[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR221.24]

[Page 98-99]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 221_PRESCRIPTIONS IN FERC HYDROPOWER LICENSES--Table of Contents
 
                        Subpart B_Hearing Process
 
Sec. 221.24  How will NMFS respond to any hearing requests?

    (a) General. NMFS will determine whether to file an answer to any 
hearing request under Sec. 221.21.
    (b) Content. If NMFS files an answer:
    (1) For each of the numbered factual issues listed under Sec. 
221.21(b)(1), the answer must explain NMFS's position with respect to 
the issues of material fact raised by the requester, including one or 
more of the following statements as appropriate:
    (i) That NMFS is willing to stipulate to the facts as alleged by the 
requester;
    (ii) That NMFS believes the issue listed by the requester is not a 
factual

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issue, explaining the basis for such belief;
    (iii) That NMFS believes the issue listed by the requester is not 
material, explaining the basis for such belief; or
    (iv) That NMFS agrees that the issue is factual, material, and in 
dispute.
    (2) The answer must also indicate whether the hearing request will 
be consolidated with one or more other hearing requests under Sec. 
221.23 and, if so:
    (i) Identify any other hearing request that will be consolidated 
with this hearing request; and
    (ii) State which Department will conduct the hearing and provide 
contact information for the appropriate Department hearings component.
    (c) Witnesses and exhibits. NMFS's answer must also list the 
witnesses and exhibits that it intends to present at the hearing, other 
than solely for impeachment purposes.
    (1) For each witness listed, NMFS must provide:
    (i) His or her name, address, telephone number, and qualifications; 
and
    (ii) A brief narrative summary of his or her expected testimony.
    (2) For each exhibit listed, NMFS must specify whether it is in the 
license proceeding record.
    (d) Page limits. (1) For each disputed factual issue, the 
information provided under paragraph (b)(1) of this section may not 
exceed two pages.
    (2) For each witness, the information provided under paragraph 
(c)(1) of this section may not exceed one page.
    (e) Notice in lieu of answer. If NMFS elects not to file an answer 
to a hearing request:
    (1) NMFS is deemed to agree that the issues listed by the requester 
are factual, material, and in dispute;
    (2) NMFS may file a list of witnesses and exhibits with respect to 
the request only as provided in Sec. 221.42(b); and
    (3) NMFS must file a notice containing the information required by 
paragraph (b)(2) of this section, if the hearing request will be 
consolidated with one or more other hearing requests under Sec. 221.23.