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 § 221.21 must be filed with the Office of Habitat Conservation by December 19, 2005.
(2)
Any notice of intervention and response under § 221.22 must be filed by January 3, 2006.
(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 § 221.24; and
(c) Alternatives process.
(1)
Any alternative under § 221.71 must be filed with the Office of Habitat Conservation by December 19, 2005.
(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 § 221.72(b); and
(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.