Federal Consistency Appeal by WesternGeco of South Carolina Objection, 34718 [2020-12263]
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Notices
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Dated: June 3, 2020.
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Fisheries Service.
[FR Doc. 2020–12354 Filed 6–5–20; 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 reopening and of
closure—administrative appeal decision
record.
AGENCY:
This announcement provides
notice that the decision record has
reopened on June 5, 2020, and closed on
June 5, 2020, 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
reopened and closed on June 5, 2020.
ADDRESSES: NOAA has provided access
to publicly available materials and
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:09 Jun 05, 2020
Jkt 250001
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, jonelle.dilley@noaa.gov.
SUPPLEMENTARY INFORMATION: 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 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
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
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). 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). On April 27,
2020, NOAA published a Federal
Register Notice announcing closure of
the appeal decision record. 85 FR
23328.
On May 14, 2020, South Carolina
submitted to NOAA a request to reopen
the record so that South Carolina may
provide a supplemental document in
response to two documents added to the
appeal record on March 30, 2020. On
May 18, 2020, WesternGeco filed an
opposition to South Carolina’s motion,
and, in the alternative, moved to
supplement the record with one
additional document. On June 5, 2020,
NOAA issued an Order in the appeal
determining that a limited reopening of
the appeal decision record was
necessary to receive supplemental or
clarifying information that either of the
parties may submit regarding the two
record documents added on March 30,
2020.
Consistent with the above schedule,
the decision record for WesternGeco’s
federal consistency appeal of South
Carolina’s objection reopened on June 5,
2020, for NOAA to receive
supplemental record material, and it
closed on June 5, 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: https://
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. 2020–12263 Filed 6–5–20; 8:45 am]
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[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Page 34718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12263]
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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 reopening and of closure--administrative appeal
decision record.
-----------------------------------------------------------------------
SUMMARY: This announcement provides notice that the decision record has
reopened on June 5, 2020, and closed on June 5, 2020, 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 reopened and closed on June 5, 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
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). 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). On April 27, 2020, NOAA published a Federal
Register Notice announcing closure of the appeal decision record. 85 FR
23328.
On May 14, 2020, South Carolina submitted to NOAA a request to
reopen the record so that South Carolina may provide a supplemental
document in response to two documents added to the appeal record on
March 30, 2020. On May 18, 2020, WesternGeco filed an opposition to
South Carolina's motion, and, in the alternative, moved to supplement
the record with one additional document. On June 5, 2020, NOAA issued
an Order in the appeal determining that a limited reopening of the
appeal decision record was necessary to receive supplemental or
clarifying information that either of the parties may submit regarding
the two record documents added on March 30, 2020.
Consistent with the above schedule, the decision record for
WesternGeco's federal consistency appeal of South Carolina's objection
reopened on June 5, 2020, for NOAA to receive supplemental record
material, and it closed on June 5, 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: https://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. 2020-12263 Filed 6-5-20; 8:45 am]
BILLING CODE 3510-JE-P
