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

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.

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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 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

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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. 99-18758 Filed 7-21-99; 8:45 am]

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