[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Notices]
[Pages 51290-51291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20283]


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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 announcement provides notice of a public hearing to be 
held by the National Oceanic and Atmospheric Administration (NOAA) in 
California. The hearing involves an administrative appeal filed with 
the Department of Commerce by the Foothill/Eastern Transportation 
Corridor Agency (TCA).

Date and Location: NOAA will conduct the public hearing on September 
22, 2008, from 10:30 a.m. to 8:30 p.m., in O'Brien Hall at the Del Mar 
Fairgrounds, 2260 Jimmy Durante Boulevard, Del Mar, CA 92014.

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.
    Comments: This notice reopens the comment period for public and 
Federal agency comments. The public comment period will remain open 
until October 2, 2008. Comments on issues relevant to the Secretary's 
decision of this appeal may be sent by mail to Thomas Street, Attorney-
Advisor, NOAA Office of General Counsel for Ocean Services, 1305 East-
West Highway, Room 6111, Silver Spring, MD 20910. Comments may also be 
sent via e-mail to [email protected].

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: 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. The hearing will be held. This notice provides 
scheduling and procedural information about the hearing. Because NOAA 
anticipates a large number of attendees at the public hearing, NOAA has 
established the following rules to ensure an orderly and efficient 
process and to maximize the public input and viewpoints that are 
received during time allotted.
    Members of the public, elected officials, and individuals 
representing organizations or tribes may give oral testimony at the 
hearing. Anyone wishing to provide oral testimony at the hearing must 
submit a written request via United States mail or commercial carrier 
(Federal Express/UPS/Airborne Express or similar means) to NOAA no 
later than September 12, 2008. No requests received after close-of-
business on September 12, 2008, or requests submitted via e-mail, 
facsimile, or voicemail will be considered. The written request should 
be sent to: Thomas Street, Attorney Advisor, NOAA Office of General 
Counsel for Ocean Services, 1305 East-West Highway, Room 6111, Silver 
Spring, MD 20910. Although the submission of a written request is a 
prerequisite to providing oral testimony, it is not a guarantee that an 
individual will be afforded the opportunity to testify due to the 
hearing's time constraints.
    A written request must include the individual's full name, address, 
and a statement of whether the testimony will be provided on behalf of: 
(i) An individual; (ii) an organization; (iii) an elected official; or 
(iv) a tribe. In his or her request to testify, an elected official 
must identify his or her official title and public office. An elected 
official must testify in person. A public hearing participant who 
wishes to provide testimony on behalf of an organization must submit 
the request on the organization's letterhead, identify his or her title 
within the organization, and certify that the individual is authorized 
to provide testimony on behalf of the organization. A participant who 
wishes to provide testimony on behalf of a tribe must identify the 
tribe and certify that he or she is authorized to provide testimony on 
behalf of the tribe.
    After receipt of written requests to provide testimony, NOAA staff 
will separate the requests into four general categories: Individuals, 
elected officials, organizations, and tribes. NOAA will then create a 
testimony schedule with speakers randomly selected from within each of 
the general categorical

[[Page 51291]]

groupings. Priority will be given to elected officials (first) and 
individuals representing organizations or tribes (second), with the 
remaining time allotted to individuals testifying on their own behalf. 
The testimony schedule will be published on the Department of Commerce 
Coastal Zone Management Act Web site (http://www.ogc.doc.gov/czma.htm) 
before the hearing.
    Speakers from the general public will receive up to three minutes 
to present oral comments. Elected officials and individuals 
representing organizations or tribes will receive up to five minutes to 
speak. In order to accommodate the maximum number of speakers, time 
limits will be strictly enforced. If any member of the public, elected 
official, or organizational or tribal representative misses his or her 
assigned speaking slot, there will be no ability to make it up. 
Speakers will not be permitted to cede time to another speaker, and 
only one person may speak on behalf of an organization or tribe.
    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 
October 2, 2008.
    NOAA officials administering the hearing will not entertain 
questions, and will not be making any substantive decisions at the 
hearing. 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.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.
    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: August 26, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]
[FR Doc. E8-20283 Filed 8-29-08; 8:45 am]
BILLING CODE 3510-08-P