[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Pages 33212-33213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13504]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. UL11-1-000]


Turlock Irrigation District; Notice of Availability of 
Navigability Report for the Tuolumne River, Request for Comments, and 
Notice of Pending Jurisdictional Inquiry

    On June 10, 2011, the Federal Energy Regulatory Commission 
(Commission) received an inquiry from the National Marine Fisheries 
Service, National Oceanic and Atmospheric Administration, concerning 
the status of the unlicensed La Grange Hydroelectric Project. The 
project is located on the Tuolumne River near the town of La Grange in 
Tuolumne County, California.
    As part of its review, Commission staff is investigating the 
jurisdictional status of the project and has prepared a navigability 
report for the Tuolumne River. Before making its decision, staff will 
accept and consider comments on the navigability report. Comments may 
be filed no later July 2, 2012.
    Section 23(b)(1) of the Federal Power Act (FPA) requires a 
Commission license for the construction, operation, or maintenance of 
hydropower projects which: (1) Are located on navigable waters of the 
United States; (2) occupy public lands or reservations of the United 
States; (3) utilize the surplus

[[Page 33213]]

water or water power from a federal dam; \1\ or (4) are located on non-
navigable streams over which Congress has jurisdiction under its 
authority to regulate interstate and foreign commerce, would affect the 
interests of interstate or foreign commerce (such as by connection to 
the interstate electrical grid, and are constructed or enlarged after 
August 26, 1935.
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    \1\ Licensing is not required under conditions 1, 2, or 3 above 
if the project is constructed, operated, and maintained in 
accordance with the terms of a valid federal permit issued prior to 
June 10, 1920.
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    A stream is navigable under section 3(8) of the FPA if: (1) It is 
currently being used or is suitable for use, or (2) it has been used or 
was suitable for use in the past, or (3) it could be made suitable for 
use in the future by reasonable improvements, to transport persons or 
property in interstate or foreign commerce. Navigability under section 
3(8) of the FPA is not destroyed by obstructions or disuse of many 
years; personal or private use may be sufficient to demonstrate the 
availability of the river for commercial navigation; and the seasonal 
floatation of logs is sufficient to determine that a river is 
navigable.
    Comments are invited on the staff's navigability report. Copies of 
this navigability report are on file with the Commission and are 
available for public inspection. This navigability report may be viewed 
on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter 
the docket number, UL11-1, excluding the last three digits in the 
docket number field to access the document. You may also register 
online at http://www.ferc.gov/docs-filing/esubscription.asp to be 
notified via email of new filings and issuances related to this or 
other pending projects. For assistance, please contact FERC Online 
Support at [email protected] or toll-free at (866) 208-3676, 
or TTY, contact (202) 502-8659.
    Please file your response with the Commission's Secretary by July 
2, 2012. All comments may be filed electronically via the Internet. See 
18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web 
site at http://www.ferc.gov under the ``e-Filing'' link. If unable to 
be filed electronically, comments may be paper-filed. To paper-file, an 
original and eight copies should be filed with: Secretary, Mail Code 
PJ-12, Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426. For more information on how to submit these types 
of filings, please go to the Commission's Web site at http://www.ferc.gov.filing-comments.asp. Please include the docket number 
(UL11-1-000) on any filing.
    For further information, please contact Henry Ecton at (202) 502-
8768.

    Dated: May 29, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-13504 Filed 6-4-12; 8:45 am]
BILLING CODE 6717-01-P