Federal Consistency Appeal by Norwalk Cove Marina, Inc.

CourtNational Oceanic And Atmospheric Administration
Citation86 FR 68222
Record Number2021-26010
Publication Date01 December 2021
Federal Register, Volume 86 Issue 228 (Wednesday, December 1, 2021)
[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
                [Notices]
                [Pages 68222-68223]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-26010]
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                DEPARTMENT OF COMMERCE
                National Oceanic and Atmospheric Administration
                Federal Consistency Appeal by Norwalk Cove Marina, Inc.
                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 Norwalk Cove Marina, Inc.
                (Appellant) under the Coastal Zone Management Act of 1972 (CZMA).
                Appellant has requested that the National Oceanic and Atmospheric
                Administration (NOAA) Administrator, pursuant to authority delegated by
                the Secretary of Commerce to decide CZMA federal consistency appeals,
                override an objection by the New York State Department of State to a
                consistency certification for a proposed project to dispose of dredged
                material at the Central Long Island Sound Disposal Site.
                DATES: The decision record for Appellant's federal consistency appeal
                of the New York State Department of State's objection closed on
                December 1, 2021.
                ADDRESSES: NOAA has provided access to publicly available materials and
                related documents comprising the appeal record on the following
                website: www.regulations.gov, under docket number NOAA-HQ-2021-0059.
                FOR FURTHER INFORMATION CONTACT: For questions about this notice,
                contact Bethany Henneman, NOAA Office of the General Counsel, Oceans
                and Coasts Section, 1305 East-West Highway, Room 6111, Silver Spring,
                MD 20910, (301) 300-0027, [email protected].
                SUPPLEMENTARY INFORMATION:
                Background Information
                 On May 19, 2021, the NOAA Administrator, pursuant to authority
                delegated by the Secretary of Commerce to decide Coastal Zone
                Management Act (CZMA) federal consistency appeals, received a ``Notice
                of Appeal'' filed by Norwalk Cove Marina, Inc., pursuant to 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 a consistency
                certification for a pending permit application to the U.S. Army Corps
                of Engineers to dispose of approximately 24,500 cubic yards of dredged
                material in the Central Long Island Sound Disposal Site. Under the
                CZMA, the NOAA Administrator 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 otherwise 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 NOAA Administrator 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). However, the CZMA
                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 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), (3).
                [[Page 68223]]
                 After reviewing the decision record developed to date, the NOAA
                Administrator has determined that it is not necessary to stay the
                closure of the decision record in this appeal. Consistent with the
                schedule contained in the CZMA and its implementing regulations, the
                decision record for Appellant's federal consistency appeal of the New
                York Department of State's objection closed on December 1, 2021. 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: www.regulations.gov, under docket number NOAA-HQ-2021-0059.
                (Authority Citation: 15 CFR 930.130(a)(1))
                Adam Dilts,
                Chief, Oceans and Coasts Section, National Oceanic and Atmospheric
                Administration Office of the General Counsel.
                [FR Doc. 2021-26010 Filed 11-30-21; 8:45 am]
                BILLING CODE 3510-JE-P
                

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