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PA Bulletin, Doc. No. 06-2119

NOTICES

Coastal Zone Management Program; Comment Period on Proposed Routine Program Changes

[36 Pa.B. 6599]
[Saturday, October 28, 2006]

   The Department of Environmental Protection (Department) has made several program changes to the Coastal Zone Management (CZM) Program. The Department has determined that these changes constitute a Routine Program Change (RPC) in accordance with 15 CFR 923 (relating to coastal zone management program regulations). Since these changes revise Pennsylvania's federally approved CZM Program, the changes must be reviewed by the National Oceanic and Atmospheric Administration's Office of Ocean and Coastal Resource Management (OCRM). As a result, the Department is requesting that OCRM review the changes and concur with the Department's assessment that the changes are RPCs and not amendments. The Department has submitted eleven requests for program changes since 1980. All prior program changes were approved as RPCs.

   As required by 15 CFR 923.84(b)(2) (relating to routine program changes), the Department is hereby providing public notice of these changes and requesting comments on whether these changes constitute a RPC. These changes, which are discussed in more detail in the document entitled ''RPC XII Proposed Routine Program Changes to Pennsylvania's Coastal Zone Management Program (RPC XII),'' involve:

   *  Amendments to state regulations currently incorporated into the CZM Program's enforceable policies.

   *  The addition of interstate consistency.

   *  A boundary expansion in the Delaware Estuary Coastal Zone.

   *  Renaming and relocation of the CZM program.

   *  Removal of Inventory of Geographical Areas of Particular Concern (GAPC), and

   *  A rewrite of CZM's federal consistency procedures necessitated by the reauthorization of and amendments to the Federal CZM Act.

   An RPC is defined in Federal regulations (15 CFR 923.84) as, ''Further detailing of a state's program that is the result of implementing provisions approved as part of the state's approved management program that does not result in (an amendment).'' Essentially, RPCs are clarifications, minor revisions or improvements that do not substantially alter one or more of the following CZM Program areas: Uses Subject to Management; Special Management Areas; Boundaries; Authorities and Organization; and Coordination, Public Involvement and the National Interest.

   RPC XII is available for review on the Department's website at www.dep.state.pa.us/river/czmp.htm (select ''Program Reference Documents,'' then ''RPC XII Routine Program Changes''). Copies of the RPC XII document are also available for review at the Erie County Department of Planning and the Delaware Valley Regional Planning Commission. In the Lake Erie Region, contact Robert J. Wisener, Planner IV, Erie County Department of Planning, 140 West 6th Street, Room 119, Erie, PA 16501, (814) 451-6017. In the Delaware Estuary Region, contact Chris Linn, Senior Environmental Planner, Delaware Valley Regional Planning Commission, ACP Building, 8th Floor, 190 N. Independence Mall West, Philadelphia, PA 19106-1520, (215) 238-2873. Copies may also be reviewed in Harrisburg by contacting Larry Toth at the Coastal Zone Management Program, (717) 772-5622.

   Interested parties may submit comments on whether or not the Department's changes to the CZM Program do or do not constitute an RPC. Comments must be submitted within three weeks of the date of this notice to Joshua Lott, Team Leader, Coastal Programs Division, NOAA, Office of Ocean and Coastal Resource Management, N/ORM3, SSMC4, 1305 East-West Highway, Room 11200, Silver Spring, MD 20910, josh.lott@noaa.gov. The Department will provide notice in the Pennsylvania Bulletin upon OCRM's concurrence that the program changes constitute a RPC.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 06-2119. Filed for public inspection October 27, 2006, 9:00 a.m.]



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