[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: 50CFR221.4]

[Page 94-95]
 
                    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 A_General Provisions
 
Sec. 221.4  What deadlines apply to pending applications?

    (a) Applicability. (1) This section applies to any case in which 
NMFS has filed a preliminary prescription or prescription with FERC 
before November 17, 2005 and FERC has not issued a license as of that 
date.
    (2) The deadlines in this section will apply in such a case, in lieu 
of any inconsistent deadline in other sections of this part.
    (b) Hearing process. (1) Any request for a hearing under Sec. 
221.21 must be filed with the Office of Habitat Conservation by December 
19, 2005.
    (2) Any notice of intervention and response under Sec. 221.22 must 
be filed by January 3, 2006.
    (3) Upon receipt of a hearing request under paragraph (b)(1) of this 
section, NMFS must do the following by March 17, 2006:
    (i) Comply with the requirements of Sec. 221.23;
    (ii) Determine jointly with any other Department that has received a 
hearing request, after consultation with FERC, a time frame for the 
hearing process and a corresponding deadline for NMFS to file an answer 
under Sec. 221.24; and
    (iii) Issue a notice to each party specifying the time frame for the 
hearing process, including the deadline for NMFS to file an answer.
    (c) Alternatives process. (1) Any alternative under Sec. 221.71 
must be filed with the Office of Habitat Conservation by December 19, 
2005.
    (2) Upon receipt of an alternative under paragraph (c)(1) of this 
section, if no hearing request is filed under paragraph (b)(1) of this 
section, NMFS must do the following by February 15, 2006:
    (i) Determine jointly with any other Department that has received a 
related alternative, after consultation with FERC, a time frame for the 
filing of a modified prescription under Sec. 221.72(b); and
    (ii) Issue a notice to the license party that has submitted the 
alternative, specifying the time frame for the filing of a modified 
prescription.

[[Page 95]]

    (3) Upon receipt of an alternative under paragraph (c)(1) of this 
section, if a hearing request is also filed under paragraph (b)(1) of 
this section, NMFS will follow the provisions of paragraph (b)(3) of 
this section.