[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Notices]
[Pages 39483-39484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18758]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Coastal Zone Management: Federal Consistency Appeal by Chevron 
U.S.A. From an Objection by the State of Florida

AGENCY: National Oceanic and Atmospheric Administration.

ACTION: Notice of Appeal and Public Hearing and Request for Comments.

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    Chevron U.S.A. Production Company (Appellant), filed with the 
Secretary of Commerce (Secretary) a notice of appeal pursuant to 
section 307(c)(3)(B) 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 State of Florida (State) to the 
Appellant's consistency certification for a Development and Production 
Plan to produce up to 21 natural gas wells in the Destin Dome 56 Unit, 
some 15 miles from Florida waters and approximately 25 miles from 
Pensacola. The Appellant has certified that the project is consistent 
with the State's coastal management program.
    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 and 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 
proposed activity furthers one or more of the national objectives or 
purposes contained in Secs. 302 or 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

[[Page 39484]]

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 coastal management program. 15 CFR 930.121. 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 if the proposed activity is not permitted to go 
forward as proposed. 15 CFR 930.122.
    A public hearing has been scheduled to address the findings the 
Secretary must make for each appeal as set forth in the regulations at 
15 CFR 930.121 and 930.122. The public hearing will be held on 
September 27, 1999, from 6:00 p.m. until 10:00 p.m. at the New World 
Landing, 600 South Palafox Street, Pensacola, FL. Persons interested in 
speaking at the hearing regarding any of the above criteria are 
required to register on the day of the hearing at New World Landing. 
Registration of speakers will begin at 5:00 p.m. Oral comments from 
public interest/lobbyist groups will be recognized on a first-come-
first serve basis and will be limited to five minutes. Oral comments 
from the general public will be recognized on a first-come-first-serve 
basis and will be limited to three minutes. Written comments will be 
accepted at the public hearing.
    In addition, written comments on the findings the Secretary must 
make for each appeal may be sent to Karl Gleaves, 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 comments will also be 
forewarded to the Appellant and the State. Comments are due by October 
27, 1999.
    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, NOAA.

FOR ADDITIONAL INFORMATION CONTACT: Karl Gleaves, Assistant 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: July 8, 1999.
Monica Medina,
General Counsel.
[FR Doc. 99-18758 Filed 7-21-99; 8:45 am]
BILLING CODE 3510-08-M