[Federal Register: July 8, 2008 (Volume 73, Number 131)]
[Notices]
[Page 38988-38989]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy08-46]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by Foothill/Eastern Transportation
Corridor Agency
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (Commerce).
ACTION: Notice of Public Hearing.
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SUMMARY: This notice provides information about a public hearing to be
held by the National Oceanic and Atmospheric Administration (NOAA) in
Irvine, California. The hearing involves an administrative appeal filed
with the Department of Commerce by the Foothill/Eastern Transportation
Corridor Agency and its board of directors (TCA). This notice also
announces the reopening of the public and Federal agency comment period
for the TCA Consistency Appeal, beginning July 21, 2008 and running
through August 4, 2008.
DATES: NOAA will conduct a public hearing in the TCA Consistency Appeal
on July 25, 2008. The hearing will begin at 10:30 a.m. and will
continue until 8:30 p.m. Speaker registration begins at 10 a.m. on the
day of the hearing.
ADDRESSES: The public hearing and speaker registration will be held at
the University of California, Irvine, Bren Events Center, 100 Bren
Events Center, Irvine, California 92697. Written comments on issues
relevant to the Secretary's decision in this appeal may be submitted at
the hearing. In addition, from July 21, 2008 to August 4, 2008,
comments may be submitted by e-mail to gcos.comment@noaa.gov or by mail
addressed to Thomas Street at the NOAA Office of the General Counsel
for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring,
MD 20910.
FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA
Office of the General Counsel, 301-713-2967, or Stephanie Campbell,
Attorney-Advisor, NOAA Office of the General Counsel, 301-713-2967, or
gcos.inquiries@noaa.gov.
SUPPLEMENTARY INFORMATION: On February 15, 2008, TCA filed notice of an
appeal with the Secretary of
[[Page 38989]]
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. TCA appealed an objection by the
California Coastal Commission (Commission) to TCA's proposed
construction of an extension to California State Route 241 in northern
San Diego and southern Orange Counties, California.
Under the CZMA, the Secretary may override the Commission's
objection if he determines that the project is consistent with the
objectives or purposes of the CZMA or is otherwise necessary in the
interest of national security. To make the determination that the
proposed activity is ``consistent with the objectives 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.
On March 17, 2008, NOAA published a notice in the Federal Register
announcing, among other things, that a public hearing might be held
concerning this appeal. The hearing will be held. This notice provides
scheduling and procedural information about the hearing.
The hearing in this appeal will commence at 10:30 a.m. at the Bren
Events Center and will continue throughout the day with afternoon and
evening sessions. Intermissions are expected near noon and late in the
afternoon (around 4:30 p.m.). Other recesses may be called as
necessary. Speakers must register on the day of the hearing, on site,
at the Bren Events Center. Registration of speakers will begin at 10
a.m. The order of the speakers will be determined by the NOAA officials
administering the hearing. Speakers generally will be recognized in the
order in which they register (a first-come-first-served basis),
alternating between individuals from the general public and those
representing organizations. Specific periods are expected to be set
aside during the afternoon and evening sessions for remarks by elected
officials. Depending on the number of persons wishing to speak,
speakers from the general public will receive up to three minutes to
present their oral comments. Elected officials and individuals
representing organizations will receive five minutes to speak. Only one
individual may speak on behalf of an organization.
Written comments on issues relevant to the Secretary's decision in
this appeal may be submitted to NOAA at the hearing by any person in
attendance. In addition, written comments may be submitted by e-mail to
gcos.comments@noaa.gov or by mail addressed to Thomas Street, NOAA
Office of General Counsel for Ocean Services, 1305 East-West Highway,
Room 6111, Silver Spring, MD 20910. Comments must be received by August
4, 2008.
This hearing is being held to obtain information on issues the
Secretary will likely consider in deciding the TCA's appeal. A summary
of relevant issues as well as additional background on the appeal
appeared in the Federal Register notice of March 17, 2008, announcing
the appeal, and may be found on the Internet at http://www.ogc.doc.gov/
czma.com.htm. This Web site also includes additional information on the
hearing, including conduct and decorum that is required, restrictions
on the use of cameras and recording equipment and the display of signs
and banners in the hearing room, the process by which testimony will be
transcribed and made part of the record, and other rules and
guidelines. (Please see the set of Frequently Asked Questions regarding
the hearing.)
Questions concerning the hearing should be directed to Thomas
Street, Attorney-Advisor, NOAA Office of the General Counsel, 301-713-
2967, or Stephanie Campbell, Attorney-Advisor, NOAA Office of the
General Counsel, 301-713-2967, or gcos.inquiries@noaa.gov.
Dated: June 2, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance.]
[FR Doc. E8-15500 Filed 7-7-08; 8:45 am]
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