secondary source,
using the reported data to confirm existing recreation data or to
identify additional information to be requested from the licensee.
Similarly, Commission staff experience indicates that resource agencies
and outside entities often view Form 80 data as unreliable or
insufficient to accurately document recreation use and facility
capacity. Finally, advances in technology since the advent of the Form
80 (e.g., websites, Google Earth, and the Commission's eLibrary system)
allow
[[Page 23850]]
interested parties and the general public to more effectively obtain
information about a project's recreational opportunities and any
recreation-related license requirements.
8. For these reasons, the Commission proposes to remove section
8.11 from its regulations, eliminating the requirement for licensees to
file the Form 80. This proposed change would result in reduced burden
for licensees and Commission staff alike. If eliminated, licensees
would no longer be required to collect and validate Form 80 data and
Commission staff resources would not be allocated to performing Form
80-related responsibilities (e.g., responding to licensee inquiries;
performing database maintenance; addressing non-compliance matters
related to overdue, incomplete, or inaccurate Form 80 filings; and
acting on exemption requests).
3. Implications for Existing Licenses
9. With the removal of section 8.11, existing licensees would no
longer be required to collect, validate, and submit recreational data
through Form 80. Nonetheless, the Commission will expect licensees to
monitor the recreational resources provided by their projects in order
to fulfill any project-specific license requirements and the general
obligations set forth in section 2.7 of the Commission's regulations.
Among other things, section 2.7 requires licensees to develop suitable
recreation facilities, provide adequate public access, and determine
public recreation needs.\13\ Implicit in these obligations is the
expectation that a licensee will ensure that recreation development is
operated and maintained in a manner that is safe for public use,
responsive to public recreation needs, and consistent with project
purposes throughout the license term.
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\13\ 18 CFR 2.7(a)-(c) (2017).
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10. The Commission expects that licensees will continue to monitor
project recreation resources in a manner appropriate for the type,
size, and quantity of public recreation opportunities provided by the
project. Projects with moderate to significant public recreation
opportunities typically require a greater level of monitoring and
oversight than projects that have little to no recreation
opportunities. Generally, licensees of projects with significant
recreational resources must comply with one, or several, project-
specific license articles requiring the licensee to: Develop certain
recreation facilities, prepare and implement a recreation management
plan, submit recreation reports, or conduct recreational use
monitoring. A licensee's continued compliance with such project-
specific conditions would satisfy this general monitoring
obligation.\14\
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\14\ If necessary, the Commission may require additional
recreation development or measures (e.g., recreation use monitoring)
during the license term. Licenses for major projects (i.e., projects
with an installed capacity that exceeds 1.5 megawatts) include a
standard condition (Article 17) that reserves authority for the
Commission to require a licensee to undertake additional recreation
development or measures during the license term based on its own
determination or in response to a request from Federal or State fish
and wildlife agencies, after opportunity for notice and hearing.
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11. Licensed projects with little to no recreation, including
projects that were previously exempted from the Form 80 reporting
requirement pursuant to section 8.11(c),\15\ are not expected to
implement any new or additional recreation monitoring efforts, but
should continue to comply with any project-specific license conditions
related to public recreation.
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\15\ 18 CFR 8.11(c) (2017).
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12. In the case where an existing license contains a condition, or
a recreation plan contains a provision, that ties a future filing or
other action to the Form 80 reporting schedule (i.e., April 1, 2021,
and every six years thereafter), licensees would still be required to
timely file any recreation-related plan, report, update, or other
specific information required by an existing license condition.\16\
Despite the proposed elimination of the Form 80 reporting requirement,
licensees would still be required to file the required recreation
submittal by April 1, 2021, and every six years thereafter, unless
otherwise specified in the license condition. A licensee may file an
application to amend any license condition or recreation plan that ties
the timing of future recreation filings to the Form 80 reporting
schedule. Such amendment applications would be considered by the
Commission on a case-by-case basis as a separate project-specific
proceeding.
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\16\ For example, certain license articles may require a
licensee to: (1) File a recreation use monitoring report in
conjunction with the Form 80 report; (2) file documentation showing
consultation on recreation use levels in conjunction with the Form
80 report; (3) conduct recreation use monitoring every six years in
conjunction with the Form 80 report; (4) file a report that assesses
whether a recreation plan update is needed every six years in
conjunction with the Form 80; and/or (5) file a report describing
whether public recreation needs are being met by the project every
six years in conjunction with the Form 80.
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4. Removal of Section 141.14--Form No. 80, Licensed Hydropower
Development Recreation Report
13. Added to the Commission's regulations alongside the Form 80
requirement in 1966,\17\ section 141.14 approved licensee use of Form
80 in the manner prescribed in section 8.11 of our regulations.\18\
Concurrently with the proposed removal of section 8.11, the Commission
proposes to remove section 141.14 of its regulations.
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\17\ Order 330, 36 F.P.C. 1030.
\18\ 18 CFR 141.14 (2017).
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B. Amendments of 18 CFR 8.1, and 8.2
14. In addition to the elimination of section 8.11, the Commission
proposes to amend sections 8.1 and 8.2 of its regulations to modernize
public notice practices, clarify recreational signage requirements, and
provide flexibility to assist licensees' compliance efforts.
1. Section 8.1--Publication of License Conditions Relating to
Recreation
15. Section 8.1 directs licensees to publicize information about
the availability of projects lands and waters for recreational
purposes, and any recreation-related license conditions.\19\ Section
8.1 requires licensees, at a minimum, to publish notice in a local
newspaper once each week for four weeks of any recreation-related
license conditions that the Commission may designate in an order
issuing or amending a license.\20\
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\19\ 18 CFR 8.1 (2017).
\20\ See id.
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16. In addition to publishing notice in the local newspaper, the
Commission proposes to require licensees with project websites to also
post notice of recreation-related license conditions on its website.
This requirement would only apply to a licensee that already has an
existing project website, or decides to develop a project website in
the future. This proposed change will ensure that the public is
informed of recreational opportunities and recreation-related license
conditions regardless of whether members of the public rely on a
newspaper or the internet as their main source of news and information.
2. Section 8.2--Posting of Project Lands as to Recreation Use and
Availability of Information
17. Section 8.2(a) requires the licensee to post at each public
access point a visible sign that identifies: The project name, project
owner, project number, directions to project areas available for public
recreation, permissible times and activities, and other regulations
regarding recreation use. Section 8.2(a) also requires licensees to
post visible notice that project recreation facilities are open to all
members of the public without discrimination. Section 8.2(b) directs
the licensee to make available for
[[Page 23851]]
inspection at its local offices the Commission-approved recreation plan
and the entire license order indexed for easy reference to the
recreation-related license conditions designated for publication in
accordance with section 8.1 of the Commission's regulations. As the
Commission explained in Order 299, the rationale behind the types of
public notice required by sections 8.1 and 8.2 is two-fold: (i) It puts
prospective purchasers of land in the project vicinity on notice of the
project's public access and recreation purposes; and (ii) it informs
the general public of the location and terms of use of the project's
recreation facilities.\21\
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\21\ Order 299, 33 F.P.C. 1131.
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18. The proposed amendments to section 8.2 clarify project signage
requirements and reflect modern public dissemination methods, such as
website publication. The Commission proposes to revise section 8.2(a)
to streamline the information licensees must include on recreation
signage at each public access point. The proposed revisions would
require signs to, at a minimum, identify: The project name and number,
and a statement that the project is licensed by the Commission; the
licensee name and contact information for obtaining additional project
recreation information; and permissible times and activities. This
proposed change reduces the information that must be included on
recreation signage, providing licensees greater flexibility to design
signs that effectively communicate the appropriate information needed
by public to use and enjoy the recreational opportunities afforded by a
particular project.
19. In addition, the Commission proposes to revise section 8.2(b)
to require licensees with project websites to include on their websites
copies of any approved recreation plan, recreation-related reports
approved by the Commission, and the entire license instrument. As with
the proposed revision to section 8.1, this requirement would only apply
to a licensee that already has an existing project website, or decides
to develop a project website in the future. This proposed changed would
allow the public to obtain information about a project's recreation
requirements by accessing the licensee's website, if applicable, or by
visiting the licensee's local office in the project vicinity.
III. Regulatory Requirements
A. Information Collection Statement
20. The Paperwork Reduction Act \22\ requires each federal agency
to seek and obtain the Office of Management and Budget's (OMB) approval
before undertaking a collection of information (including reporting,
record keeping, and public disclosure requirements) directed to ten or
more persons or contained in a rule of general applicability. OMB
regulations require approval of certain information collection
requirements contemplated by proposed rules (including deletion,
revision, or implementation of new requirements).\23\ Upon approval of
a collection of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of a
rule will not be penalized for failing to respond to the collection of
information unless the collection of information displays a valid OMB
control number.
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\22\ 44 U.S.C. 3501-3521 (2012).
\23\ See 5 CFR 1320.11 (2017).
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21. Public Reporting Burden: In this NOPR, the Commission proposes
to delete the Form 80 and to update the recreation-related requirements
of FERC-500 and FERC-505.
22. This proposed rule would eliminate an existing data collection,
FERC-80 (OMB Control No. 1902-0106), as well as modify certain
reporting and recordkeeping requirements included in FERC-500 (OMB
Control No 1902-0058) \24\ and FERC-505 (OMB Control No. 1902-
0115).\25\
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\24\ FERC-500 includes the reporting and recordkeeping
requirements for ``Application for License/Relicense for Projects
with Capacity Greater Than 5MW.''
\25\ FERC-505 includes the reporting and recordkeeping
requirements for ``Small Hydropower Projects and Conduit Facilities
including License/Relicense, Exemption, and Qualifying Conduit
Facility Determination.''
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23. Under the most recent Form 80 reporting cycle,\26\ 346
licensees prepared and filed 843 Form 80 reports.\27\ Every three
years, the Commission is required to request from OMB an extension of
any currently approved information collection. Since the Form 80 is
only filed every six years, the most recent annual burden and cost
figures provided to OMB were based on an estimate of 400 respondents.
To determine the total number of responses per year for OMB submittal
purposes, we multiplied the number of respondents (400) by the annual
number of responses per respondent (0.167) to arrive at 67 responses
per year. The Commission estimated the current public reporting burden
to be an average of three hours per form, with an associated cost of
approximately $224 per form. Because the Form 80 is filed every six
years, the estimated annualized cost to complete each form is $37.44,
with a total annual cost for all licenses of approximately $14,974.50.
This estimate includes the time required to review instructions,
research existing data sources, and complete and review the collection
of information.
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\26\ Licensees were required to file Form 80 reports by April 1,
2015, containing recreational use and development data compiled
during the 2014 calendar year.
\27\ For projects with more than one development, the licensee
is required to submit a Form 80 report for each development.
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24. This proposed rule, if adopted, would eliminate certain
information collection and recordkeeping requirements. The proposed
removal of the Form 80 report would eliminate the estimated annual
information collection burden (201 hours) and cost ($14,974.50)
associated with FERC-80 (OMB Control No. 1902-0106).\28\
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\28\ These figures are annual averages (for Paperwork Reduction
Act purposes) of the burden and cost for the six-year cycle for the
Form 80. The most recent OMB approval of the Form 80 was issued
December 8, 2016.
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25. In addition, the proposed revisions to sections 8.1 and 8.2,
associated with the FERC-500 and FERC-505 information collections,\29\
are intended to modernize public notice practices, clarify recreational
signage requirements, and provide flexibility to assist licensees'
compliance efforts. With regard to modernized public notice practices,
the proposed revisions would require licensees that have a project
website to (1) publish notice on its website of license conditions
related to recreation; and (2) maintain on its website copies of any
approved recreation plan, recreation-related reports, and the license
instrument. If a licensee does not have a project website, the website
publication requirements would not apply. Accordingly, there is a
slight increase in the reporting requirements and burden for FERC-500
and FERC-505.
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\29\ The Commission currently has 477 licenses for projects with
an installed capacity more than 5 MW (reporting requirements covered
by FERC-500) and 572 licenses for projects 5 MW or less (reporting
requirements covered by FERC-505).
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26. The estimated changes to the burden and cost of the information
collections affected by this NOPR follow.
[[Page 23852]]
Annual Changes Proposed by the NOPR in Docket No. RM18-14-000 \30\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Number of responses Total number of Average burden Total annual burden
respondents per responses hours and cost per hours and total Cost per respondent ($)
respondent response annual cost
(1) (2) (1) x (2) = (3)......... (4)................ (3) x (4) = 5...... (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-80 (reduction) \31\........ 400 \32\ 0.167 67 (rounded)............ 3 hrs.; $224 201 hrs.; $224 (reduction).
(rounded); $14,974.50
(reduction). (rounded);
(reduction).
FERC-500........................ \33\ 429 1 429..................... 0.5 hr.; $26.77 215 hrs.; $11,484 $26.77 (rounded).
(rounded). (rounded).
FERC-505........................ \34\ 286 1 286..................... 0.5 hr.; $26.77 143 hrs.; $7,656 $26.77 (rounded).
(rounded). (rounded).
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27. Titles: FERC Form 80 (Licensed Hydropower Development
Recreation Report), FERC-500 (Application for License/Relicense for
Water Projects with More than 5 Megawatt (MW) Capacity), and FERC-505
(Small Hydropower Projects and Conduit Facilities including License/
Relicense, Exemption, and Qualifying Conduit Facility Determination)
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\30\ Hourly costs are based on Bureau of Labor Statistics
figures for May 2017 wages in Sector 22--Utilities (https://www.bls.gov/oes/current/naics2_22.htm) and December 2017 benefits
(https://www.bls.gov/news.release/pdf/ecec.pdf). For web developers
(code 15-1134), the estimated average hourly cost (salary plus
benefits) is $53.53.
\31\ The figures are annualized figures contained in the current
OMB inventory for FERC-80. While OMB requires existing information
collections to be submitted for approval every three years, the
Commission's hydropower licenses are only required to submit the
Form 80 every six years. Therefore, the estimated figures for the
entire six-year Form 80 cycle would be a total of 400 respondents,
spending an estimated three hours per report, for a total of 1,200
hours.
\32\ This figure indicates that a respondent files a Form 80
once every six years.
\33\ We assume approximately 90 percent of the 477 for projects
with an installed capacity of more than 5 MW licenses (i.e., an
estimated 429 licenses) have project websites.
\34\ We assume approximately 50 percent of the 572 licenses for
projects 5 MW or less (i.e., an estimated 286 licenses) have project
websites.
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28. Action: Deletion of information collection (FERC-80), and
revisions to existing collections FERC-500 and FERC-505.
29. OMB Control Nos.: 1902-0106 (FERC-80), 1902-0058 (FERC-500),
and 1902-0115 (FERC-505).
30. Respondents: Hydropower licensees, including municipalities,
businesses, private citizens, and for-profit and not-for-profit
institutions.
31. Frequency of Information: Ongoing.
32. Necessity of Information: The Commission proposes the changes
in this NOPR in order to eliminate unnecessary reporting requirements,
modernize public notice practices, and clarify recreational signage
requirements.
33. Internal Review: The Commission has reviewed the proposed
changes and has determined that such changes are necessary. These
requirements conform to the Commission's need for efficient information
collection, communication, and management within the energy industry.
The Commission has specific, objective support for the burden estimates
associated with the information collection requirements.
34. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426 [Attention: Ellen Brown,
Office of the Executive Director], by email to [email protected],
by phone (202) 502-8663, or by fax (202) 273-0873.
35. Comments concerning the collections of information and the
associated burden estimates may also be sent to: Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW, Washington, DC 20503 [Attention: Desk Officer for the
Federal Energy Regulatory Commission]. Due to security concerns,
comments should be sent electronically to the following email address:
[email protected]. Comments submitted to OMB should refer to
FERC-80, FERC-500, and FERC-505 and OMB Control Nos. 1902-0106 (FERC-
80), 1902-0058 (FERC-500), and 1902-0115 (FERC-505).
B. Environmental Analysis
36. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant effect on the human environment.\35\ Excluded from
this requirement are rules that are clarifying, corrective, or
procedural, or that do not substantially change the effect of
legislation or the regulations being amended.\36\ This proposed rule
would update the Commission's recreation-related regulations by
clarifying public notice and signage requirements, and eliminating
unnecessary reporting requirements. Because this rule is clarifying and
procedural in nature, preparation of an Environmental Assessment or
Environmental Impact Statement is not required.
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\35\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
\36\ 18 CFR 380.4(a)(2)(ii) (2017).
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C. Regulatory Flexibility Act
37. The Regulatory Flexibility Act of 1980 (RFA) \37\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and minimize any
significant economic impact on a substantial number of small
entities.\38\ In lieu of preparing a regulatory flexibility analysis,
an agency may certify that a proposed rule will not have a significant
economic impact on a substantial number of small entities.\39\
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\37\ 5 U.S.C. 601-612 (2012).
\38\ 5 U.S.C. 603(c) (2012).
\39\ 5 U.S.C. 605(b) (2012).
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38. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\40\
The SBA size standard for electric utilities (effective January 22,
2014) is based on the number of employees, including affiliates.\41\
Under SBA's current size standards, a hydroelectric power generator
(NAICS code 221111) \42\ is small if, including its affiliates, it
employs 500 or fewer people.\43\
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\40\ 13 CFR 121.101 (2017).
\41\ SBA Final Rule on ``Small Business Size Standards:
Utilities,'' 78 FR 77,343 (Dec. 23, 2013).
\42\ The North American Industry Classification System (NAICS)
is an industry classification system that Federal statistical
agencies use to categorize businesses for the purpose of collecting,
analyzing, and publishing statistical data related to the U.S.
economy. United States Census Bureau, North American Industry
Classification System, https://www.census.gov/eos/www/naics/
(accessed April 11, 2018).
\43\ 13 CFR 121.201, Sector 22, Utilities (2017).
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39. This proposed rule directly affects all hydropower licensees
that are currently required to file the Form 80. The proposal, if
adopted, would remove the Form 80 filing requirement, eliminating (for
small and large entities) the cost of $224 associated with filing the
Form 80 every six years.
[[Page 23853]]
40. In addition, the proposed revisions to sections 8.1 and 8.2 of
the Commission's regulations would directly affect all hydropower
licensees of projects that offer existing or potential recreational use
opportunities. The proposed revisions are intended to modernize public
notice practices, clarify recreational signage requirements, and
provide flexibility to assist licensees' compliance efforts. We expect
the clarified signage requirements to benefit licensees by providing
them more flexibility to design recreation-related signage strategies
that best fit the needs of their individual projects. To modernize
public notice practices, the proposed revisions would require licensees
that have a project website, or develop one in the future, to publish
and maintain certain recreation-related information on its website. If
a licensee does not have a project website, the website publication
requirements would not apply. Therefore, there is a slight increase in
the information collection reporting requirements and burden for FERC-
500 and FERC-505.\44\ However, we do not anticipate the impact on
affected entities, regardless of their status as a small or large
entity, to be significant.
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\44\ In the Information Collection section, we estimated the
average burden and cost per respondent to be approximately 30
minutes and $26.77 per year.
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41. Accordingly, pursuant to section 605(b) of the RFA, the
Commission certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities.
D. Comment Procedures
42. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due July 23, 2018. Comments must refer to
Docket No. RM18-14-000, and must include the commenter's name, the
organization they represent, if applicable, and their address.
43. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at https://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
44. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
45. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.
E. Document Availability
46. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and print the contents of this document via the
internet through the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington, DC 20426.
47. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
48. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202)502-8659. Email the Public Reference Room at
[email protected].
List of Subjects
18 CFR Part 8
Electric power, Recreation and recreation areas, Reporting and
recordkeeping requirements.
18 CFR Part 141
Electric power, Reporting and recordkeeping requirements.
By direction of the Commission.
Issued: May 17, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Federal Energy Regulatory
Commission proposes to amend parts 8 and 141, Chapter I, Title 18, Code
of Federal Regulations, as follows:
PART 8--RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED
PROJECTS
0
1. The authority citation for part 8 continues to read as follows:
Authority: 5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 42 U.S.C.
7101-7352.
0
2. Revise Sec. 8.1 to read as follows:
Sec. 8.1 Publication of license conditions relating to recreation.
Following the issuance or amendment of a license, the licensee
shall make reasonable efforts to keep the public informed of the
availability of project lands and waters for recreational purposes, and
of the license conditions of interest to persons who may be interested
in the recreational aspects of the project or who may wish to acquire
lands in its vicinity. Such efforts shall include, but are not limited
to: The publication of notice in a local newspaper once each week for 4
weeks, and publication on any project website, of the project's license
conditions which relate to public access to and the use of the project
waters and lands for recreational purposes, recreational plans,
installation of recreation and fish and wildlife facilities, reservoir
water surface elevations, minimum water releases or rates of change of
water releases, and such other conditions of general public interest as
the Commission may designate in the order issuing or amending the
license.
0
3. Revise Sec. 8.2 to read as follows:
Sec. 8.2 Posting of project lands as to recreational use and
availability of information.
(a) Following the issuance or amendment of a license, the licensee
shall post and maintain at all points of public access required by the
license (or at such access points as are specifically designated for
this purpose by the licensee) and at such other points as are
subsequently prescribed by the Commission on its own motion or upon the
recommendation of a public recreation agency operating in the project
vicinity, a conspicuous sign that, at a minimum, identifies: The FERC
project name and number, and a statement that the project is licensed
by the Commission; the licensee name and contact information for
obtaining additional project recreation information; and permissible
times and activities. In addition, the licensee shall post at such
locations conspicuous notice that the recreation facilities are open to
all members of the public without discrimination.
(b) The licensee shall make available for inspection at its local
offices in the
[[Page 23854]]
project vicinity, and on any project website, the approved recreation
plan, any recreation-related reports approved by the Commission, and
the entire license instrument, properly indexed for easy reference to
the license conditions designated for publications in Sec. 8.1.
Sec. 8.11 [Removed]
0
4. Remove Sec. 8.11.
PART 141--STATEMENTS AND REPORTS (SCHEDULES)
0
5. The authority citation for part 141 continues to read as follows:
Authority: 15 U.S.C. 79; 15 U.S.C. 717-717z; 16 U.S.C. 791a-
828c, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352.
Sec. 141.14 [Removed]
0
6. Remove 141.14.
[FR Doc. 2018-11002 Filed 5-22-18; 8:45 am]
BILLING CODE 6717-01-P
