[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Notices]
[Pages 51290-51291]
From the Federal Register Online via the Government Printing 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 gcos.comments@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Thomas Street, Attorney-Advisor, NOAA
Office of the General Counsel, 301-713-2967, gcos.inquiries@noaa.gov or
Stephanie Campbell, Attorney-Advisor, NOAA Office of the General
Counsel, 301-713-2967, gcos.inquiries@noaa.gov.
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
gcos.comments@noaa.gov 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 gcos.inquiries@noaa.gov.
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