[Federal Register: February 8, 2008 (Volume 73, Number 27)]

[Notices]               
[Page 7534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe08-39]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 
Federal Consistency Appeal by AES Sparrows Point LNG, LLC and 
Mid-Atlantic Express, L.L.C.

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (Commerce).

ACTION: Notice of Appeal

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SUMMARY: This announcement provides notice that AES Sparrows Point LNG, 
LLC and Mid-Atlantic Express, L.L.C. (collectively, ``AES'') have filed 
a second administrative appeal with the Department of Commerce asking 
that the Secretary override the State of Maryland's objection to AES's 
proposed LNG terminal in Baltimore County, Maryland.

ADDRESSES: Materials from the appeal record will be available at the 
NOAA Office of the 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.


FOR FURTHER INFORMATION CONTACT: Odin Smith, Attorney-Advisor, NOAA 
Office of the General Counsel, 301-713-7392.

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal

    AES has filed a notice of appeal with the Secretary of Commerce 
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. AES appeals an objection, filed by the State of Maryland, to 
a consistency determination prepared by AES related to its proposed LNG 
terminal project in Baltimore County, Maryland. AES previously filed an 
appeal with regard to this same project on August 8, 2007. See http://www.ogc.doc.gov/czma.htm
.

    Under the CZMA, the Secretary may override the State's objection on 
grounds that the project is consistent with the objectives or purposes 
of the CZMA, or 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. 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 were the 
proposed activity not permitted to go forward as proposed. 15 CFR 
930.122.

II. Appeal Documents

    NOAA intends to provide the public with access to all publicly 
available materials and related documents comprising the appeal record 
during business hours, at the NOAA Office of the General Counsel for 
Ocean Services.
    For additional information about this appeal contact Odin Smith, 
301-713-7392.

    Dated: February 4, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]
 [FR Doc. E8-2326 Filed 2-7-08; 8:45 am]

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