[Federal Register Volume 68, Number 209 (Wednesday, October 29, 2003)]
[Notices]
[Page 61657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27220]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Barnes Nursery, Inc. From an 
Objection by the Ohio Department of Natural Resources

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Notice of closure--administrative appeal decision record.

-----------------------------------------------------------------------

SUMMARY: This announcement provides notice that the appeal record has 
been closed for an administrative appeal filed with the Department of 
Commerce by Barnes Nursery, Inc.

DATES: The appeal record for the Barnes Nursery, Inc. administrative 
appeal will close as of the date of publication of this notice.

ADDRESSES: Materials from the appeal record are available at the 
Internet site http://www.ogc.doc.gov/czma.htm and at the Office of the 
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.

FOR FURTHER INFORMATION CONTACT: Molly Holt, 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 or at (301) 713-2967, 
extension 215.

SUPPLEMENTARY INFORMATION: On July 10, 2001, Barnes Nursery, Inc. 
(Appellant) filed a notice of appeal with the Secretary of Commerce 
(Secretary) pursuant to section 307(c)(3)(A) of the Coastal Zone 
Management Act of 1972, as amended, 16 U.S.C. 1451 et seq., (CZMA) and 
the Department of Commerce's implementing regulations, 15 CFR part 930, 
subpart H (revised, effective January 8, 2001). The appeal is taken 
from an objection by the Ohio Department of Natural Resources (State) 
to the Appellant's consistency certification for a U.S. Army Corps of 
Engineers after-the-fact permit to maintain an excavated channel and 
berm system intended to store water for agricultural purposes. This 
project is located in Erie County, Ohio adjacent to East Sandusky Bay.
    The decision of the Secretary is based on information and documents 
contained in the administrative record. The Barnes Nursery appeal 
administrative decision record includes materials submitted by the 
parties, the public and interested Federal agencies. It is expected 
that no further information, briefs or comments will be considered in 
deciding the appeal.
    The CZMA requires that a notice be published in the Federal 
Register indicating the date on which the decision record has been 
closed. A final decision on the Barnes Nursery appeal is to be issued 
no later than 90 days after the date of the publication of this notice. 
16 U.S.C. 1465(a). The deadline may be extended by publishing (within 
the 90-day period) a subsequent notice explaining why a decision cannot 
be issued within the time frame. In this event, a final decision is to 
be issued no later than 45 days after the date of publication of the 
subsequent notice. 16 U.S.C. 1465(b).
    Additional information about the Barnes Nursery appeal and the CZMA 
process is available from the Department of Commerce CZMA appeals Web 
site http:/www.ogc.doc.gov/czma.htm.

    Dated: October 21, 2003.
James R. Walpole,
General Counsel.

[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]
[FR Doc. 03-27220 Filed 10-28-03; 8:45 am]
BILLING CODE 3510-08-M