[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Notices]
[Page 20028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7904]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by AES Sparrows Point LNG, LLC and 
Mid-Atlantic Express, L.L.C.

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

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

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SUMMARY: This announcement provides notice that the decision record has 
been closed for an administrative appeal filed with the Department of 
Commerce by AES Sparrows Point LNG, LLC and Mid-Atlantic Express, 
L.L.C. (collectively, AES).

DATES: The decision record for AES' administrative appeal was closed on 
April 14, 2008.

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, 
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Odin Smith, Attorney-Advisor, Office 
of the Assistant General Counsel for Legislation and Regulation, 
Department of Commerce, via e-mail at [email protected], or at (202) 482-
4144.

SUPPLEMENTARY INFORMATION: On August 8, 2007, AES 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 (CZMA), as 
amended, 16 U.S.C. 1451 et seq., and the Department of Commerce's 
implementing regulations, 15 CFR part 930, subpart H. The appeal was 
taken from an objection by the Maryland Department of the Environment 
(State) to AES' consistency certification for U.S. Army Corps of 
Engineers and Federal Energy Regulatory Commission permits to construct 
and operate a liquefied natural gas (LNG) terminal and associated 88-
mile natural gas pipeline. The certification indicates that the project 
is consistent with Maryland's coastal management program. The project 
would affect the natural resources or land and water uses of Maryland's 
coastal zone.
    AES requested the Secretary to override the State's consistency 
objection on grounds the proposed project allegedly is consistent with 
the objectives of the CZMA, and necessary in the interest of national 
security. Decisions for CZMA administrative appeals are based on 
information contained in a decision record. Under the CZMA, the 
decision record must close no later than 220 days after notice of the 
appeal was first published in the Federal Register. 16 U.S.C. 1465. 
Consistent with this deadline, the AES appeal decision record was 
closed on April 14, 2008. No further information, briefs or comments 
will be considered in deciding this appeal.
    The CZMA requires that a notice be published in the Federal 
Register indicating the date on which the decision record has been 
closed. 16 U.S.C. 1465(b)(2). A final decision of the AES appeal must 
be issued no later than 60 days after the date of the publication of 
this notice. 16 U.S.C. 1465(c)(1). The deadline may be extended by 
publishing (within the 60-day period) a subsequent notice explaining 
why a decision cannot be issued within that time frame. 16 U.S.C. 
1465(c)(1). In this event, a final decision must be issued no later 
than 15 days after the date of publication of the subsequent notice. 16 
U.S.C. 1465(c)(2).
    Additional information about the AES appeal and the CZMA appeals 
process is available from the Department of Commerce CZMA appeals Web 
site http://www.ogc.doc.gov/czma.htm.

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

    Dated: April 9, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
 [FR Doc. E8-7904 Filed 4-11-08; 8:45 am]
BILLING CODE 3510-08-P