[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Page 23328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08849]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by WesternGeco of South Carolina
Objection
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice--closure of administrative appeal decision record.
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SUMMARY: This announcement provides notice that the decision record has
closed for an administrative appeal filed by WesternGeco (Appellant)
under the Coastal Zone Management Act requesting that the Secretary of
Commerce (Secretary) override an objection by the South Carolina
Department of Health and Environmental Control to a consistency
certification for a proposed project to conduct a marine Geological and
Geophysical seismic survey in the Atlantic Ocean.
DATES: The decision record for WesternGeco's Federal Consistency Appeal
of South Carolina's objection closed on April 27, 2020.
ADDRESSES: NOAA has provided access to publicly available materials and
related documents comprising the appeal record on the following
website: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2019-0118.
FOR FURTHER INFORMATION CONTACT: For questions about this Notice,
contact Jonelle Dilley, NOAA Office of General Counsel, Oceans and
Coasts Section, 1305 East-West Highway, Room 6111, Silver Spring, MD
20910, (301) 713-7383, [email protected].
SUPPLEMENTARY INFORMATION: On September 20, 2019, the Secretary of
Commerce (Secretary) received a ``Notice of Appeal'' filed by
WesternGeco 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. The ``Notice of Appeal'' is taken from an
objection by the South Carolina Department of Health and Environmental
Control to a consistency certification for a proposed project to
conduct a marine Geological and Geophysical seismic survey in the
Atlantic Ocean. This matter constitutes an appeal of an ``energy
project'' within the meaning of the CZMA regulations, see 15 CFR
930.123(c).
Under the CZMA, the Secretary may override South Carolina's
objection on grounds that the project is consistent with the objectives
or purposes of the CZMA, or is 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
Department 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 national interest
furthered by the proposed activity outweighs the activity's adverse
coastal effects, when those effects are considered separately or
cumulatively; and (3) no reasonable alternative is available that would
permit the proposed activity to be conducted in a manner consistent
with the enforceable policies of the applicable 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.
The Secretary must close the decision record in a federal
consistency appeal 160 days after the Notice of Appeal is published in
the Federal Register. 15 CFR 930.130(a)(1). However, the CZMA
authorizes the Secretary to stay closing the decision record for up to
60 days when the Secretary determines it necessary to receive, on an
expedited basis, any supplemental information specifically requested by
the Secretary to complete a consistency review or any clarifying
information submitted by a party to the proceeding related to
information in the consolidated record compiled by the lead Federal
permitting agency. 15 CFR 930.130(a)(2) and (3). In order to solicit
supplemental and clarifying information from the Bureau of Ocean Energy
Management pertaining to the withholding of certain information as
proprietary, the Secretary stayed the closure of the decision record on
two occasions for a total of 28 days. 85 FR 17538 (March 30, 2020); 85
FR 20475 (April 13, 2020).
Consistent with the above schedule, the decision record for
WesternGeco's Federal consistency appeal of South Carolina's objection
closed on April 27, 2020. No further information or briefs will be
considered in deciding this appeal.
Public Availability of Appeal Documents
NOAA has provided access to publicly available materials and
related documents comprising the appeal record on the following
website: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2019-0118.
(Authority: 15 CFR 930.130(a)(2), (3))
Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-08849 Filed 4-24-20; 8:45 am]
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