[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38988-38989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15500]


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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 Public Hearing.

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SUMMARY: This notice provides information about a public hearing to be 
held by the National Oceanic and Atmospheric Administration (NOAA) in 
Irvine, California. The hearing involves an administrative appeal filed 
with the Department of Commerce by the Foothill/Eastern Transportation 
Corridor Agency and its board of directors (TCA). This notice also 
announces the reopening of the public and Federal agency comment period 
for the TCA Consistency Appeal, beginning July 21, 2008 and running 
through August 4, 2008.

DATES: NOAA will conduct a public hearing in the TCA Consistency Appeal 
on July 25, 2008. The hearing will begin at 10:30 a.m. and will 
continue until 8:30 p.m. Speaker registration begins at 10 a.m. on the 
day of the hearing.

ADDRESSES: The public hearing and speaker registration will be held at 
the University of California, Irvine, Bren Events Center, 100 Bren 
Events Center, Irvine, California 92697. Written comments on issues 
relevant to the Secretary's decision in this appeal may be submitted at 
the hearing. In addition, from July 21, 2008 to August 4, 2008, 
comments may be submitted by e-mail to [email protected] or by mail 
addressed to Thomas Street at the NOAA Office of the General Counsel 
for Ocean Services, 1305 East-West Highway, Room 6111, Silver Spring, 
MD 20910.

FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA 
Office of the General Counsel, 301-713-2967, or Stephanie Campbell, 
Attorney-Advisor, NOAA Office of the General Counsel, 301-713-2967, or 
[email protected].

SUPPLEMENTARY INFORMATION: On February 15, 2008, TCA filed notice of an 
appeal with the Secretary of

[[Page 38989]]

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 by the 
California Coastal Commission (Commission) to TCA's proposed 
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 the Commission's 
objection if he determines that the project is consistent with the 
objectives or purposes of the CZMA or is otherwise necessary in the 
interest of national security. 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 the state's coastal management program. 15 CFR 
930.121.
    On March 17, 2008, NOAA published a notice in the Federal Register 
announcing, among other things, that a public hearing might be held 
concerning this appeal. The hearing will be held. This notice provides 
scheduling and procedural information about the hearing.
    The hearing in this appeal will commence at 10:30 a.m. at the Bren 
Events Center and will continue throughout the day with afternoon and 
evening sessions. Intermissions are expected near noon and late in the 
afternoon (around 4:30 p.m.). Other recesses may be called as 
necessary. Speakers must register on the day of the hearing, on site, 
at the Bren Events Center. Registration of speakers will begin at 10 
a.m. The order of the speakers will be determined by the NOAA officials 
administering the hearing. Speakers generally will be recognized in the 
order in which they register (a first-come-first-served basis), 
alternating between individuals from the general public and those 
representing organizations. Specific periods are expected to be set 
aside during the afternoon and evening sessions for remarks by elected 
officials. Depending on the number of persons wishing to speak, 
speakers from the general public will receive up to three minutes to 
present their oral comments. Elected officials and individuals 
representing organizations will receive five minutes to speak. Only one 
individual may speak on behalf of an organization.
    Written comments on issues relevant to the Secretary's decision in 
this appeal may be submitted to NOAA at the hearing by any person in 
attendance. In addition, written comments may be submitted by e-mail to 
[email protected] or by mail addressed to Thomas Street, NOAA 
Office of General Counsel for Ocean Services, 1305 East-West Highway, 
Room 6111, Silver Spring, MD 20910. Comments must be received by August 
4, 2008.
    This hearing is being held to obtain information on issues the 
Secretary will likely consider in deciding the TCA's appeal. A summary 
of relevant issues as well as additional background on the appeal 
appeared in the Federal Register notice of March 17, 2008, announcing 
the appeal, and may be found on the Internet at http://www.ogc.doc.gov/czma.com.htm. This Web site also includes additional information on the 
hearing, including conduct and decorum that is required, restrictions 
on the use of cameras and recording equipment and the display of signs 
and banners in the hearing room, the process by which testimony will be 
transcribed and made part of the record, and other rules and 
guidelines. (Please see the set of Frequently Asked Questions regarding 
the hearing.)
    Questions concerning the hearing should be directed to Thomas 
Street, Attorney-Advisor, NOAA Office of the General Counsel, 301-713-
2967, or Stephanie Campbell, Attorney-Advisor, NOAA Office of the 
General Counsel, 301-713-2967, or [email protected].

    Dated: June 2, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]
 [FR Doc. E8-15500 Filed 7-7-08; 8:45 am]
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