View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOC/NOAA RIN: 0648-AU01 Publication ID: Spring 2009 
Title: Resource Agency Hearings and Alternatives Development Procedures in Hydropower Licenses 
Abstract: The Departments of Agriculture, the Interior, and Commerce are jointly revising the procedures they established in November 2005 for expedited trial-type hearings required by the Energy Policy Act of 2005 (EPAct). The hearings are conducted to resolve disputed issues of material fact with respect to conditions or prescriptions that one or more of the Departments develop for inclusion in a hydropower license issued by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act (FPA). The three Departments are also revising the procedures they established in November 2005 for the consideration of alternative conditions and prescriptions submitted by any party to a license proceeding, pursuant to EPAct. Three substantially similar rules are being promulgated—one for each agency—with a common preamble. The rules and preamble reflect changes to the Departments’ November 2005 interim final rules in response to public comments and the Departments’ own experience in implementing the interim final rules. This rule is required by statute (EPAct) and, thus, consideration of alternatives is neither proper or warranted. 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 221   
Legal Authority: 16 USC 797(e)    16 USC 791a et seq.    16 USC 811   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  11/17/2005  70 FR 69803   
Final Rule  05/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 0648-AC42, Related to 0648-AS55  Related Agencies: Joint: DOI, USDA; 
Agency Contact:
Melanie Harris
Marine Habitat Resource Specialist
Department of Commerce
National Oceanic and Atmospheric Administration
NMFS, Office of Habitat Conservation, 1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 713-4300
Fax:301 713-4305
Email: melanie.harris@noaa.gov