[Federal Register: March 17, 2008 (Volume 73, Number 52)]
[Notices]
[Page 14225-14226]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr08-28]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by Foothill/Eastern Transportation
Corridor Agency
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (Commerce).
ACTION: Notice of appeal.
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SUMMARY: This announcement provides notice that Foothill/Eastern
Transportation Corridor Agency (TCA) has filed an administrative appeal
with the Department of Commerce asking that the Secretary override the
California Coastal Commission's (CCC) objection to TCA's construction
of an extension to California State Route 241 in northern San Diego and
southern Orange Counties, California.
ADDRESSES: Materials from the appeal record will be available at the
NOAA Office of General Counsel for Ocean Services, 1305 East-West
Highway, Room 6111, Silver Spring, MD 20910 and on the following Web
site: http://www.ogc.doc.gov/czma.htm.
FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA
Office of the General Counsel, 301-713-2967, gcos.inquiries@noaa.gov or
Stephanie Campbell, Attorney-Advisor, NOAA Office of the General
Counsel, 301-713-2967, gcos.inquiries@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of Appeal
On February 15, 2008, TCA filed notice of an appeal with the
Secretary of Commerce (Secretary), pursuant to the Coastal Zone
Management Act of 1972 (CZMA), 16 U.S.C. 1451 et seq., and implementing
regulations found at 15 CFR Part 930, Subpart H. TCA appealed an
objection to its construction of an extension to California State Route
241 in northern San Diego and southern Orange Counties, California.
Under the CZMA, the Secretary may override CCC's objection on
grounds that the project is consistent with the objectives or purposes
of the CZMA or otherwise necessary in the interest of national
security. To make the
[[Page 14226]]
determination that the proposed activity is ``consistent with the
objectives or purposes'' of the CZMA, the Secretary must find that: (1)
The proposed activity furthers the national interest as articulated in
sections 302 or 303 of the CZMA, in a significant or substantial
manner; (2) the adverse effects of the proposed activity do not
outweigh its contribution to the national interest, when those effects
are considered separately or cumulatively; and (3) no reasonable
alternative is available that would permit the activity to be conducted
in a manner consistent with enforceable policies of the CCC's coastal
management program. 15 CFR 930.121.
II. Opportunity for Federal Agency and Public Comment and Public
Hearing
Pursuant to regulation, the public and interested Federal agencies
may submit any comments on this appeal from April 28, 2008--May 28,
2008. All comments should be directed in writing to the NOAA Office of
General Counsel for Ocean Services, 1305 East-West Highway, Room 6111,
Silver Spring, MD 20910 or via e-mail to gcos.comments@noaa.gov.
Federal regulations also allow for a public hearing for this
appeal, occurring at the Secretary's own initiative or upon request. A
request for a public hearing must be filed with the Secretary within 30
days of the date of this notice's publication in the Federal Register.
Such requests should be directed in writing to the Secretary at the
following address: Thomas Street, staff attorney, NOAA Office of
General Counsel for Ocean Services, 1305 East-West Highway, Room 6111,
Silver Spring, MD 20910.
III. Appeal Documents
NOAA intends to provide the public with access to all publicly
available materials and related documents comprising the appeal record
during business hours, at the NOAA Office of General Counsel for Ocean
Services. For additional information about this appeal, please contact
Thomas Street, Attorney-Advisor, NOAA Office of the General Counsel,
301-713-2967, gcos.inquiries@noaa.gov or Stephanie Campbell, Attorney-
Advisor, NOAA Office of the General Counsel, 301-713-2967,
gcos.inquiries@noaa.gov.
Dated: March 11, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance.]
[FR Doc. E8-5247 Filed 3-14-08; 8:45 am]
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