Federal Consistency Appeal by Chevron U.S.A. Production Company by an Objection by the State of Florida Department of Community Affairs.

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.

-----------------------------------------------------------------------

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