[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Notices]
[Pages 46873-46874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18658]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Mr. G. Walter Swain

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

ACTION: Notice of closure--administrative appeal decision record.

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SUMMARY: This announcement provides notice that the decision record has 
been closed for an administrative appeal filed with the Department of 
Commerce by Mr. G. Walter Swain.

DATES: The decision record for the administrative appeal of Mr. G. 
Walter Swain was closed on August 12, 2008.

ADDRESSES: Materials from the appeal record are available at the 
Internet site http://www.ogc.doc.gov/czma.htm and at the Office of the 
General Counsel for Ocean Services, National Oceanic and Atmospheric 
Administration, U.S. Department of Commerce, 1305 East-West Highway, 
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA 
Office of General Counsel for Ocean Services, via e-mail at 
<a href="/cdn-cgi/l/email-protection#16627e797b776538656264737362567879777738717960"><span class="__cf_email__" data-cfemail="1e6a7671737f6d306d6a6c7b7b6a5e70717f7f30797168">[email protected]</span></a>, or at 301-713-7390.

SUPPLEMENTARY INFORMATION: On February 4, 2008, Mr. G. Walter Swain 
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. Mr. Swain appealed an objection by the State of Delaware in 
the proposed construction of a marina and associated structures at the 
confluence of Cedar Creek and Mispillion River, in Milford, Delaware.
    Mr. Swain requested that the Secretary override Delaware's 
objection based upon an alleged threshold deficiency in the objection 
and on the grounds that the project is consistent with the objectives 
of the CZMA or otherwise necessary in the interest of national 
security. Decisions for CZMA administrative appeals are based on 
information contained in a decision record. Under the CZMA, the 
decision record must close no later than 220 days after notice of the 
appeal was first published in the Federal Register. See 16 U.S.C. 1465; 
15 CFR 930.130. The CZMA requires that a notice be published in the 
Federal Register indicating the date on which the decision record has 
been closed. See 16 U.S.C. 1465(b); 15 CFR 930.130. Consistent with 
this deadline, the Swain appeal decision record was closed on August 
12, 2008. No further information, briefs or comments will be considered 
in deciding this appeal.
    Additional information about the Swain appeal and the CZMA appeals 
process is available from the

[[Page 46874]]

Department of Commerce CZMA appeals Web site: http://www.ogc.doc.gov/czma.htm.

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

    Dated: August 7, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
 [FR Doc. E8-18658 Filed 8-11-08; 8:45 am]
BILLING CODE 3510-08-P


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