Federal Consistency Appeal by WesternGeco of South Carolina Objection, 20475-20476 [2020-07722]
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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:
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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
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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:
https://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:
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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.
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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: https://
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
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SUMMARY:
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(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 https://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
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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
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]]>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]
-----------------------------------------------------------------------
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: https://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: https://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
