[Federal Register Volume 71, Number 226 (Friday, November 24, 2006)]
[Notices]
[Page 67855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9379]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Boyer Towing, Inc. From an 
Objection by the Alaska Department of Natural Resources

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (Commerce).

ACTION: Notice of Appeal and request for comments--administrative 
appeal decision record.

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SUMMARY: This announcement provides notice that Boyer Towing, Inc. 
(``Boyer Towing'') has filed an administrative appeal with the 
Department of Commerce asking that the Secretary override the Alaska 
Department of Natural Resources (ADNR) objection to the construction of 
two proposed log raft mooring buoys inside of the small cover locally 
referred to as the ``Pothole,'' on the eastern shore of Woewodski 
Island in Wrangell Narrows, near Ketchikan, Alaska.

DATES: Public and federal agency comments on the appeal are due within 
30 days of the publication of this notice.

ADDRESSES: Comments should be sent to Odin Smith, Attorney-Advisor, 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910. 
Materials from the appeal record will be available at the NOAA Office 
of the General Counsel for Ocean Services.

FOR FURTHER INFORMATION CONTACT: Odin Smith, Attorney-Advisor, NOAA 
Office of the General Counsel, 301-713-7392.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    Boyer Towing has filed a notice of appeal with the Secretary of 
Commerce pursuant to the Coastal Zone Management Act of 1972 (CZMA), 16 
U.S.C. 1451 et seq., and implementing regulations found at 15 CFR Part 
930, Subpart H. Boyer Towing appealed an objection raised by the ADNR 
to a consistency certification contained within its application to the 
U.S. Army Corps of Engineers for a permit necessary to construct two 
log raft mooring buoys inside of the small cove locally referred to as 
the ``Pothole,'' on the eastern shore of Woewodski Island in Wrangell 
Narrows, near Ketchikan, Alaska.
    The Appellant requests that the Secretary override the State's 
consistency objections on grounds that the project is consistent with 
the objectives or purposes of the CZMA. To make the determination that 
the proposed activity is ``consistent with the objectives or purposes'' 
of the CZMA, the Secretary must find that: (1) The proposed activity 
furthers the national interest as articulated in sections 302 or 303 of 
the CZMA, in a significant or substantial manner; (2) the adverse 
effects of the proposed activity do not outweigh its contribution to 
the national interest, when those effects are considered separately or 
cumulatively; and (3) no reasonable alternative is available that would 
permit the activity to be conducted in a manner consistent with 
enforceable policies of Alaska's coastal management program. 15 CFR 
930.121 (2005), as amended, 71 FR 787831 (Jan. 5, 2006).

II. Public and Federal Agency Comments

    Written comments are invited on any of the issues that the 
Secretary must consider in deciding this appeal. Comments must be 
received within 30 days of the publication of this notice, and may be 
submitted to Odin Smith, Attorney-Advisory, NOAA 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. Comments will be made available to 
Boyer Towing and the State.

III. Appeal Documents

    NOAA intends to provide the public with access to all materials and 
related documents comprising the appeal record during business hours, 
at the NOAA Office of the General Counsel for Ocean Services.
    For additional information about this appeal contact Odin Smith, 
301-713-7392.

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

    Dated: November 20, 2006.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[FR Doc. 06-9379 Filed 11-22-06; 8:45 am]
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