Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices 44833 

NW., room 6098, Washington, DC 

20006–8521. Telephone: (202) 502–7625 

or by e-mail: michelle.guilfoil@ed.gov. 

The agency contact person does not 

mail application materials and does not 

accept applications. 

If you use a TDD, call the FRS, tollfree, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under For Further 

Information Contact in Section VII of 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF), on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF, you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Daniel T. Madzelan, Director, 

Forecasting and Policy Analysis for the 

Office of Postsecondary Education, to 

perform the functions and duties of the 

Assistant Secretary for Postsecondary 

Education. 

Dated: August 26, 2009. 

Daniel T. Madzelan, 

Director, Forecasting and Policy Analysis. 

[FR Doc. E9–20961 Filed 8–28–09; 8:45am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. IC09–500–001 and IC09–505– 

001] 

Commission Information Collection 

Activities (FERC–500 and FERC–505); 

Comment Request; Submitted for OMB 

Review 

August 24, 2009. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice. 

SUMMARY: In compliance with the 

requirements of section 3507 of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3507, the Federal Energy 

Regulatory Commission (Commission or 

FERC) has submitted the information 

collections described below to the 

Office of Management and Budget 

(OMB) for review of the information 

collection requirements. Any interested 

person may file comments directly with 

OMB and should address a copy of 

those comments to the Commission as 

explained below. The Commission 

received no comments in response to 

the Federal Register notice (74 FR 

16377, 4/10/2009) and has made this 

notation in its submissions to OMB. 

DATES: Comments on the collections of 

information are due by September 30, 

2009. 

ADDRESSES: Address comments on the 

collections of information to the Office 

of Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention: Federal Energy Regulatory 

Commission Desk Officer. Comments to 

OMB should be filed electronically, c/o 

oira__submission@omb.eop.gov and 

include OMB Control Numbers 1902– 

0058 (for FERC–500) and 1902–0115 (for 

FERC–505) as points of reference. For 

comments that pertain to only one of the 

collections, specify the appropriate 

collection. The Desk Officer may be 

reached by telephone at 202–395–4638. 

A copy of the comments should also 

be sent to the Federal Energy Regulatory 

Commission and should refer to Docket 

Nos. IC09–500–001 and IC09–505–001. 

Comments may be filed either 

electronically or in paper format. Those 

persons filing electronically do not need 

to make a paper filing. Documents filed 

electronically via the Internet must be 

prepared in an acceptable filing format 

and in compliance with the Federal 

Energy Regulatory Commission 

submission guidelines. Complete filing 

instructions and acceptable filing 

formats are available at http:// 

www.ferc.gov/help/submission-guide/ 

user-guide.pdf. To file the document 

electronically, access the Commission’s 

Web site and click on Documents & 

Filing, E–Filing (http://www.ferc.gov/ 

docs-filing/efiling.asp), and then follow 

the instructions for each screen. First 

time users will have to establish a user 

name and password. The Commission 

will send an automatic 

acknowledgement to the sender’s e-mail 

address upon receipt of comments. 

For paper filings, an original and 2 

copies of the comments should be 

submitted to the Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street, NE., 

Washington, DC 20426, and should refer 

to Docket Nos. IC09–500–001 and IC09– 

505–001. 

All comments may be viewed, printed 

or downloaded remotely via the Internet 

through FERC’s homepage using the 

‘‘eLibrary’’ link. For user assistance, 

contact fercolinesupport@ferc.gov or 

toll-free at (866) 208–3676 or for TTY, 

contact (202) 502–8659. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Brown may be reached by 

telephone at (202) 502–8663, by fax at 

(202) 273–0873, and by e-mail at 

ellen.brown@ferc.gov. 

SUPPLEMENTARY INFORMATION: For the 

purpose of publishing this notice and 

seeking public comment, FERC requests 

comments on both FERC–500 

(‘‘Application for License/Relicense for 

Water Projects with Capacity Greater 

than 5 MW’’; OMB Control No. 1902– 

0058) and FERC–505 (‘‘Application for 

License/Relicense for Water Projects 

with Capacity 5 MW or Less’’; OMB 

Control No. 1902–0115). The associated 

regulations, reporting requirements, 

burdens, and OMB clearance numbers 

will continue to remain separate and 

distinct for FERC–500 and FERC–505. 

FERC–500: The information collected 

under the requirements of FERC–500 is 

used by the Commission to determine 

the broad impact of a hydropower 

project (including hydrokinetic projects) 

license application. In deciding whether 

to issue a license, the Commission gives 

equal consideration to a full range of 

licensing purposes related to the 

potential value of a stream, river, or 

other navigable waterway including the 

oceans. Among these purposes are: 

hydroelectric or hydrokinetic 

development; energy conservation; fish 

and wildlife resources (including their 

spawning grounds and habitat); visual 

resources; cultural resources; 

recreational opportunities; other aspects 

of environmental quality; irrigation; 

flood control and water supply. 

Submittal of the information is 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
44834 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices 

1These figures may not be exact, due to rounding. 

necessary to fulfill the requirements of 

the Federal Power Act in order for the 

Commission to determine whether the 

proposal is best adapted to a 

comprehensive plan for improving or 

developing a waterway(s). 

Under Part I of the Federal Power Act 

(FPA; 16 U.S.C. 791a et seq.), the 

Commission has the authority to issue 

licenses for hydroelectric projects on the 

waters over which Congress has 

jurisdiction. The Electric Consumers 

Protection Act (ECPA; Pub. L. 99–495, 

100 Stat. 1243) provides the 

Commission with the responsibility of 

issuing licenses for nonfederal 

hydroelectric plants. ECPA also 

amended the language of the FPA 

concerning environmental issues to 

ensure environmental quality. In Order 

No. 2002 (68 FR 51070, August 25, 

2003), the Commission revised its 

regulations to create a new licensing 

process in which a potential license 

applicant’s pre-filing consultation and 

the Commission’s scoping process 

pursuant to the National Environmental 

Policy Act (NEPA; 42 U.S.C. 4321) are 

conducted concurrently rather than 

sequentially. 

The information collected is needed: 

(1) To evaluate license applications 

pursuant to the comprehensive 

development standard of FPA sections 

4(e) and 10(a)(1), (2) to consider the 

comprehensive development analysis of 

certain factors with respect to the new 

license set forth in section 15, and (3) 

to comply with NEPA, Endangered 

Species Act (16 U.S.C. 1531 et seq.) and 

the National Historic Preservation Act 

(16 U.S.C. 470 et seq.). FERC staff 

conducts a systematic review of the 

application, with supplemental 

documentation provided through the 

solicitation of comments from other 

agencies and the public. 

Submittal of the FERC–500 

information is necessary for the 

Commission to carry out its Statutory 

responsibilities as defined in the filing 

requirements in 18 CFR 4.32, 4.38, 4.40– 

41, 4.50–51, 4.61, 4.71, 4.93, 4.107–108, 

4.201–.202, Part 5, 16.1, 16.10, 16.20, 

292.203 and 292.208. 

FERC–505: Submission of the 

information is necessary for the 

Commission to carry out its 

responsibilities in implementing the 

statutory provisions of Part I of the FPA 

(16 U.S.C. 791a et seq. & 3301–3432, as 

amended by the ECPA (Pub. L. 99–495, 

100 Stat. 1234 (1986)). The FPA as 

amended by ECPA provides the 

Commission with the responsibility of 

issuing licenses for nonfederal 

hydroelectric power plants, plus 

requiring the Commission in its 

licensing activities to give equal 

consideration to preserving 

environmental quality. ECPA also 

amended sections 10(a) and 10(j) of the 

FPA to specify the conditions on which 

hydropower licenses are issued, to 

direct that the project be adopted in 

accordance with a comprehensive plan 

that improves waterways for interstate/ 

foreign commerce and for the 

protection, enhancement and mitigation 

of damages to fish and wildlife. 

Submittal of the information is 

necessary to fulfill the requirements of 

Sections 9 and 10(a) of the Act in order 

for the Commission to make the 

required finding that the proposal is 

technically and environmentally sound, 

and is best adapted to a comprehensive 

plan for the development of the water 

resources of the region. Under section 

405(c) of the Public Utility Regulatory 

Policies Act of 1978 (PURPA), the 

Commission may in its discretion (by 

rule or order) grant an exemption in 

whole or in part from the requirements 

of Part I of the FPA to small 

hydroelectric power projects having a 

proposed installed capacity of 5,000 

kilowatts or less (5–MW exemption). 

The filing requirements to prepare an 

application for a 5–MW exemption in 

lieu of a licensing application are also 

included in this analysis. The 

information collected under FERC–505 

is used by Commission staff to 

determine the broad impact of a license 

(including licenses for hydrokinetic 

projects) or exemption application. 

The information collected for license 

applications is needed to evaluate the 

hydroelectric project pursuant to the 

comprehensive development standard 

of FPA sections 4(e) and 10(a)(1), to 

consider in the comprehensive 

development analysis certain factors 

with respect to the new license as set 

forth in section 15, and to comply with 

NEPA, the Endangered Species Act (16 

U.S.C. 1531 et seq.) and the National 

Historic Preservation Act (16 U.S.C. 470 

et seq.). The information collected for 5– 

MW exemption applications is needed 

to evaluate the hydroelectric project for 

compliance with NEPA, the Endangered 

Species Act (16 U.S.C. 1531 et seq.), and 

the National Historic Preservation Act 

(16 U.S.C. 470 et seq.). FERC staff 

conducts a systematic review of the 

prepared application with supplemental 

documentation provided by the 

solicitation of comments from other 

agencies and the public. 

The filing requirements are contained 

in 18 CFR 4.61, 4.71, 4.93, 4.107, 4.108, 

4.201, 4.202, Part 5, 292.203, and 

292.208. 

ACTION: The Commission is requesting 

three-year extensions of the current 

expiration dates for FERC–500 and 

FERC–505, with no change to the 

existing reporting requirements. 

Burden Statement: The estimated 

annual public reporting burdens and the 

associated public costs follow.1

Data collection 2 thnsp;3

Projected 

number of 

respondents 

Number of responses per 

respondent 

Projected average burden 

hours per 

response 

Total annual 

burden hours 

Annual Estimate for FERC–500 .................................................................... 6 1 105,839 .5 635,037 

Annual Estimate for FERC–505 .................................................................... 16 1 3,674 58,782 

2Per sections 4.41(e)(9), 4.51(e)(7) and 4.61(c)(3), applicants are now required to submit their total cost of collection; these figures were used 

in determining the average burden hours. The information presented here is based on actual Fiscal Year (FY) 2007 and FY 2008 filings. 3The Commission has three licensing processes; each process has its own requirements and schedules. More details are available at http://

www.ferc.gov/industries/hydropower/gen-info/licensing/licen-pro.asp. 

Using actual cost figures provided by 

filers 2, the average annual cost per 

respondent is estimated as follows. 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices 44835 

Data collection 

Number of filers 

providing actual 

cost figures 

Total annual cost 

of collection, for 

the filers providing 

data in column 2 

($) 2

Projected average 

annual cost per 

respondent ($) 

(1) (2) (3) (3)/(2) 

FERC–500 ................................................................................................................. 17 $109,331,372 $6,431,257 

FERC–505 ................................................................................................................. 14 3,123,000 223,071 

The reporting burden 2 includes the 

total time, effort, or financial resources 

expended to generate, maintain, retain, 

disclose, or provide the information 

including: (1) Reviewing instructions; 

(2) developing, acquiring, installing, and 

utilizing technology and systems for the 

purposes of collecting, validating, 

verifying, processing, maintaining, 

disclosing and providing information; 

(3) adjusting the existing ways to 

comply with any previously applicable 

instructions and requirements; (4) 

training personnel to respond to a 

collection of information; (5) searching 

data sources; (6) completing and 

reviewing the collection of information; 

and (7) transmitting, or otherwise 

disclosing the information. 

The estimate of cost for respondents 2

is based upon salaries for professional 

and clerical support, as well as direct 

and indirect overhead costs. Direct costs 

include all costs directly attributable to 

providing this information, such as 

administrative costs and the cost for 

information technology. Indirect or 

overhead costs are costs incurred by an 

organization in support of its mission. 

These costs apply to activities which 

benefit the whole organization rather 

than any one particular function or 

activity. 

Comments are invited on: (1) Whether 

the proposed collections of information 

are necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s 

estimates of the burden of the proposed 

collections of information, including the 

validity of the methodology and 

assumptions used; (3) ways to enhance 

the quality, utility and clarity of the 

information to be collected; and (4) 

ways to minimize the burden of the 

collections of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–20850 Filed 8–28–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2547–092] 

Village of Swanton, VT; Notice of 

Application Accepted for Filing, 

Soliciting Motions To Intervene and 

Protests, and Soliciting Comments, 

Recommendations, Terms and 

Conditions, and Fishway Prescriptions 

August 21, 2009. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Type of Application: Amendment 

of License. 

b. Project No.: 2547–092. 

c. Date filed: June 4, 2009. 

d. Applicant: Village of Swanton, 

Vermont (Village). 

e. Name of Project: Highgate Falls 

Project. 

f. Location: The project is located on 

the Missisquoi River in Franklin 

County, Vermont. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791(a)–825(r). 

h. Applicant Contact: Mr. Paul V. 

Nolan, 5515 North 17th Street, 

Arlington, VA 22205–2722; telephone 

(703) 534–5509. 

i. FERC Contact: Tom Papsidero, 

telephone (202) 502–6002, and e-mail 

address thomas.papsidero@ferc.gov. 

j. Deadline for filing comments, 

protests, motions to intervene, 

recommendations, preliminary terms 

and conditions, and fishway 

prescriptions is 60 days from the 

issuance date of this notice; reply 

comments are due 105 days from the 

issuance date of this notice. All 

documents (original and eight copies) 

should be filed with: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. Please include 

the project number (P–2547–092) on any 

comments or motions filed. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person in the official service list 

for the project. Further, if an intervenor 

files comments or documents with the 

Commission relating to the merits of an 

issue that may affect the responsibilities 

of a particular resource agency, they 

must also serve a copy of the document 

on that resource agency. 

k. Description of Request: The Village 

proposes to install a turbine generator 

unit to increase total generating capacity 

by utilizing minimum flows that are 

currently passing over the rubber dam of 

the project. The new unit would consist 

of a single turbine generator with a 

capacity of 710 kilowatts (kW) and 

hydraulic capacity of 200 cubic feet per 

second (cfs). The total authorized 

capacity for the project would increase 

from 10,800 kW to 11,510 kW and the 

total hydraulic capacity of the project 

would increase from 1,906 cfs to 2,106 

cfs. 

l. Locations of Applications: A copy of 

the application is available for 

inspection and reproduction at the 

Commission in the Public Reference 

Room, located at 888 First Street, NE., 

Room 2A, Washington, DC 20426, or by 

calling (202) 502–8371. This filing may 

also be viewed on the Commission’s 

Web site at http://www.ferc.gov using 

the ‘‘eLibrary’’ link. Enter the docket 

number excluding the last three digits in 

the docket number field to access the 

document. For assistance, call toll-free 

1–866–208–3676 or e-mail 

FERCOnlineSupport@ferc.gov. For TTY, 

call (202) 502–8659. A copy is also 

available for inspection and 

reproduction at the address in item h 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene—Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 


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