[Federal Register: August 6, 1998 (Volume 63, Number 151)]
[Notices]               
[Page 42008-42009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au98-29]

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DEPARTMENT OF COMMERCE

Coastal Zone Management

 
Federal Consistency Appeal by Chevron U.S.A. Production Company 
by an Objection by the State of Florida Department of Community 
Affairs.

AGENCY: National Oceanic and Atmospheric Administration, Commerce.


[[Page 42009]]


ACTION: Notice of Appeal and Request for Comments.

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    Chevron U.S.A. Production Company (Appellant), filed with the 
Secretary of Commerce (Secretary) a notice of appeal pursuant to 
section 307(c)(3)(B) 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 CFR Part 930, Subpart H. The appeal is 
taken from an objection by the State of Florida (State) to the 
Appellant's consistency certification for a Development and Production 
Plan to produce up to 21 natural gas wells in the Destin Dome 56 Unit, 
some 15 miles from Florida waters and approximately 25 miles from 
Pensacola. The Appellant has certified that the project is consistent 
with the State's coastal management program.
    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 and Ground II. 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 section 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. 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 if the proposed activity is 
not permitted to go forward as proposed.
    Public comments are invited on the findings that the Secretary must 
make as set forth in the regulations at 15 CFR 930.121 and 930.122. In 
addition, the National Oceanic and Atmospheric Administration (NOAA) of 
the Department of Commerce will hold a public hearing in this appeal. 
NOAA plans to hold this hearing around the same time as the hearing to 
be held by the Minerals Management Service (MMS) on the draft 
environmental impact statement that MMS is preparing on Chevron's 
project. NOAA will publish a Federal Register notice announcing the 
date and time for the public hearing when it has been scheduled. Public 
comments will be accepted from now until 30 days after the hearing. 
Comments should be sent to Ms. Mary O'Brien, 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.
    This notice was originally published on July 9, 1998, at 53 FR 
37094. The notice has been revised to reflect the extension of the 
public comment period and also to clarify statements that appeared in 
the original notice.

FOR FURTHER INFORMATION CONTACT: Ms. Mary O'Brien, 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 31, 1998.
Monica Medina,
General Counsel.
[FR Doc. 98-21082 Filed 8-5-98; 8:45 am]
BILLING CODE 3510-08-M