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###### Department of Energy

###### Federal Energy Regulatory Commission 

          - [Project No. 9988-015-Georgia; King Mill Hydroelectric Project] 

                    Rule 2010 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure provides that, to eliminate unnecessary expense or improve administrative efficiency, the Secretary may establish a restricted service list for a particular phase or issue in a proceeding.[1]                                          The restricted service list should contain the names of persons on the service list who, in the judgment of the decisional authority establishing the list, are active participants with respect to the phase or issue in the proceeding for which the list is established.                 

                    The Commission staff is consulting with the Georgia State Historic Preservation Officer (Georgia SHPO) pursuant to the Council's regulations, 36 CFR Part 800, implementing section 106 of the National Historic Preservation Act,                     *as amended*, (16 U.S.C. 470f), to prepare and execute a programmatic agreement for managing properties included in, or eligible for inclusion in, the National Register of Historic Places at the King Mill Project No. 9988-015 (Georgia SHPO Reference Number HP-060707-003). The Commission staff will also provide the Advisory Council on Historic Preservation an opportunity to comment.                 

The programmatic agreement, when executed by the Commission and the Georgia SHPO, would satisfy the Commission's section 106 responsibilities for all individual undertakings carried out in accordance with the license until the license expires or is terminated (36 CFR 800.13[e]). The Commission's responsibilities pursuant to section 106 for the King Mill Project would be fulfilled through the programmatic agreement, which the Commission proposes to draft in consultation with certain parties listed below. The executed programmatic agreement would be incorporated into any Order issuing a license. 

The Augusta Canal Authority, as licensee for Project No. 9988-015 is invited to participate in consultations to develop the programmatic agreement. 

For purposes of commenting on the programmatic agreement, we propose to restrict the service list for the aforementioned project as follows: 

Dayton Sherrouse, Executive Director, Augusta Canal Authority, 1450 Green Street, Suite 400, Augusta, GA 30901. 

Don Klima or Representative, Advisory Council on Historic Preservation, The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW., Washington, DC 20004. 

Elizabeth Shirk or Representative, Historic Preservation Division, Department of Natural Resources, 34 Peachtree Street, NW., Suite 1600, Atlanta, GA 30303. 

Alan Stuart, Kleinschmidt Associates, 204 Caughman Farm Lane, Suite 301, Lexington, SC 29072. 

Any person on the official service list for the above-captioned proceeding may request inclusion on the restricted service list, or may request that a restricted service list not be established, by filing a motion to that effect within 15 days of this notice date. In a request for inclusion, please identify the reason(s) why there is an interest to be included. Also please identify any concerns about historic properties, including Traditional Cultural Properties. If historic properties are to be identified within the motion, please use a separate page, and label it NON-PUBLIC Information. 

                    An original and 8 copies of any such motion must be filed with Kimberly D. Bose, the Secretary of the Commission (888 First Street, NE., Washington, DC                           ( print page 4183)                        20426) and must be served on each person whose name appears on the official service list. Please put the project name “King Mill Project” and number “P-9988-015” on the front cover of any motion. If no such motions are filed, the restricted service list will be effective at the end of the 15-day period. Otherwise, a further notice will be issued ruling on any motion or motions filed within the 15-day period.                 

Kimberly D. Bose, 

Secretary. 

# Footnotes

1.                             18 CFR 385.2010.                     
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[FR Doc. E9-1357 Filed 1-22-09; 8:45 am] 

BILLING CODE 6717-01-P