[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47144-47145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17932]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[212D0102DM DS61100000 DLSN00000.000000 DX61101; OMB Control Number 
1094-0001]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; the 
Alternatives Process in Hydropower Licensing

AGENCY: Office of the Secretary, Office of Environmental Policy and 
Compliance, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the Office of the Secretary, Office of Environmental Policy and 
Compliance, Department of the Interior (we, OS-OEPC) are proposing to 
renew an information collection.

DATES: Interested persons are invited to submit comments on or before 
September 22, 2021.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's Desk Officer for the 
Department of the Interior by email at <a href="/cdn-cgi/l/email-protection#450a0c17041a163027282c36362c2a2b052a28276b202a356b222a33"><span class="__cf_email__" data-cfemail="e6a9afb4a7b9b593848b8f95958f8988a6898b84c8838996c8818990">[email protected]</span></a>; or 
via facsimile to (202) 395-5806. Please provide a copy of your comments 
to Dr. Shawn Alam, Office of Environmental Policy and Compliance, U.S. 
Department of the Interior, MS 2629-MIB, 1849 C Street NW, Washington, 
DC 20240; or by email to <a href="/cdn-cgi/l/email-protection#11427970667f4e507d707c51787e623f757e783f767e67"><span class="__cf_email__" data-cfemail="2e7d464f5940716f424f436e47415d004a414700494158">[email protected]</span></a>. Please reference OMB 
Control Number 1094-0001 in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Dr. Shawn Alam by email at 
<a href="/cdn-cgi/l/email-protection#23704b42544d7c624f424e634a4c500d474c4a0d444c55"><span class="__cf_email__" data-cfemail="5d0e353c2a33021c313c301d34322e73393234733a322b">[email protected]</span></a>, or by telephone at (202) 208-5465. You may also 
view the ICR at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps us assess the impact 
of our information collection requirements and minimize the public's 
reporting burden. It also helps the public understand our information 
collection requirements and provide the requested data in the desired 
format.
    On April 5, 2021, we published a Federal Register notice with a 60-
day

[[Page 47145]]

public comment period soliciting comments on this collection of 
information (86 FR 17634). We received no comments in response to that 
notice.
    We are again soliciting comments on the proposed ICR that is 
described below. We are especially interested in public comment 
addressing the following issues: (1) Is the collection necessary to the 
proper functions of the OS-OEPC; (2) will this information be processed 
and used in a timely manner; (3) is the estimate of burden accurate; 
(4) how might the OS-OEPC enhance the quality, utility, and clarity of 
the information to be collected; and (5) how might the OS-OEPC minimize 
the burden of this collection on the respondents, including through the 
use of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    Abstract: The OMB regulations at 5 CFR part 1320, which implement 
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., require 
that interested members of the public and affected agencies have an 
opportunity to comment on information collection and recordkeeping 
activities (see 5 CFR 1320.8 (d)).
    On November 23, 2016, the Departments of Agriculture, the Interior, 
and Commerce published a final rule on the March 31, 2015 revised 
interim final rule to the interim rule originally published in November 
2005 at 7 CFR part 1, 43 CFR part 45, and 50 CFR part 221, to implement 
section 241 of the Energy Policy Act of 2005 (EP Act), Public Law 109-
58, enacted on August 8, 2005. Section 241 of the EP Act added a new 
section 33 to the Federal Power Act (FPA), 16 U.S.C. 823d, that allowed 
the license applicant or any other party to the license proceeding to 
propose an alternative to a condition or prescription that one or more 
of the Departments develop for inclusion in a hydropower license issued 
by the Federal Energy Regulatory Commission (FERC) under the FPA. This 
provision required that the Department of Agriculture, the Department 
of the Interior, and the Department of Commerce collect the information 
covered by 1094-0001.
    Under FPA section 33, the Secretary of the Department involved must 
accept the proposed alternative if the Secretary determines, based on 
substantial evidence provided by a party to the license proceeding or 
otherwise available to the Secretary, (a) that the alternative 
condition provides for the adequate protection and utilization of the 
reservation, or that the alternative prescription will be no less 
protective than the fishway initially proposed by the Secretary, and 
(b) that the alternative will either cost significantly less to 
implement or result in improved operation of the project works for 
electricity production.
    In order to make this determination, the regulations require that 
all of the following information be collected: (1) A description of the 
alternative, in an equivalent level of detail to the Department's 
preliminary condition or prescription; (2) an explanation of how the 
alternative: (i) If a condition, will provide for the adequate 
protection and utilization of the reservation; or (ii) if a 
prescription, will be no less protective than the fishway prescribed by 
the bureau; (3) an explanation of how the alternative, as compared to 
the preliminary condition or prescription, will: (i) Cost significantly 
less to implement; or (ii) result in improved operation of the project 
works for electricity production; (4) an explanation of how the 
alternative or revised alternative will affect: (i) Energy supply, 
distribution, cost, and use; (ii) flood control; (iii) navigation; (iv) 
water supply; (v) air quality; and (vi) other aspects of environmental 
quality; and (5) specific citations to any scientific studies, 
literature, and other documented information relied on to support the 
proposal.
    This notice of proposed renewal of an existing information 
collection is being published by the Office of Environmental Policy and 
Compliance, Department of the Interior, on behalf of all three 
Departments, and the data provided below covers anticipated responses 
(alternative conditions/prescriptions and associated information) for 
all three Departments.
    Title of Collection: 7 CFR part 1; 43 CFR part 45; 50 CFR part 221; 
The Alternatives Process in Hydropower Licensing.
    OMB Control Number: 1094-0001.
    Form Number: None.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Business or for-profit entities.
    Total Estimated Number of Annual Respondents: 5.
    Total Estimated Number of Annual Responses: 5.
    Estimated Completion Time per Response: 500 hours.
    Total Estimated Number of Annual Burden Hours: 2,500 hours.
    Respondent's Obligation: Voluntary.
    Frequency of Collection: Once per alternative proposed.
    Total Estimated Annual Nonhour Burden Cost: None.
    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Stephen G. Tryon,
Director, Office of Environmental Policy and Compliance.
[FR Doc. 2021-17932 Filed 8-20-21; 8:45 am]
BILLING CODE 4334-63-P


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