# rmajette on PROD1PC67 with NOTICES (2006)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/agency%3Aferc%3Aebbc279737fd7a68

## Record

- **Collection:** Agency decision
- **Document type:** Agency decision

## Text

rmajette on PROD1PC67 with NOTICES

Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Notices
The project would have an annual
generation of 650 GWh, which would be
sold to a local utility.
k. Location of Applications: A copy of
the application is available for
inspection and reproduction at the
Commission in the Public Reference
Room or may be viewed on the
Commission’s Web site at http://
www.ferc.gov using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. For
assistance, call toll-free 1–866–208–
3676 or e-mail
FERCOnlineSupport@ferc.gov. For TTY,
call (202) 502–8659. A copy is also
available for inspection and
reproduction at the address in item g
above.
l. Individuals desiring to be included
on the Commission’s mailing list should
so indicate by writing to the Secretary
of the Commission.
m. Competing Preliminary Permit—
Anyone desiring to file a competing
application for preliminary permit for a
proposed project must submit the
competing application itself, or a notice
of intent to file such an application, to
the Commission on or before the
specified comment date for the
particular application (see 18 CFR 4.36).
Submission of a timely notice of intent
allows an interested person to file the
competing preliminary permit
application no later than 30 days after
the specified comment date for the
particular application. A competing
preliminary permit application must
conform with 18 CFR 4.30(b) and 4.36.
n. Competing Development
Application—Any qualified
development applicant desiring to file a
competing development application
must submit to the Commission, on or
before a specified comment date for the
particular application, either a
competing development application or a
notice of intent to file such an
application. Submission of a timely
notice of intent to file a development
application allows an interested person
to file the competing application no
later than 120 days after the specified
comment date for the particular
application. A competing license
application must conform with 18 CFR
4.30(b) and 4.36.
o. Notice of Intent—A notice of intent
must specify the exact name, business
address, and telephone number of the
prospective applicant, and must include
an unequivocal statement of intent to
submit, if such an application may be
filed, either a preliminary permit
application or a development
application (specify which type of
application). A notice of intent must be

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served on the applicant(s) named in this
public notice.
p. Proposed Scope of Studies under
Permit—A preliminary permit, if issued,
does not authorize construction. The
term of the proposed preliminary permit
would be 36 months. The work
proposed under the preliminary permit
would include economic analysis,
preparation of preliminary engineering
plans, and a study of environmental
impacts. Based on the results of these
studies, the Applicant would decide
whether to proceed with the preparation
of a development application to
construct and operate the project.
q. Comments, Protests, or Motions to
Intervene—Anyone may submit
comments, a protest, or a motion to
intervene in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214.
In determining the appropriate action to
take, the Commission will consider all
protests or other comments filed, but
only those who file a motion to
intervene in accordance with the
Commission’s Rules may become a
party to the proceeding. Any comments,
protests, or motions to intervene must
be received on or before the specified
comment date for the particular
application.
Comments, protests and interventions
may be filed electronically via the
Internet in lieu of paper; See 18 CFR
385.2001(a)(1)(iii) and the instructions
on the Commission’s Web site under ‘‘efiling’’ link. The Commission strongly
encourages electronic filing.
r. Filing and Service of Responsive
Documents—Any filings must bear in
all capital letters the title
‘‘COMMENTS’’, ‘‘NOTICE OF INTENT
TO FILE COMPETING APPLICATION’’,
‘‘COMPETING APPLICATION’’,
‘‘PROTEST’’, or ‘‘MOTION TO
INTERVENE’’, as applicable, and the
Project Number of the particular
application to which the filing refers.
Any of the above-named documents
must be filed by providing the original
and the number of copies provided by
the Commission’s regulations to: The
Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426. An additional
copy must be sent to Director, Division
of Hydropower Administration and
Compliance, Federal Energy Regulatory
Commission, at the above-mentioned
address. A copy of any notice of intent,
competing application or motion to
intervene must also be served upon each
representative of the Applicant
specified in the particular application.
s. Agency Comments—Federal, State,
and local agencies are invited to file
comments on the described application.

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A copy of the application may be
obtained by agencies directly from the
Applicant. If an agency does not file
comments within the time specified for
filing comments, it will be presumed to
have no comments. One copy of an
agency’s comments must also be sent to
the Applicant’s representatives.
Magalie R. Salas,
Secretary.
[FR Doc. E6–6325 Filed 4–26–06; 8:45 am]
BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. RM98–1–000]

Records Governing Off-the-Record
Communications; Public Notice
April 20, 2006.

This constitutes notice, in accordance
with 18 CFR 385.2201(b), of the receipt
of prohibited and exempt off-the-record
communications.
Order No. 607 (64 FR 51222,
September 22, 1999) requires
Commission decisional employees, who
make or receive a prohibited or exempt
off-the-record communication relevant
to the merits of a contested proceeding,
to deliver to the Secretary of the
Commission, a copy of the
communication, if written, or a
summary of the substance of any oral
communication.
Prohibited communications are
included in a public, non-decisional file
associated with, but not a part of, the
decisional record of the proceeding.
Unless the Commission determines that
the prohibited communication and any
responses thereto should become a part
of the decisional record, the prohibited
off-the-record communication will not
be considered by the Commission in
reaching its decision. Parties to a
proceeding may seek the opportunity to
respond to any facts or contentions
made in a prohibited off-the-record
communication, and may request that
the Commission place the prohibited
communication and responses thereto
in the decisional record. The
Commission will grant such a request
only when it determines that fairness so
requires. Any person identified below as
having made a prohibited off-the-record
communication shall serve the
document on all parties listed on the
official service list for the applicable
proceeding in accordance with Rule
2010, 18 CFR 385.2010.
Exempt off-the-record
communications are included in the

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24852

Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Notices

decisional record of the proceeding,
unless the communication was with a
cooperating agency as described by 40
CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
The following is a list of off-therecord communications recently
received by the Secretary of the

Commission. The communications
listed are grouped by docket numbers in
ascending order. These filings are
available for review at the Commission
in the Public Reference Room or may be
viewed on the Commission’s Web site at
http://www.ferc.gov using the eLibrary
link. Enter the docket number,

excluding the last three digits, in the
docket number field to access the
document. For assistance, please contact
FERC, Online Support at
FERCOnlineSupport@ferc.gov or toll
free at (866) 208–3676, or for TTY,
contact (202) 502–8659.
Date
received

Docket number
Exempt:
1. IS06–191–000 ....................................................................................................................................

4–4–06

2. IS06–191–000 ....................................................................................................................................
3. P–459–128 .........................................................................................................................................
4. P–459–128 .........................................................................................................................................
5. P–459–128 .........................................................................................................................................

4–4–06
4–3–06
4–3–06
4–3–06

6. P–459–128 .........................................................................................................................................
7. P–459–128 .........................................................................................................................................
8. P–11841–002 .....................................................................................................................................

4–3–06
4–10–06
4–14–06

Magalie R. Salas,
Secretary.
[FR Doc. E6–6326 Filed 4–26–06; 8:45 am]
BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2005–0026; FRL–8162–4]

Tribal 106 Grant Guidance
AGENCY: Environmental Protection

Agency (EPA).

rmajette on PROD1PC67 with NOTICES

ACTION: Notice of availability.
SUMMARY: This document provides
notice of availability for public
comment of the draft Guidance on
Awards of Grants to Indian Tribes under
Section 106 of the Clean Water Act for
Fiscal Year 2007 and Future Years. This
draft Guidance provides the
Environmental Protection Agency and
Tribes with a consistent framework of
procedures and guidelines for awarding
and administering grants to federally
recognized Tribes under the authority of
Section 106 of the Clean Water Act.
Specifically, the draft Guidance will
assist Tribal water quality program
managers, staff, and other Tribal
environmental decision-makers in
designing and implementing an
effective and successful water quality
program utilizing Section 106 funds.
The draft 106 Tribal Guidance is for
Tribal water quality programs at all
levels of sophistication and
development. For new programs, it
explains how to successfully initiate
and develop a water quality program.
For Tribes with well-established
programs, it contains information on
expanding a water quality program. To

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meet the needs of Tribes at all levels of
development, the draft Guidance
presents the basic steps a Tribe would
take to collect the information it will
need to make effective decisions about
its program, its goals, and its future
direction. The final Guidance will take
effect for grants issued by the
Environmental Protection Agency’s
Regional offices in fiscal year 2007. A
Notice of its Availability will be
published in the Federal Register. This
action affects all Tribal environmental
programs that receive Section 106 Tribal
grants.
DATES: Comments must be received on
or before June 26, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2005–0026, by one of the following
methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: ow-docket@epa.gov
Attention Docket ID No. OW–2005–0026
• Fax: (202) 566–1749
• Mail: Water Docket, Environmental
Protection Agency, Mailcode: 4101T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
EPA West, Room B102, 1301
Constitution Avenue, NW., Washington,
DC, Attention Docket ID No. OW–2005–
0026. Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OW–2005–
0026. EPA’s policy is that all comments
received will be included in the public
docket without change and may be

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Presenter or requester

Hon. James W. Crawford,
Jr.
Hon. Terry C. Burton.
Robert C. Burk.
Charles N. Clark.
Dr. Robert H. and Anna M.
Fuchs.
Larry Oth/Brent Calvert.
Hon. Matt Blunt.
Kenneth Hogan.

made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at http://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Unit I.1 of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Aferc%3Aebbc279737fd7a68. Public record. Not legal advice.
