[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46598-46599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16663]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by Electric Boat Corporation of New
York State Department of State Objection
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of stay--closure of administrative appeal decision
record.
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SUMMARY: This announcement provides notice that the Department of
Commerce has stayed, for a period of 28 days, closure of the decision
record in an administrative appeal filed by Electric Boat Corporation
(Appellant) under the Coastal Zone Management Act requesting that the
Secretary of Commerce override an objection by the New York State
Department of State to a consistency certification for a proposed
project to dispose of dredged material in the Eastern Long Island Sound
Dredged Material Disposal Site.
DATES: The decision record for Electric Boat Corporation's federal
consistency appeal of New York State Department of State's objection
will now close on August 31, 2020.
ADDRESSES: NOAA has provided access to publicly available materials and
[[Page 46599]]
related documents comprising the appeal record on the following
website: https://www.regulations.gov/docket?D=NOAA-HQ-2020-0021.
FOR FURTHER INFORMATION CONTACT: For questions about this Notice,
contact Lauren Bregman, NOAA Office of the General Counsel, Oceans and
Coasts Section, 1305 East-West Highway, Room 6111, Silver Spring, MD
20910, (301) 713-7389, [email protected].
SUPPLEMENTARY INFORMATION: On January 24, 2020, the NOAA Administrator,
pursuant to authority delegated by the Secretary of Commerce to decide
Coastal Zone Management Act of 1972 (CZMA) federal consistency appeals,
received a ``Notice of Appeal'' filed by Electric Boat Corporation
under the 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 New York State Department of State to Appellant's
consistency certification for a proposed U.S. Army Corps of Engineers
permit to dispose of dredged material in the Eastern Long Island Sound
Dredged Material Disposal Site.
Under the CZMA, the NOAA Administrator may override New York State
Department of State'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 of Commerce 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 NOAA Administrator 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 NOAA Administrator 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). The CZMA, though,
authorizes the NOAA Administrator to stay the closing of the decision
record for up to 60 days when the NOAA Administrator determines it is
necessary to receive, on an expedited basis, any supplemental
information specifically requested by the NOAA Administrator to
complete a consistency review. 15 CFR 930.130(a)(2), (3).
After reviewing the decision record developed to date, the NOAA
Administrator has decided to solicit supplemental briefs from the
Appellant and New York State Department of State pertaining to
additional information including a July 17, 2020, comment letter
received from the Department of the Navy. In order to allow time for
the receipt of these briefs, the NOAA Administrator hereby stays
closure of the decision record, currently scheduled to occur on August
3, 2020, until August 31, 2020.
Public Availability of Appeal Documents
NOAA has provided access to publicly available materials and
related documents comprising the appeal record on the following
website: https://www.regulations.gov/docket?D=NOAA-HQ-2020-0021.
Authority Citation: 15 CFR 930.130(a)(2), (3).
Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of the General Counsel.
[FR Doc. 2020-16663 Filed 7-31-20; 8:45 am]
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