[Federal Register Volume 63, Number 151 (Thursday, August 6, 1998)]
[Notices]
[Pages 42008-42009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21082]
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DEPARTMENT OF COMMERCE
Coastal Zone Management
Federal Consistency Appeal by Chevron U.S.A. Production Company
by an Objection by the State of Florida Department of Community
Affairs.
AGENCY: National Oceanic and Atmospheric Administration, Commerce.
[[Page 42009]]
ACTION: Notice of Appeal and Request for Comments.
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Chevron U.S.A. Production Company (Appellant), filed with 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 section 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 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.
Public comments are invited on the findings that the Secretary must
make as set forth in the regulations at 15 CFR 930.121 and 930.122. In
addition, the National Oceanic and Atmospheric Administration (NOAA) of
the Department of Commerce will hold a public hearing in this appeal.
NOAA plans to hold this hearing around the same time as the hearing to
be held by the Minerals Management Service (MMS) on the draft
environmental impact statement that MMS is preparing on Chevron's
project. NOAA will publish a Federal Register notice announcing the
date and time for the public hearing when it has been scheduled. Public
comments will be accepted from now until 30 days after the hearing.
Comments should be sent to Ms. Mary O'Brien, Attorney-Adviser, Office
of the 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 of comments
will also be forwarded to the Appellant and the State.
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.
This notice was originally published on July 9, 1998, at 53 FR
37094. The notice has been revised to reflect the extension of the
public comment period and also to clarify statements that appeared in
the original notice.
FOR FURTHER INFORMATION CONTACT: Ms. Mary O'Brien, Attorney-Adviser,
Office of the 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, 301-713-
2967.
(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance)
Dated: July 31, 1998.
Monica Medina,
General Counsel.
[FR Doc. 98-21082 Filed 8-5-98; 8:45 am]
BILLING CODE 3510-08-M
