Federal Consistency Appeal by WesternGeco of South Carolina Objection, 23328 [2020-08849]

Download as PDF 23328 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Notices first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than May 6, 2020. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. For more information, call Yvette Springer at (202) 482–2813. Yvette Springer, Committee Liaison Officer. [FR Doc. 2020–08835 Filed 4–24–20; 8:45 am] BILLING CODE 3510–JT–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—closure of administrative appeal decision record. AGENCY: This announcement provides notice that the decision record has closed for an administrative appeal filed by WesternGeco (Appellant) under the Coastal Zone Management Act requesting that the Secretary of Commerce (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 closed 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 lotter on DSKBCFDHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:32 Apr 24, 2020 Jkt 250001 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 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 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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) and (3). In order to solicit supplemental and clarifying information from the Bureau of Ocean Energy Management pertaining to the withholding of certain information as proprietary, the Secretary stayed the closure of the decision record on two occasions for a total of 28 days. 85 FR 17538 (March 30, 2020); 85 FR 20475 (April 13, 2020). Consistent with the above schedule, the decision record for WesternGeco’s Federal consistency appeal of South Carolina’s objection closed on April 27, 2020. 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: http:// www.regulations.gov/ #!docketDetail;D=NOAA-HQ-2019-0118. (Authority: 15 CFR 930.130(a)(2), (3)) Adam Dilts, Chief, Oceans and Coasts Section, NOAA Office of General Counsel. [FR Doc. 2020–08849 Filed 4–24–20; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE Patent and Trademark Office Submission for OMB Review; Comment Request; ‘‘Pro Bono Survey’’ The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for a collection of information under the provisions of the Paperwork Reduction Act of 1995. Agency: United States Patent and Trademark Office, Department of Commerce. Title: Pro Bono Survey. OMB Control Number: 0651–0082. Form Number(s): • Pro Bono Survey, PTO Form 450. • Client Intake Form, PTO Form 451. Type of Request: Revision of a currently approved information collection. Number of Respondents: 1,048 respondents. The USPTO estimates that 22 regional hub administrators will report metrics once per quarter. The reminder of the 1,026 estimated E:\FR\FM\27APN1.SGM 27APN1

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[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Page 23328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08849]


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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--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 WesternGeco (Appellant) 
under the Coastal Zone Management Act requesting that the Secretary of 
Commerce (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 closed 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) and (3). In order to solicit 
supplemental and clarifying information from the Bureau of Ocean Energy 
Management pertaining to the withholding of certain information as 
proprietary, the Secretary stayed the closure of the decision record on 
two occasions for a total of 28 days. 85 FR 17538 (March 30, 2020); 85 
FR 20475 (April 13, 2020).
    Consistent with the above schedule, the decision record for 
WesternGeco's Federal consistency appeal of South Carolina's objection 
closed on April 27, 2020. 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: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2019-0118.

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

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-08849 Filed 4-24-20; 8:45 am]
 BILLING CODE 3510-JE-P