[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Notices]
[Page 45011-45012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au07-32]
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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]
BILLING CODE 3510-08-M