Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

# AGENCY:

National Oceanic and Atmospheric Administration, Commerce.

# ACTION:

Dismissal of appeal.

                    By letters dated July 17 and August 19, 1998, the Port of Seattle (Appellant) filed with the Secretary of Commerce notices of appeal pursuant to section 307(c)(3)(A) of the Coastal Zone Management Act of 1972, as amended, (CZMA), 16 U.S.C. 1451*et seq.*, and the Department of Commerce's implementing regulations at 15 CFR part 930, subpart H. The first appeal was taken from an objection by the State of Washington (State) to the Appellant's consistency certification for a Clean Water Act section 404 permit to construct a runway and airport support facilities at Seattle-Takoma International Airport. The second appeal was taken from a later “conditional concurrence” by the State with the same consistency certification.                

                    At the Appellant's request, the General Counsel for the National Oceanic and Atmospheric Administration (NOAA) granted a stay of the consistency appeals pending disposition of parallel appeals that had been filed simultaneously by the Port of                           ( print page 28732)                        Seattle with the Washington Pollution Control Hearings Board (Board). The State did not oppose the stay. The two appeals before the Board have been dismissed. With the dismissal of the appeals before the Board, the Appellant requested that the two consistency appeals be dismissed. The State concurred and NOAA accordingly dismissed the appeals. The Appellant is barred from filing another appeal from the State's objection to its consistency certification. This is a final agency action for purposes of judicial review.                

# FOR FURTHER INFORMATION CONTACT:

Stephanie Campbell, Attorney-Adviser, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, 1305 East-West Highway, Room 6111, Silver Spring, Maryland 20910, (301) 713-2967.

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

Dated: May 8, 2001.

Craig O'Connor,

Acting General Counsel.

[FR Doc. 01-13152  Filed 5-23-01; 8:45 am]

BILLING CODE 3510-08-M