[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Notices]
[Pages 42772-42773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16880]


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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 is provided to cancel the July 25, 2008 public 
hearing that was to be held by the National Oceanic and Atmospheric 
Administration (NOAA) in Irvine, California regarding the appeal filed 
with the Department of Commerce by the Foothill/Eastern Transportation 
Corridor Agency (TCA). The public hearing was noticed in the Federal 
Register on July 8, 2008, and is being canceled because the venue that 
had agreed to serve as the site for the hearing--the Bren Events Center 
of the University of California, Irvine--has withdrawn its agreement to 
do so. The public and Federal agency comment period for the TCA 
Consistency Appeal will remain open July 21, 2008 through August 4, 
2008.

DATES: NOAA will not be conducting a public hearing in the TCA 
Consistency Appeal on July 25, 2008, but the public and Federal agency 
comment period will remain open from July 21, 2008 to August 4, 2008.

ADDRESSES: Comments on the appeal 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 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. On July 8, 2008, NOAA published notice in the 
Federal Register describing scheduling and procedural information about 
the hearing. The hearing was to be held at the Bren Events Center of 
the University of California, Irvine (Bren Center) on July 25, 2008. 
The Bren Center was chosen in part because of its capacity. The 
facility can seat 4,700 people, which is substantially more than the 
crowd of approximately 3,500 that attended the Commission's hearing on 
the TCA project earlier this year.
    After notice of the hearing was published, the Bren Center was 
contacted by a number of interested individuals and groups that intend 
to attend the hearing. Based on these communications, the Bren Center 
staff estimated over 10,000 people may

[[Page 42773]]

attend the public hearing, and determined their facility could not 
accommodate a crowd of this size, as it would exceed the facility's 
capacity and security resources. On July 10, the Bren Center staff 
informed NOAA that they withdrew their agreement to serve as the site 
for the hearing, forcing NOAA to cancel the July 25 hearing date.
    NOAA is currently looking at later dates for a hearing and 
alternative sites that are consistent with available resources. In the 
meantime, the public may submit written comments on the appeal from 
July 21 through August 4, the period established in NOAA's July 8 
Federal Register notice. Specifically, 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.
    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. Questions 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].

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

    Dated: July 18, 2008.
Jeffrey S. Dillen,
Acting Assistant General Counsel for Ocean Services.
[FR Doc. E8-16880 Filed 7-22-08; 8:45 am]
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