[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Notices]
[Page 54410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21453]



[[Page 54410]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Coastal Zone Management: Federal Consistency Appeal by John T. 
Keegan From an Objection by the Puerto Rico Planning Board

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Notice of appeal and request for comments.

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    By letter dated September 6, 2001, Aram V. Terchunian filed with 
the Secretary of Commerce (Secretary) a notice of appeal on behalf of 
Peter and Nancy Fenner (Appellant), 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 is taken from an 
objection by the New York Department of State (State) to the 
Appellant's consistency certification for a U.S. Army Corps of 
Engineers' permit to build a catwalk and dock at West Hampton Dunes.
    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 either Ground I or 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 
activity furthers the national interest as articulated in Secs. 302 or 
303 of the CZMA, in a significant or substantial manner, (2) the 
national interest furthered by the activity outweighs the activity's 
adverse coastal effects, when those effects are considered separately 
or cumulatively, and (3) there is no reasonable alternative available 
which would permit the activity to be conducted in a manner consistent 
with the enforceable policies of the management program. See 15 CFR 
930.121.
    Public comments are invited on the findings that the Secretary must 
make as set forth in the regulations at 15 CFR 930.121. Comments are 
due within 30 days of the publication of this notice and should be sent 
to Ms. Suzanne Bass, 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.

FOR FURTHER INFORMATION CONTACT: Ms. Suzanne Bass, 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: August 4, 2002.
James R. Walpole,
General Counsel.
[FR Doc. 02-21453 Filed 8-21-02; 8:45 am]
BILLING CODE 3510-08-M