[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Notices]
[Pages 45011-45012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3908]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Donald Williams

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (Commerce).

ACTION: Notice of appeal and request for comments.

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SUMMARY: This announcement provides notice that Donald Williams has 
filed an administrative appeal with the Department of Commerce asking 
that the Secretary override the State of New York's objection to his 
proposed erosion-control project along the shoreline of Lake Ontario in 
Niagara County, New York.

DATES: Public and federal agency comments on the appeal are due within 
30 days of the publication of this Notice.

ADDRESSES: Comments should be sent to Suzanne Bass, Attorney-Advisor, 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910. 
Materials from the appeal record will be available at the NOAA Office 
of the General Counsel for Ocean Services.

FOR FURTHER INFORMATION CONTACT: Suzanne Bass, Attorney-Advisor, NOAA 
Office of the General Counsel, 301-713-7387.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    Donald Williams filed a notice of appeal with the Secretary of 
Commerce 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. Mr. Williams appeals an objection, filed by the State 
of New York, to a consistency determination prepared by Mr. Williams 
related to his proposed erosion project (stone rip-rap) along the 
shoreline of Lake Ontario, in Niagara County, New York.
    In the federal consistency appeal process, the Secretary may 
override the State's objection on grounds that the project is 
consistent with the objectives or purposes of the CZMA or necessary in 
the interest of national security. To make the determination that the 
proposed activity is ``consistent with objective 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 state's coastal management program. 15 CFR 
930.121 (2005), as amended, 71 FR 787, 831 (Jan. 5, 2006). To make the 
determination that the proposed activity is ``necessary in the interest 
of national security,'' the Secretary must find that a national defense 
or other national security interest would be significantly impaired 
were the project not allowed to go forward. 15 CFR 930.121.

II. Public and Federal Agency Comments

    Written comments are invited on any of the issues the Secretary 
must consider in deciding this appeal. Comments must be received within 
30 days of the publication of this notice, and may be submitted to 
Suzanne Bass, Attorney-Advisor, NOAA Office of the General Counsel for 
Ocean Services, National Oceanic and Atmospheric Administration, U.S. 
Department of

[[Page 45012]]

Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910. 
Comments will be made available to the Appellant and the State.

III. Appeal Documents

    NOAA intends to provide the public with access to all materials and 
related documents comprising the appeal record during business hours, 
at the NOAA Office of the General Counsel for Ocean Services.
    For additional information about this appeal contact Suzanne Bass, 
301-713-7387.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.)

    Dated: August 6, 2007.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[FR Doc. 07-3908 Filed 8-9-07; 8:45 am]
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