§ 221.2 What terms are used in this part?

As used in this part:

ALJ

means an administrative law judge appointed under 5 U.S.C. 3105 and assigned to preside over the hearing process under subpart B of this part.

Alternative

means a condition or prescription that a license party other than NOAA or another Department develops as an alternative to a preliminary condition or prescription from NOAA or another Department, under FPA sec. 33, 16 U.S.C. 823d.

Condition

means a condition under FPA sec. 4(e), 16 U.S.C. 797(e), for the adequate protection and utilization of a reservation.

Day

means a calendar day.

Department

means the Department of Agriculture, Department of Commerce, or Department of the Interior.

Department of Commerce's designated ALJ office

means the ALJ office that is assigned to preside over the hearing process for NOAA.

Discovery

means a prehearing process for obtaining facts or information to assist a party in preparing or presenting its case.

Ex parte communication

means an oral or written communication to the ALJ that is made without providing all parties reasonable notice and an opportunity to participate.

FERC

means the Federal Energy Regulatory Commission.

FPA

means the Federal Power Act, 16 U.S.C. 791

et seq.

Intervention

means a process by which a person who did not request a hearing under § 221.21 can participate as a party to the hearing under § 221.22.

License party

means a party to the license proceeding, as that term is defined at 18 CFR 385.102(c).

License proceeding

means a proceeding before FERC for issuance of a license for a hydroelectric facility under 18 CFR part 4 or 5.

Material fact

means a fact that, if proved, may affect a Department's decision whether to affirm, modify, or withdraw any condition or prescription.

Modified condition or prescription

means any modified condition or prescription filed by a Department with FERC for inclusion in a hydropower license

oceeding before FERC for issuance of a license for a hydroelectric facility under 18 CFR part 4 or 5.

Material fact

means a fact that, if proved, may affect a Department's decision whether to affirm, modify, or withdraw any condition or prescription.

Modified condition or prescription

means any modified condition or prescription filed by a Department with FERC for inclusion in a hydropower license.

NEPA document

means an environmental document as defined at 40 CFR 1508.10 to include an environmental assessment, environmental impact statement (EIS), finding of no significant impact, and notice of intent to prepare an EIS. Such documents are issued to comply with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321

et seq., and the CEQ Regulations Implementing the Procedural Requirements of NEPA (40 CFR parts 21500-1508).

NMFS

means the National Marine Fisheries Service, a constituent agency of the Department of Commerce, acting by and through the Assistant Administrator for Fisheries or one of NMFS's six Regional Administrators, as appropriate.

NOAA

means the National Oceanic and Atmospheric Administration, a constituent agency of the Department of Commerce, acting by and through its Administrator, the Undersecretary of Commerce for Oceans and Atmosphere or one of its line offices.

Office of Habitat Conservation

means the NMFS Office of Habitat Conservation. Address: Chief, Habitat Protection Division, Office of Habitat Conservation, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. Telephone 301-427-8601. Facsimile number 301-713-4305.

Party

means, with respect to NOAA's hearing process under subpart B of this part:

(1) A license party that has filed a timely request for a hearing under:

(i) Section 221.21; or

(ii) Either 7 CFR 1.621 or 43 CFR 45.21, with respect to a hearing process consolidated under § 221.23;

(2) A license party that has filed a timely notice of intervention and response under:

Facsimile number 301-713-4305.

Party

means, with respect to NOAA's hearing process under subpart B of this part:

(1) A license party that has filed a timely request for a hearing under:

(i) Section 221.21; or

(ii) Either 7 CFR 1.621 or 43 CFR 45.21, with respect to a hearing process consolidated under § 221.23;

(2) A license party that has filed a timely notice of intervention and response under:

(i) Section 221.22; or

(ii) Either 7 CFR 1.622 or 43 CFR 45.22, with respect to a hearing process consolidated under § 221.23;

(3) NOAA; and

(4) Any other Department that has filed a preliminary condition or prescription, with respect to a hearing process consolidated under § 221.23.

Person

means an individual; a partnership, corporation, association, or other legal entity; an unincorporated organization; and any Federal, State, tribal, county, district, territorial, or local government or agency.

Preliminary condition or prescription

means any preliminary condition or prescription filed by a Department with FERC for potential inclusion in a hydropower license.

Prescription

means a fishway prescribed under FPA sec. 18, 16 U.S.C. 811, to provide for the safe, timely, and effective passage of fish.

Representative

means a person who:

(1) Is authorized by a party to represent the party in a hearing process under this subpart; and

(2) Has filed an appearance under § 221.10.

Reservation

has the same meaning as the term “reservations” in FPA sec. 3(2), 16 U.S.C. 796(2).

Secretary

means the Secretary of Commerce or his or her designee.

Senior Department employee

has the same meaning as the term “senior employee” in 5 CFR 2637.211(a).

You

refers to a party other than a Department.