[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Notices]
[Pages 11620-11621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-917]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by G. Walter Swain

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

[[Page 11621]]


ACTION: Notice of Appeal.

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SUMMARY: This announcement provides notice that Mr. G. Walter Swain has 
filed an administrative appeal with the Department of Commerce asking 
that the Secretary override the State of Delaware's objection to Mr. 
Swain's proposed construction of a marina and associated structures at 
the confluence of Cedar Creek and Mispillion River, in Milford, 
Delaware.

ADDRESSES: Materials from the appeal record will be available at the 
NOAA Office of General Counsel for Ocean Services, 1305 East-West 
Highway, Room 6111, Silver Spring, MD 20910 and on the following Web 
site: http://www.ogc.doc.gov/czma.htm.

FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA 
Office of the General Counsel, 301-713-7390, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal

    On February 4, 2008, Mr. G. Walter Swain filed notice of an appeal 
with the Secretary of Commerce (Secretary), 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. Mr. Swain 
appealed an objection by the State of Delaware in the proposed 
construction of a marina and associated structures of the confluence of 
Cedar Creek and Mispillion River, in Milford, Delaware.
    Under the CZMA, the Secretary may override Delaware's objection on 
grounds that the project is consistent with the objectives of the CZMA 
or otherwise necessary in the interest of national security. 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 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 Delaware's coastal 
management program. 15 CFR 930.121.

II. Opportunity for Federal Agency and Public Comment

    Pursuant to regulation, the public and interested Federal agencies 
may submit any comments on this appeal from May 1, 2008-May, 30, 2008. 
All comments should be directed in writing to Thomas Street, attorney 
advisor, at the NOAA Office of General Counsel for Ocean Services, 1305 
East-West Highway, Room 6111, Silver Spring, MD 20910 or via electronic 
mail to [email protected].

III. Appeal Documents

    NOAA intends to provide the public with access to all publicly 
available materials and related documents comprising the appeal record 
during business hours, at the NOAA Office of General Counsel for Ocean 
Services.
    For additional information about this appeal, please contact Thomas 
Street, 301-713-7390 or [email protected].

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

    Dated: February 26, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[FR Doc. 08-917 Filed 3-03-08; 8:45 am]
BILLING CODE 3510-08-M