[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Notices]
[Page 19881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07684]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3273-024]


Chittenden Falls Hydropower, Inc.; Notice of Waiver Period for 
Water Quality Certification Application

    On March 24, 2021, Chittenden Falls Hydropower, Inc. notified the 
Federal Energy Regulatory Commission that on March 8, 2021, it 
submitted a pre-filing meeting request, pursuant to 40 CFR 121.4, 
together with an application for a Clean Water Act section 401(a)(1) 
water quality certification to the New York State Department of 
Environmental Conservation (New York DEC), in conjunction with the 
above captioned project. Pursuant to 40 CFR 121.6, we hereby notify New 
York DEC of the following:
    Date of Receipt of the Certification Request: April 7, 2021.\1\
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    \1\ 40 CFR 121.4(a) requires that a project proponent request a 
meeting with the state certifying authority to discuss the project 
at least 30 days prior to submitting a certification request. Here, 
Chittenden Falls Hydropower, Inc. submitted its request for a pre-
filing meeting on March 8, 2021, which was the same date it 
submitted its section 401 application to New York DEC. To account 
for the 30-day period associated with the pre-filing meeting request 
and to render the certification request compliant with 40 CFR 
121.5(b), the date of receipt of the certification request is 30 
days after the pre-filing meeting was requested, i.e., April 7, 
2021.
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    Reasonable Period of Time to Act on the Certification Request: One 
year.
    Date Waiver Occurs for Failure to Act: April 7, 2022.
    If New York DEC fails or refuses to act on the water quality 
certification request by the above waiver date, then the agency 
certifying authority is deemed waived pursuant to section 401(a)(1) of 
the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: April 8, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-07684 Filed 4-14-21; 8:45 am]
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