Federal Consistency Appeal by WesternGeco of North Carolina Objection
| Published date | 29 May 2020 |
| Citation | 85 FR 32360 |
| Record Number | 2020-11341 |
| Section | Notices |
| Court | Commerce Department,National Oceanic And Atmospheric Administration |
Federal Register, Volume 85 Issue 104 (Friday, May 29, 2020)
[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Notices]
[Pages 32360-32361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11341]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by WesternGeco of North Carolina
Objection
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of extension of time to issue a decision.
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SUMMARY: This announcement provides notice that the deadline for
issuing a decision has been extended by 15 days in the administrative
appeal filed with the Department of Commerce (Department) by
WesternGeco requesting that the Secretary of Commerce (Secretary)
override an objection by the North Carolina Division of Coastal
Management to a consistency certification for a proposed project to
conduct a marine Geological and Geophysical seismic survey in the
Atlantic Ocean.
DATES: The new deadline for issuing a decision on WesternGeco's federal
consistency appeal of North Carolina's objection is extended to June
15, 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-2019-0089.
FOR FURTHER INFORMATION CONTACT: For questions about this Notice,
contact Martha McCoy, NOAA Office of General Counsel, Oceans and Coasts
Section, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910,
(301) 713-7391, [email protected].
SUPPLEMENTARY INFORMATION:
I. Notice of Appeal
On September 20, 2019, the 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 North Carolina Division of
Coastal Management to a consistency certification for a proposed
project to
[[Page 32361]]
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 the North Carolina
Division of Coastal Management'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.
On March 30, 2020, NOAA published a Federal Register Notice
announcing closure of the appeal decision record. 85 FR 17539. Under
the CZMA, a final decision on the appeal must be issued no later than
60 days after notice announcing closure of the decision record is
published. 16 U.S.C. 1465(b)(3). This deadline may be extended,
however, by publishing (within the 60-day period) a subsequent notice
explaining why a decision cannot be issued within that time frame. 16
U.S.C. 1465(c)(1). In that event, a final decision must be issued no
later than 15 days after the date of publication of the subsequent
notice. 16 U.S.C. 1465(c)(2).
This announcement provides notice that the deadline for issuing a
decision on this appeal has been extended by 15 days. The additional
time is needed to complete a review of the record and reach a decision.
A decision on the federal consistency appeal will be issued no later
than June 15, 2020.
(Authority Citation: 16 U.S.C. 1465(c); 15 CFR 930.130(b))
Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-11341 Filed 5-28-20; 8:45 am]
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