[Federal Register Volume 63, Number 143 (Monday, July 27, 1998)]
[Notices]
[Page 40102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19911]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Coastal Zone Management: Federal Consistency Appeal by Rick 
Bellew From an Objection by the State of Alabama

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Notice of appeal and request for comments.

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    By letter dated November 17, 1997, Mr. Rick Bellew (Appellant), 
filed with the Secretary of Commerce (Secretary) a notice of appeal 
pursuant to section 307(c)(3)(A) of the Coastal Zone Management Act of 
1972 (CZMA), as amended, 16 U.S.C. 1451 et seq., and the Department of 
Commerce's implementing regulations, 15 C.F.R. Part 930, Subpart H. The 
appeal is taken from an objection by the State of Alabama (State) to 
the Appellant's consistency certification for a permit to dredge a ten-
foot wide by 420-foot long channel to a three-foot depth. According to 
a survey submitted by Appellant, approximately 185 linear feet of the 
proposed channel is vegetated by shoalgrass.
    The CZMA provides that a timely objection by a state precludes any 
federal agency from issuing licenses or permits for the activity unless 
the Secretary finds that the activity is either ``consistent with the 
objectives'' of the CZMA (Ground I) or ``necessary in the interest of 
national security'' (Ground II). Section 307(c)(3)(A). To make such a 
determination, the Secretary must find that the proposed project 
satisfies the requirements of 15 CFR 930.121 or 930.122.
    The Appellant requests that the Secretary override the State's 
consistency objections based on Ground I. To make the determination 
that the proposed activity is ``consistent with the objectives'' of the 
CZMA, the Secretary must find that: (1) the proposed activity furthers 
one or more of the national objectives or purposes contained in 
Secs. 302 or 303 of the CZMA, (2) the adverse effects of the proposed 
activity do not outweigh its contribution to the national interest, (3) 
the proposed activity will not violate the Clean Air Act or the Federal 
Water Pollution Control Act, and (4) no reasonable alternative is 
available that would permit the activity to be conducted in a manner 
consistent with the State's coastal management program. 15 CFR 930.121.
    Public comments are invited on the findings that the Secretary must 
make as set forth in the regulations at 15 CFR 930.121. Comments are 
due within 30 days of the publication of this notice and should be sent 
to Ms. Pamela Lawrence, Attorney-Adviser, Office of the Assistant 
General Counsel for Ocean Services, National Oceanic and Atmospheric 
Administration, U.S. Department of Commerce, 1305 East-West Highway, 
Room 6111, Silver Spring, MD 20910. Copies of comments will also be 
forwarded to the Appellant and the State.
    All nonconfidential documents submitted in this appeal are 
available for public inspection during business hours at the offices of 
the State and the Office of the Assistant General Counsel for Ocean 
Services.

FOR ADDITIONAL INFORMATION CONTACT:
Ms. Pamela Lawrence, Attorney-Adviser, Office of the Assistant General 
Counsel for Ocean Services, National Oceanic and Atmospheric 
Administration, U.S. Department of Commerce, 1305 East-West Highway, 
Room 6111, Silver Spring, MD 20910, 301-713-2967.

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

    Dated: July 14, 1998.
Monica Medina,
General Counsel.
[FR Doc. 98-19911 Filed 7-24-98; 8:45 am]
BILLING CODE 3510-08-M