[Federal Register Volume 73, Number 52 (Monday, March 17, 2008)]
[Notices]
[Pages 14225-14226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5247]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Foothill/Eastern Transportation 
Corridor Agency

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

ACTION: Notice of appeal.

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SUMMARY: This announcement provides notice that Foothill/Eastern 
Transportation Corridor Agency (TCA) has filed an administrative appeal 
with the Department of Commerce asking that the Secretary override the 
California Coastal Commission's (CCC) objection to TCA's construction 
of an extension to California State Route 241 in northern San Diego and 
southern Orange Counties, California.

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, 301-713-2967, [email protected] or 
Stephanie Campbell, Attorney-Advisor, NOAA Office of the General 
Counsel, 301-713-2967, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal

    On February 15, 2008, TCA 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. TCA appealed an 
objection to its construction of an extension to California State Route 
241 in northern San Diego and southern Orange Counties, California.
    Under the CZMA, the Secretary may override CCC's objection on 
grounds that the project is consistent with the objectives or purposes 
of the CZMA or otherwise necessary in the interest of national 
security. To make the

[[Page 14226]]

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 the CCC's coastal 
management program. 15 CFR 930.121.

II. Opportunity for Federal Agency and Public Comment and Public 
Hearing

    Pursuant to regulation, the public and interested Federal agencies 
may submit any comments on this appeal from April 28, 2008--May 28, 
2008. All comments should be directed in writing to the NOAA Office of 
General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, 
Silver Spring, MD 20910 or via e-mail to [email protected].
    Federal regulations also allow for a public hearing for this 
appeal, occurring at the Secretary's own initiative or upon request. A 
request for a public hearing must be filed with the Secretary within 30 
days of the date of this notice's publication in the Federal Register. 
Such requests should be directed in writing to the Secretary at the 
following address: Thomas Street, staff attorney, NOAA Office of 
General Counsel for Ocean Services, 1305 East-West Highway, Room 6111, 
Silver Spring, MD 20910.

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, Attorney-Advisor, NOAA Office of the General Counsel, 
301-713-2967, [email protected] or Stephanie Campbell, Attorney-
Advisor, NOAA Office of the General Counsel, 301-713-2967, 
[email protected].

    Dated: March 11, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]

[FR Doc. E8-5247 Filed 3-14-08; 8:45 am]
BILLING CODE 3510-08-P