[Federal Register Volume 66, Number 101 (Thursday, May 24, 2001)]
[Notices]
[Pages 28731-28732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13152]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Coast Zone Management: Federal Consistency Appeal by Port of 
Seattle From an Objection by the State of Washington

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Dismissal of appeal.

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    By letters dated July 17 and August 19, 1998, the Port of Seattle 
(Appellant) filed with the Secretary of Commerce notices of appeal 
pursuant to section 307(c)(3)(A) of the Coastal Zone Management Act of 
1972, as amended, (CZMA), 16 U.S.C. 1451 et seq., and the Department of 
Commerce's implementing regulations at 15 CFR part 930, subpart H. The 
first appeal was taken from an objection by the State of Washington 
(State) to the Appellant's consistency certification for a Clean Water 
Act section 404 permit to construct a runway and airport support 
facilities at Seattle-Takoma International Airport. The second appeal 
was taken from a later ``conditional concurrence'' by the State with 
the same consistency certification.
    At the Appellant's request, the General Counsel for the National 
Oceanic and Atmospheric Administration (NOAA) granted a stay of the 
consistency appeals pending disposition of parallel appeals that had 
been filed simultaneously by the Port of

[[Page 28732]]

Seattle with the Washington Pollution Control Hearings Board (Board). 
The State did not oppose the stay. The two appeals before the Board 
have been dismissed. With the dismissal of the appeals before the 
Board, the Appellant requested that the two consistency appeals be 
dismissed. The State concurred and NOAA accordingly dismissed the 
appeals. The Appellant is barred from filing another appeal from the 
State's objection to its consistency certification. This is a final 
agency action for purposes of judicial review.

FOR FURTHER INFORMATION CONTACT: Stephanie Campbell, Attorney-Adviser, 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce, 1305 East-West Highway, Room 6111, Silver Spring, Maryland 
20910, (301) 713-2967.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance)

    Dated: May 8, 2001.
Craig O'Connor,
Acting General Counsel.
[FR Doc. 01-13152 Filed 5-23-01; 8:45 am]
BILLING CODE 3510-08-M