[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Notices]
[Page 20028]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap08-36]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by AES Sparrows Point LNG, LLC and
Mid-Atlantic Express, L.L.C.
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 AES Sparrows Point LNG, LLC and Mid-Atlantic Express,
L.L.C. (collectively, AES).
DATES: The decision record for AES' administrative appeal was closed on
April 14, 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: Odin Smith, Attorney-Advisor, Office
of the Assistant General Counsel for Legislation and Regulation,
Department of Commerce, via e-mail at osmith@doc.gov, or at (202) 482-
4144.
SUPPLEMENTARY INFORMATION: On August 8, 2007, AES filed a notice of
appeal with the Secretary of Commerce (Secretary) 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 CFR part 930, subpart H. The appeal was
taken from an objection by the Maryland Department of the Environment
(State) to AES' consistency certification for U.S. Army Corps of
Engineers and Federal Energy Regulatory Commission permits to construct
and operate a liquefied natural gas (LNG) terminal and associated 88-
mile natural gas pipeline. The certification indicates that the project
is consistent with Maryland's coastal management program. The project
would affect the natural resources or land and water uses of Maryland's
coastal zone.
AES requested the Secretary to override the State's consistency
objection on grounds the proposed project allegedly is consistent with
the objectives of the CZMA, and 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. 16 U.S.C. 1465.
Consistent with this deadline, the AES appeal decision record was
closed on April 14, 2008. No further information, briefs or comments
will be considered in deciding this appeal.
The CZMA requires that a notice be published in the Federal
Register indicating the date on which the decision record has been
closed. 16 U.S.C. 1465(b)(2). A final decision of the AES appeal must
be issued no later than 60 days after the date of the publication of
this notice. 16 U.S.C. 1465(c)(1). The deadline may be extended by
publishing (within the 60-day period) a subsequent notice explaining
why a decision cannot be issued within that time frame. 16 U.S.C.
1465(c)(1). In this event, a final decision must be issued no later
than 15 days after the date of publication of the subsequent notice. 16
U.S.C. 1465(c)(2).
Additional information about the AES appeal and the CZMA appeals
process is available from the 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: April 9, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[FR Doc. E8-7904 Filed 4-11-08; 8:45 am]
BILLING CODE 3510-08-P