[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72954-72955]
[FR Doc No: 2021-27777]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-21-000]

Notice of Availability of Final Engineering Guidelines for the
Evaluation of Hydropower Projects: Chapter 16--Part 12D Program

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final ``Chapter 16--Part 12D Program'' of
its Engineering Guidelines for the Evaluation of Hydropower Projects
(Guidelines). This chapter is one of four new chapters of the
Guidelines intended to provide additional guidance related to 18 CFR
part 12, Safety of Water Power Projects and Project Works, Docket No.
RM20-9-000, Order No 880, issued by the Commission on December 16,
2021.
    On July 16, 2020, the Commission issued a Notice of Proposed
Rulemaking (NOPR) to revise its part 12 regulations. On the same day,
the Commission solicited public review and comment on four new draft
chapters of its Guidelines. Draft Chapter 16 was part of that issuance.
    The Commission received twelve comment letters in response to draft
Chapter 16. Most of the comments were submitted by licensees and
individuals through trade associations, including National Hydropower
Association, Dam Safety Interest Group of CEATI International, and US
Society on Dams, as well as the US Army Corps of Engineers. Comments
were also received from individual licensees, corporations, and
individuals, including David L. Mathews, McMillen Jacobs Associates,
City of North Little Rock Electric, Kodiak Electric Association, Alaska
Electric Light and Power Company, Central Nebraska Public Power and
Irrigation District, Copper Valley Electric Association, and Upper
Peninsular Power Company.
    In all, the twelve comment letters consisted of approximately 335
discrete comments. The comments received were varied. Most comments
requested clarification of scope, schedule requirements, and other
details of the Part 12D process and procedures. Commenters asked the
Commission to:
     Provide additional guidance and clarification regarding
the Part 12D process, schedule, and review durations;
     Clarify the difference between a Comprehensive Assessment
waiver and a Part 12D exemption;
     Consider deleting the requirement to submit a Pre-
inspection Preparation Report since this task adds additional burden
and cost of performing a Part 12D report;
     Provide additional guidance regarding the limitations of
the Independent Consultant Team and the Licensee to communicate and
review the draft Part 12D recommendations;
     Provide clarification that limits the Independent
Consultant team from reviewing their own prior work on the project;
     Provide additional guidance and explanation of the
Independent Consultant Team qualifications and experience requirements;
     Clarify the role of the Independent Consultant versus the
role of the Potential Failure Mode Analysis/Risk Analysis facilitator;
     Clarify the potential postponement of the site inspection
due to submittal of an insufficient Pre-inspection Preparation Report;
     Clarify the review requirements of the Owner's Dam Safety
Program (ODSP) and how that review differs from an ODSP audit;
     Clarify what is expected of the Independent Consultant
Team in performing independent calculations as part of the
Comprehensive Assessment Report;
     Clarify the scope of work for the physical site
inspection, including spillway gate testing and inspection of
inaccessible features; and
     Include additional information on the purpose of the
Comprehensive Assessment Review Meeting or, in the alternative,
consider deleting this requirement.
    Commission staff has considered all comments in finalizing Chapter
16 of the Engineering Guidelines. Based on the comments received,
Chapter 16 has been revised to:
     Provide additional guidance on:
    [cir] The Part 12D process and schedule;
    [cir] the limitations of an individual performing consecutive
inspections, including Periodic Inspections following Comprehensive
Assessments;
    [cir] the submittal of information for supporting Independent
Consultant Team members;
    [cir] the review status of Pre-inspection Preparation Reports;
    [cir] the review requirements of the ODSP;
    [cir] the scope of the physical site inspection;
    [cir] the evaluation of spillway adequacy;
    [cir] the summary of findings for the Comprehensive Assessment
Report; and
    [cir] the purpose of the Comprehensive Assessment Review Meeting.
     Remove the requirement that the Potential Failure Mode
Analysis/Risk Analysis facilitator must be from a different
organization or company than the Independent Consultant Team; and
     Update the appendices, as appropriate.
    All information related to ``Chapter 16--Part 12D Program,''
including the draft chapter, all submitted comments, and the final
chapter, can be found on the FERC website (www.ferc.gov) using the
eLibrary link. Click on the eLibrary link, click on ``General Search''
and enter the docket number, excluding the last three digits in the
Docket Number field (i.e., AD20-21). Be sure you have selected an
appropriate date range. The Commission also offers a free service
called eSubscription which allows you to keep track of all formal
issuances and submittals in specific dockets. This can reduce the
amount of time you spend researching proceedings by automatically
providing you with electronic notification of these filings and direct
links to the documents. Go to the Commission's website (www.ferc.gov),
select the FERC Online option from the left-hand column, and click on
eSubscription. Users must be registered in order to use eSubscription.
    The final version of Chapter 16 is also available on the
Commission's Division of Dam Safety and Inspections website at:
Engineering Guidelines for the Evaluation of Hydropower Projects
[verbar] Federal Energy Regulatory Commission (ferc.gov).

Information Collection Statement

    Chapter 16 includes information collection activities for which the
Paperwork Reduction Act, 44 U.S.C. 3501-3521, requires approval by the
Office of Management and Budget (OMB). The Commission has included the
burden and cost estimates for information collection activities related
to this chapter in the rulemaking document (Docket No. RM20-9-000,
Order No. 880). The Commission has

designated the information collection activities in the rule as FERC-
517. Upon final approval of FERC-517, OMB will assign an OMB Control
Number and expiration date.
    Send written comments on FERC-517 to the Office of Management and
Budget (OMB) through www.reginfo.gov/public/do/PRAMain, Attention:
Federal Energy Regulatory Commission Desk Officer. Please identify the
OMB control number (1902-TBD) in the subject line. Your comments should
be sent within 30 days of publication of this notice in the Federal
Register. OMB submissions must be formatted and filed in accordance
with submission guidelines at www.reginfo.gov/public/do/PRAMain. Using
the search function under the ``Currently Under Review field,'' select
Federal Energy Regulatory Commission; click ``submit'' and select
``comment'' to the right of the subject collection.
    For assistance with any of the Commission's online systems, please
contact FERC Online Support at ferc.gov">[email protected]ferc.gov or toll free
at<PHONE_NUMBER>, or for TTY, contact<PHONE_NUMBER>.

    Dated: December 16, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-27777 Filed 12-22-21; 8:45 am]
BILLING CODE 6717-01-P