Federal Consistency Appeal by WesternGeco of South Carolina Objection, 20475-20476 [2020-07722]

Download as PDF Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices American Samoa Longline Survey: 1 hour. Hawaii Longline Survey: 1 hour. Hawaii Small Boat Economic Survey: 45 minutes. American Samoa Small Boat Survey: 45 minutes. Economic Surveys of American Samoa (ESAS), Guam, and The Commonwealth of The Northern Mariana Islands (CNMI) Small BoatBased Fisheries (an add-on to a creel survey): 10 minutes. Cost Earnings Survey of Mariana Archipelago Small Boat Fleet: 45 minutes. Economic Expenditure Survey of Golden Crab Fishermen in the U.S. South Atlantic Region: 1 hour. USVI Fisheries Economic Survey (Socio-Economic Profile of Small-Scale Commercial Fisheries (SSCF) in the U.S. Caribbean): 30 minutes. Puerto Rico Fisheries Economic Survey (Socio-Economic Profile of Small-Scale Commercial Fisheries (SSCF) in the U.S. Caribbean): 1 hour. Gulf of Mexico Inshore Shrimp Fishery Economic Survey: 30 minutes. West Coast Swordfish Fishery Cost and Earnings Survey: 1 hour. West Coast Coastal Pelagic Fishery Economic Survey: 1 hour, 40 minutes. West Coast North Pacific Albacore Fishery Economic Survey: 1 hour. Estimated Total Annual Burden Hours: 2,188. Estimated Total Annual Cost to Public: $0. khammond on DSKJM1Z7X2PROD with NOTICES IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. VerDate Sep<11>2014 17:57 Apr 10, 2020 Jkt 250001 Dated: April 7, 2020. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–07643 Filed 4–10–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Federal Consistency Appeal by WesternGeco of South Carolina Objection National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of stay—closure of administrative appeal decision record. AGENCY: This announcement provides notice that the Department of Commerce (Department) has stayed, for a period of 14 days, closure of the decision record in an administrative appeal filed by filed by WesternGeco (Appellant) under the Coastal Zone Management Act requesting that the 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 will now close 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/#!docket Detail;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, jonelle.dilley@noaa.gov. 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 SUMMARY: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 20475 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), (3). After reviewing the decision record developed to date, the Secretary has decided to solicit supplemental and clarifying information from the Bureau of Ocean Energy Management pertaining to the withholding of certain information as proprietary. In order to allow receipt of this information, the Secretary hereby stays closure of the decision record, currently scheduled to occur on April 13, 2020, until April 27, 2020. E:\FR\FM\13APN1.SGM 13APN1 20476 Federal Register / Vol. 85, No. 71 / Monday, April 13, 2020 / Notices 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 Citation: 15 CFR 930.130(a)(2), (3)) Adam Dilts, Chief, Oceans and Coasts Section, NOAA Office of General Counsel. [FR Doc. 2020–07722 Filed 4–10–20; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 200407–0102] RTID 0648–XW013 Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List Oregon Coast Spring-Run Chinook Salmon as Threatened or Endangered Under the Endangered Species Act National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: 90-Day petition finding, request for information, and initiation of status review. AGENCY: We, NMFS, announce a 90day finding on a petition to list springrun Chinook salmon (Oncorhynchus tshawytscha) on the Oregon coast (OC) as a threatened or endangered Evolutionarily Significant Unit (ESU) under the Endangered Species Act (ESA) and to designate critical habitat concurrently with the listing. We find that the petition presents substantial scientific information indicating the petitioned action may be warranted. We will conduct a status review of OC spring-run Chinook salmon to determine whether the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to this species from any interested party. DATES: Scientific and commercial information pertinent to the petitioned action must be received by June 12, 2020. ADDRESSES: You may submit data and information relevant to our review of the status of Oregon Coast spring-run Chinook, identified by ‘‘Oregon Coast spring-run Chinook salmon Petition khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:57 Apr 10, 2020 Jkt 250001 (NOAA–NMFS–2019–0130),’’ by either of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2019-0130, click the ‘‘Comment Now’’ icon, complete the required fields, and enter or attach your comments. • Mail or hand-delivery: Protected Resources Division, West Coast Region, NMFS, 1201 NE Lloyd Blvd., Suite #1100, Portland, OR 97232. Attn: Gary Rule. Instructions: 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 NMFS. All comments received are a part of the public record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. We will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Electronic copies of the petition and other materials are available from the NMFS website at www.fisheries.noaa.gov/rules-andregulations. Gary Rule, NMFS West Coast Region, at gary.rule@noaa.gov, (503) 230–5424; or Heather Austin, NMFS Office of Protected Resources, at heather.austin@ noaa.gov, (301) 427–8422. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On September 24, 2019, the Secretary of Commerce received a petition from the Native Fish Society, Center for Biological Diversity, and Umpqua Watersheds (hereafter, the Petitioners) to identify OC spring-run Chinook salmon as a separate ESU and list the ESU as threatened or endangered under the ESA. Previously, in 1999, we identified the OC Chinook salmon ESU as including both spring-run and fallrun Chinook salmon and determined that the ESU did not warrant listing as threatened or endangered under the ESA. The Petitioners are requesting that OC spring-run Chinook salmon be considered as a separate ESU and listed as threatened or endangered. The Petitioners assert that new research into the genomic basis for premature migration in salmonids demonstrates that significant genetic differences underlie the spring- and fall-run life history types, and that the unique PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 evolutionary lineage of spring-run Chinook salmon warrants their listing as a separate ESU. The Petitioners also request the designation of critical habitat for OC spring-run Chinook salmon concurrent with ESA listing. The petition includes an overview of new research into the genomic basis for premature migration in salmonids, as well as general biological information about OC spring-run Chinook salmon including their distribution and range, life history characteristics, habitat requirements, as well as basin-level population status and trends and factors contributing to the populations’ status. Copies of the petition are available as described above (see ADDRESSES, above). ESA Statutory, Regulatory, and Policy Provisions, and Evaluation Framework Section 4(b)(3)(A) of the ESA of 1973, as amended (16 U.S.C. 1531 et seq.), requires, to the maximum extent practicable, that within 90 days of receipt of a petition to list a species as threatened or endangered, the Secretary of Commerce make a finding on whether that petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, and to promptly publish such finding in the Federal Register (16 U.S.C. 1533(b)(3)(A)). When it is found that substantial scientific or commercial information in a petition indicates the petitioned action may be warranted (a ‘‘positive 90-day finding’’), we are required to promptly commence a review of the status of the species concerned during which we will conduct a comprehensive review of the best available scientific and commercial information. In such cases, we conclude the review with a finding as to whether, in fact, the petitioned action is warranted within 12 months of receipt of the petition. Because the finding at the 12-month stage is based on a more thorough review of the available information, as compared to the narrow scope of review at the 90-day stage, a positive 90-day finding does not prejudge the outcome of the status review. Under the ESA, a listing determination may address a species, which is defined to also include subspecies and, for any vertebrate species, any distinct population segment (DPS) that interbreeds when mature (16 U.S.C. 1532(16)). In 1991, we issued the Policy on Applying the Definition of Species Under the Endangered Species Act to Pacific Salmon (ESU Policy; 56 FR 58612; November 20, 1991), which explains that Pacific salmon populations will be considered a DPS, and hence a E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20475-20476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07722]


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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 of stay--closure of administrative appeal decision 
record.

-----------------------------------------------------------------------

SUMMARY: This announcement provides notice that the Department of 
Commerce (Department) has stayed, for a period of 14 days, closure of 
the decision record in an administrative appeal filed by filed by 
WesternGeco (Appellant) under the Coastal Zone Management Act 
requesting that the 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 will now close 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), (3).
    After reviewing the decision record developed to date, the 
Secretary has decided to solicit supplemental and clarifying 
information from the Bureau of Ocean Energy Management pertaining to 
the withholding of certain information as proprietary. In order to 
allow receipt of this information, the Secretary hereby stays closure 
of the decision record, currently scheduled to occur on April 13, 2020, 
until April 27, 2020.

[[Page 20476]]

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 Citation: 15 CFR 930.130(a)(2), (3))

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-07722 Filed 4-10-20; 8:45 am]
 BILLING CODE 3510-JE-P