[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Notices]
[Page 53719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26259]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration


Coastal Zone Management; Federal Consistency Appeal

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Notice of appeal and request for comments.

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    Jessie W. Taylor (Appellant), filed with the Secretary of Commerce 
(Secretary) a notice of appeal pursuant to section 307(c)(3)(A) of the 
Coastal Zone Management Act of 1972 (CZMA), as amended, 16 U.S.C. 
Secs. 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 South Carolina Office of Ocean and Coastal Resource 
Management (State) to the Appellant's project which involves placing 
fill material in approximately 0.6 acres of wetlands for the purpose of 
commercial development. The site of the proposed project consists of 
two undeveloped lots, which are located in a commercial area adjacent 
to Highway 17, in Surfside Beach, Horry County, South Carolina. The 
Appellant has certified that the project, for which a U.S. Army Corps 
of Engineers permit must be obtained, is consistent with the State's 
coastal management program (CMP).
    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. 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 section 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 CMP. 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 Mr. Roger B. Eckert, 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 ADDITIONAL INFORMATION CONTACT: Mr. Roger B. Eckert, 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: October 4, 1996.
Terry D. Garcia,
General Counsel.
[FR Doc. 96-26259 Filed 10-11-96; 8:45 am]
BILLING CODE 3510-08-M