[Federal Register Volume 71, Number 10 (Tuesday, January 17, 2006)]
[Notices]
[Pages 2526-2527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-356]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Availability of Record of Decision and Final Findings 
on Approvability for the Office of Ocean and Coastal Resource 
Management's Review of Amendments to the Alaska Coastal Management 
Program Final Environmental Impact Statement (EIS)

AGENCY: Department of Commerce, National Oceanic and Atmospheric 
Administration (NOAA), Office of Ocean and Coastal Resource Management.

ACTION: Notice of availability of Record of Decision and Final Findings 
of Approvability for Amendment to the Alaska Coastal Management 
Program.

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SUMMARY: NOAA's Office of Ocean and Coastal Resource Management (OCRM) 
announces availability of the Record of Decision (ROD) and Final 
Findings of Approvability (Findings) for OCRM's Review of Amendments to 
the Alaska Coastal Management Program (ACMP) final Environmental Impact 
Statement (EIS). On June 2, 2005, OCRM received the State of Alaska's 
request to incorporate Executive Order 106, House Bills 191, 69, 86, 
Senate Bill 102, revisions to statute AS 46, and new implementing 
regulations at 11 AAC 110, 11 AAC 112, and 11 AAC 114 as an amendment 
to the ACMP. The new implementing regulations replace the existing 
consistence review procedure regulations previously found at 6 AAC 50, 
the statewide standards previously found at 6 AAC 80, and the district 
program guidelines previously found at 6 AAC 85 as the enforceable 
policies of the ACMP. The final EIS was released to the public for 30 
days after the publication of a Notice of Availability in the Federal 
Register on November 25, 2005 (79 FR 71139). The ROD documents the 
selection of Alternative 1 (the NOAA preferred alternative) in the 
final EIS. The Findings make a final determination that the ACMP, as 
amended by the June 2, 2005, ACMP Amendment Document, still constitutes 
an approvable program and that procedural requirements of the CZMA and 
its implementing regulations have been met. The ROD and Findings were 
signed by the Deputy Assistant Administrator, National Ocean Service 
(NOS) on December 29, 2005. Federal consistency applies to the revised 
ACMP enforceable policies as of December 29, 2005.

ADDRESSES: A copy of the ROD and the Findings may be obtained from 
Helen Bass, Environmental Protection Specialist, National Oceanic and 
Atmospheric Administration, OCRM/CPD, N/ORM3, Station 11207, 1305 East-
West Highway, Silver Spring, MD 20910, or at [email protected], (301) 
713-3155, extension 175 (telephone) and 301-713-4367 (FAX). The 
documents are also available on OCRM's Web site at http://coastalmanagement.noaa.gov/pcd/up.html.

FOR FURTHER INFORMATION CONTACT: Bill Millhouser, Pacific Regional Team 
Leader, National Oceanic and Atmospheric Administration, OCRM/CPD, N/
ORM3, Station 11204, 1305 East-West Highway, Silver Spring, MD 20910, 
or [email protected], (301) 713-3155, extension 189, 
(telephone), 301-713-4367 (FAX).

SUPPLEMENTARY INFORMATION: The following is a summary of the ROD and 
the Findings. On June 2, 2005, Alaska formally submitted to NOAA a 
request to amend the ACMP.
    The amendment included the above-referenced laws and new 
implementing regulations, which replace the existing consistency review 
procedure regulations previously found at 6 AAC 50, the statewide 
standards previously found at 6 AAC 80, and the district program 
guidelines previously found at 6 AAC 85. The Rod selects final EIS 
Alternative 1, Approve Alaska's Request for Amendment of the ACMP. OCRM 
arrived at this decision while taking environmental, economic, and 
agency statutory mission considerations into account, as discussed in 
greater detail in the ROD and Section 10 of the final EIS. The Findings 
provide an analysis of how the ACMP, as amended, meets the requirements 
of the CZMA at 15 CFR part 923, including uses subject to management, 
special management areas, boundaries, authorities and organization, and 
coordination, public involvement, and national interest.
    The following factors weighed most heavily in OCRM's decision: (1) 
Continued ACMP approvability as amended by the proposed program change; 
and (2) impacts to coastal resources and communities associated with 
the continued existence of the ACMP. OCRM approved the ACMP amendment 
because OCRM believes Alternative 1 meets the program change 
requirements of the CZMA, and will be the best opportunity for 
continued comprehensive protection of Alaska's coastal resources. OCRM 
did not select either Alternative 2 (Failure to Approve Alaska's 
Request for Amendment of the ACMP) or Alternative 3 (Deny Alaska's 
Request for Amendment of the ACMP) because both ultimately would have 
resulted in the repeal and termination of the ACMP. Termination of the 
ACMP would potentially lead to adverse physical and socio-economic 
impacts to coastal resources and communities associated with (1) lack 
of Federal consistency requirements available only through 
participation in the national coastal management program; (2) loss of 
funding for implementation of the ACMP; and (3) loss of Alaska's 
comprehensive coastal management program which allows for district

[[Page 2527]]

participation in State coastal resource management decisions. In 
addition, the ROD identifies mitigation and monitoring measures OCRM 
will implement as part of its continued oversight of Alaska's 
implementation of the ACMP.

(Federal Domestic Assistance Catalog 11.419 Coastal Zone Management 
Program Administration)

    Dated: January 6, 2006.
Eldon Hout,
Director, Office of Ocean and Coastal Resource Management, National 
Ocean Service, National Oceanic and Atmospheric Administration.
[FR Doc. 06-356 Filed 1-13-06; 8:45 am]
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