[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68228-68229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30532]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Chicago Deer River Properties, LLC, 
d/b/a Theodore Industrial Port

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

ACTION: Notice of appeal.

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SUMMARY: This announcement provides notice that Chicago Deer River 
Properties, LLC, d/b/a Theodore Industrial Port (Theodore Industrial 
Port), has filed an administrative appeal with the Department of 
Commerce (Department), asking that the Secretary override an objection 
by the Alabama Department of Environmental Management (Alabama) to the 
proposed filling of a tidal pond at Theodore Industrial Port facilities 
in Theodore, Alabama, near Mobile Bay.

DATES: Comments regarding this appeal or requests for a public hearing 
must be sent in writing to the NOAA, Office of General Counsel for 
Ocean Services postmarked or e-mailed no later than January 29, 2010.

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 General Counsel, 301-713-7390, or at [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    On November 25, 2009, Theodore Industrial Port 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. The 
appeal is taken from an objection by Alabama to Theodore Industrial 
Port's consistency certification for a U.S. Army Corps of Engineers 
permit for a proposed port enhancement project at the Theodore 
Industrial Port in Theodore, Alabama. The specific activity sought to 
be permitted involves the filling of a tidal pond.
    Under the CZMA, the Secretary may override Alabama'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 determination that the proposed activity is 
``consistent with the objectives or purposes of the CZMA,'' the 
Department 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

[[Page 68229]]

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 applicable 
coastal management program. 15 CFR 930.121. Conversely, to make the 
determination that the proposed activity is ``necessary in the interest 
of national security,'' the Secretary must find that a national defense 
or other national security interest would be significantly impaired 
were the activity not permitted to go forward as proposed. 15 CFR 
930.122.

II. Opportunity for Federal Agency and Public Comment

    Pursuant to Department of Commerce regulations, the public and 
interested federal agencies may submit comments on this appeal. Written 
comments must be sent no later than January 29, 2010 to the attention 
of Thomas Street, 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].

III. Opportunity for a Public Hearing

    Pursuant to Department of Commerce regulations, the Secretary may 
hold a public hearing on this appeal, either in response to a request 
for a public hearing or at the Secretary's own initiative. If a public 
hearing is held, it shall be noticed in the Federal Register, and the 
Secretary shall reopen the public and Federal agency comment period for 
a 10-day period following the hearings. Written requests for a public 
hearing must be sent no later than January 29, 2010 to the attention of 
Thomas Street, 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].

IV. Appeal Documents

    NOAA intends to provide the public with access to all publicly 
available materials and related documents comprising the appeal record 
on the following Web site: http://www.ogc.doc.gov/czma.htm; and during 
business hours, at the NOAA, Office of General Counsel for Ocean 
Services. For additional information concerning this appeal, please 
contact Thomas Street, NOAA, Office of General Counsel for Ocean 
Services, 301-713-7390 or [email protected].

[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]

    Dated: December 18, 2009.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services, NOAA.
[FR Doc. E9-30532 Filed 12-22-09; 8:45 am]
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