Federal Register: July 22, 1999 (Volume 64, Number 140)NoticesPage 39483-39484From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr22jy99-42

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Coastal Zone Management: Federal Consistency Appeal by Chevron U.S.A. From an Objection by the State of Florida

AGENCY: National Oceanic and Atmospheric Administration.

ACTION: Notice of Appeal and Public Hearing and Request for Comments.

Chevron U.S.A. Production Company (Appellant), filedwith the Secretary of Commerce (Secretary) a notice of appeal pursuant to section 307(c)(3)(B) 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 is taken from an objection by the State of Florida (State) to the Appellant's consistency certification for a Development and Production Plan to produce up to 21 natural gas wells in the Destin Dome 56 Unit, some 15 miles from Florida waters and approximately 25 miles from Pensacola. The Appellant has certified that the project is consistent with the State's coastal management program.

The CZMA provides that a timely objection by a state precludes any federal agency from issuing licenses or permits for the activity unless the Secretary finds that the activity is either ``consistent with the objectives'' of the CZMA (Ground I) or ``necessary in the interest of national security'' (Ground II). Section 307(c)(3)(A). To make such a determination, the Secretary must find that the proposed project satisfies the requirements of 15 CFR 930.121 or 930.122.

The Appellant requests that the Secretary override the State's consistency objections based on Ground I and Ground II. To make the determination that the proposed activity is ``consistent with the objectives'' of the CZMA, the Secretary must find that: (1) the proposed activity furthers one or more of the national objectives or purposes contained in Secs. 302 or 303 of the CZMA, (2) the adverse effects of the proposed activity do not outweigh its contribution to the national interest, (3) the proposed activity will not violate the Clean Air Act or the Federal Water

[Page 39484]Pollution Control Act, and (4) no reasonable alternative is available that would permit the activity to be conducted in a manner consistent with the State's coastal management program. 15 CFR 930.121. 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 if the proposed activity is not permitted to go forward as proposed. 15 CFR 930.122.

A public hearing has been scheduled to address the findings the Secretary must make for each appeal as set forth in the regulations at 15 CFR 930.121 and 930.122. The public hearing will be held on September 27, 1999, from 6:00 p.m. until 10:00 p.m. at the New World Landing, 600 South Palafox Street, Pensacola, FL. Persons interested in speaking at the hearing regarding any of the above criteria are required to register on the day of the hearing at New World Landing. Registration of speakers will begin at 5:00 p.m. Oral comments from public interest/lobbyist groups will be recognized on a first-come- first serve basis and will be limited to five minutes. Oral comments from the general public will be recognized on a first-come-first-serve basis and will be limited to three minutes. Written comments will be accepted at the public hearing.

In addition, written comments on the findings the Secretary must make for each appeal may be sent to Karl Gleaves, Assistant General Counsel for Ocean Services, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910. Copies comments will also be forewarded to the Appellant and the State. Comments are due by October 27, 1999.

All nonconfidential documents submitted in this appeal are available for public inspection during business hours at the offices of the State and the Office of the Assistant General Counsel for Ocean Services, NOAA.

FOR ADDITIONAL INFORMATION CONTACT: Karl Gleaves, Assistant Counsel for Ocean Services, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910, (301) 713-2967.

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

Dated: July 8, 1999. Monica Medina, General Counsel.

FR Doc. 99-18758Filed7-21-99; 8:45 amBILLING CODE 3510-08-M