[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Notices]
[Pages 10421-10422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03577]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by Electric Boat Corporation
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of appeal.
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SUMMARY: This announcement provides notice that the Department of
Commerce (DOC) has received a ``Notice of Appeal'' filed by Electric
Boat Corporation (Appellant) requesting that the Secretary 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: You may submit written comments concerning this appeal or
requests for a public hearing on or before March 25, 2020.
ADDRESSES: The National Oceanic and Atmospheric Administration (NOAA)
intends to provide access to publicly available materials and related
documents comprising the appeal record on the following website: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2020-0021.
Comments or requests for a public hearing must be submitted by:
Electronic submission: Submit all electronic public comments or
requests for a public hearing via the Federal eRulemaking portal. Go to
(http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2020-0021), click
the ``Comment Now!'' icon, complete the required fields, and enter or
attach your comments. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NOAA.
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:
I. Notice of Appeal
On January 24, 2020, the Secretary of Commerce (Secretary) received
a ``Notice of Appeal'' filed by Electric Boat Corporation 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 New York State
Department of State to a 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 Secretary may override the 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 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 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.
[[Page 10422]]
II. Request for Public and Federal Agency Comments
We encourage the public and interested federal agencies to
participate in this appeal by submitting written comments and any
relevant materials supporting those comments using the method specified
in the ADDRESSES section of this notice. All comments received are a
part of the public record, and will generally be posted for public
viewing on www.regulations.gov without change. All personally
identifiable information (e.g., name, address), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NOAA will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
III. Public Hearing Request
You may submit a request for a public hearing using the method
specified in the ADDRESSES section of this notice. In your request,
explain why you believe a public hearing would be beneficial. If we
determine a public hearing would aid the decisionmaker, a notice
announcing the date, time, and location of the public hearing will be
published in the Federal Register. The public and federal agency
comment period will also be reopened for a ten-day period following the
conclusion of the public hearing to allow for additional input.
IV. Public Availability of Appeal Documents
NOAA intends to provide access to publicly available materials and
related documents comprising the appeal record on the following
website: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2020-0021.
(Authority: 15 CFR 930.128(a))
Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of the General Counsel.
[FR Doc. 2020-03577 Filed 2-21-20; 8:45 am]
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