Federal Consistency Appeal by Jordan Cove Energy Project, L.P. and Pacific Connector Gas Pipeline, LP, 60766-60767 [2020-20869]

Download as PDF 60766 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices 50 CFR 216.104, which provides the information necessary for us to make the necessary statutory determinations, including estimates of take and an assessment of impacts on the affected species and stocks; (2) information relating to required monitoring; and (3) information related to required reporting. These collections of information enable us to: (1) Evaluate the proposed activity’s impact on marine mammals; (2) arrive at the appropriate determinations required by the MMPA and other applicable laws prior to issuing the authorization; and (3) monitor impacts of activities for which we have issued Authorizations to determine if our predictions regarding impacts on marine mammals remain valid. On June 22, 2018, NMFS published a Federal Register Notice (83 FR 29212) notifying the public of a proposal to issue 5-year incidental take regulations that would allow for the take of marine mammals incidental to geophysical survey activities conducted by industry operators in Federal waters of the U.S. Gulf of Mexico (GOM). NMFS does not anticipate that the proposed regulations will substantially add to the burden to individual private applicants for incidental take authorizations. In fact, we expect individual applicant’s information collection burdens will be substantially less than the typical applicant under the existing OMB Control Number. This is due to the fact that the application for these regulations (the first information collection burden noted above) was completed by the Bureau of Ocean Energy Management (BOEM) instead of individual applicants. The other difference we expect related to these proposed regulations is that there will be a larger number of applicants/respondents than accounted for in the existing OMB Control Number. The proposed rule forecasts that 95 to 151 geophysical surveys will take place annually on average over the five years of the proposed regulations in the GOM that would be subject to potential information collection requirements. Affected Public: Not-for-profit institutions; state, local, or tribal governments; businesses or other forprofit organizations. Frequency: Respondent’s Obligation: Mandatory. Legal Authority: Marine Mammal Protection Act of 1972 (MMPA, 16 U.S.C. 1361 et. seq.). This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0648–0151. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–21353 Filed 9–25–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Federal Consistency Appeal by Jordan Cove Energy Project, L.P. and Pacific Connector Gas Pipeline, LP 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 has stayed, for a period of 60 days, closure of the decision record in an administrative appeal filed by Jordan Cove Energy Project, L.P. and Pacific Connector Gas Pipeline, LP (collectively, ‘‘Appellants’’) under the Coastal Zone Management Act. Appellants appealed to the Secretary of Commerce to override an objection by the Oregon Department of Land Conservation and Development to a consistency certification for a proposed project to construct and operate a liquified natural gas export terminal and a 229-mile natural gas pipeline and compressor station off the Pacific Coast. DATES: The decision record for Appellants’ federal consistency appeal of Oregon Department of Land Conservation and Development’s objection will now close on November 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?D=NOAA-HQ-2020-0058. FOR FURTHER INFORMATION CONTACT: For questions about this Notice, contact Rachel Morris, Attorney-Advisor, SUMMARY: PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 NOAA Office of the General Counsel, Oceans and Coasts Section, and Patrick Carroll, Attorney-Advisor, NOAA Office of the General Counsel, Oceans and Coasts Section, at jordancove.appeal@ noaa.gov or (301) 713–7387. SUPPLEMENTARY INFORMATION: On March 20, 2020, the NOAA Administrator, pursuant to authority delegated by the Secretary of Commerce to decide Coastal Zone Management Act of 1972 (CZMA) federal consistency appeals, received a ‘‘Notice of Appeal’’ filed by Jordan Cove Energy Project, L.P. and Pacific Connector Gas Pipeline, LP (collectively, ‘‘Appellants’’) under 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 Oregon Department of Land Conservation and Development to Appellants’ consistency certification for a proposed project to construct and operate a liquified natural gas export terminal and a 229-mile natural gas pipeline and compressor station off the Pacific Coast. 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 NOAA Administrator may override Oregon Department of Land Conservation and Development’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 of Commerce 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 Department of Commerce 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 E:\FR\FM\28SEN1.SGM 28SEN1 Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Notices 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). After reviewing the decision record developed to date, the NOAA Administrator has decided to solicit supplemental and clarifying information. In order to allow time for the receipt of this information, the NOAA Administrator hereby stays closure of the decision record, currently scheduled to occur on September 28, 2020, until November 27, 2020. NOAA has provided access to publicly available materials and related documents comprising the appeal record on the following website: https:// www.regulations.gov/docket?D=NOAAHQ-2020-0058. Adam Dilts, Chief, Oceans and Coasts Section, NOAA Office of the General Counsel. [FR Doc. 2020–20869 Filed 9–25–20; 8:45 am] BILLING CODE 3510–JE–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA500] Marine Mammals; File No. 23807 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for permit amendment. AGENCY: Notice is hereby given that Plimsoll Productions Limited, 51–55 Whiteladies Road, Bristol, BS8 2LY, United Kingdom (Responsible Party: Anuschka Schofield), has applied for an amendment to Permit No. 23807. DATES: Written, telefaxed, or email comments must be received on or before October 28, 2020 ADDRESSES: These documents are available upon written request via email to NMFS.Pr1Comments@noaa.gov. SUMMARY: VerDate Sep<11>2014 18:25 Sep 25, 2020 Jkt 250001 Written comments on this application should be submitted via email to NMFS.Pr1Comments@noaa.gov. Please include File No. 23807 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request via email to NMFS.Pr1Comments@ noaa.gov. The request should set forth the specific reasons why a hearing on this application would be appropriate. Erin Markin or Carrie Hubard, (301) 427– 8401. FOR FURTHER INFORMATION CONTACT: The subject amendment to Permit No. 23807 is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). Permit No. 23807, issued on June 11, 2020 (85 FR 35637), authorizes the permit holder to film bottlenose dolphins (Tursiops truncatus) by land, vessel, and unmanned aircraft systems in coastal waters off of Charleston County, South Carolina, for a wildlife documentary series that reveals the unique behaviors and adaptations that set different families of animals apart. The permit holder is requesting the permit be amended to include authorization to increase the number of bottlenose dolphins that can be filmed from 630 to 720, annually. In addition, the permit holder is requesting to expand the filming area to up to 3 miles offshore from Charleston County. The expanded study area and increased takes will allow the permit holder to film dolphins feeding near shrimp boats, another adaptive behavior. The permit expires on December 31, 2024. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of this application to the Marine Mammal Commission and its Committee of Scientific Advisors. SUPPLEMENTARY INFORMATION: Dated: September 23, 2020. Julia Marie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2020–21334 Filed 9–25–20; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 60767 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RTID 0648–XA492 Marine Mammals; File No. 22382 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. AGENCY: Notice is hereby given that a permit has been issued to SeaWorld, LLC. (Responsible Party: Christopher Dold, DVM), 9205 Southpark Center Loop, Suite 400, Orlando, Florida 32819, to import one stranded, nonreleasable (captive) adult female Pacific white-sided dolphin (Lagenorhynchus obliquidens) for public display purposes. SUMMARY: The permit and related documents are available online at https://www.fisheries.noaa.gov/action/ seaworld-permit-application-importpacific-white-sided-dolphin. FOR FURTHER INFORMATION CONTACT: Courtney Smith or Jennifer Skidmore, (301) 427–8401. SUPPLEMENTARY INFORMATION: On March 12, 2020, notice was published in the Federal Register (85 FR 14467) that a request for a public display import permit had been submitted by the above-named applicant. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The permit authorizes the importation of one stranded, non-releasable (captive) adult female Pacific white-sided dolphin from Vancouver Aquarium (Vancouver, British Columbia, Canada) to SeaWorld of Texas (San Antonio, Texas) for public display purposes. The permit will expire on September 15, 2023, or upon the importation of the dolphin, whichever occurs first. The permit authorizes the importation only, which may occur over the 3-year duration of the permit. Once the dolphin is transported to SeaWorld of Texas, a permit is not required for its holding under public display. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. ADDRESSES: E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60766-60767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20869]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Jordan Cove Energy Project, L.P. 
and Pacific Connector Gas Pipeline, LP

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Notice of stay--closure of administrative appeal decision 
record.

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SUMMARY: This announcement provides notice that the Department of 
Commerce has stayed, for a period of 60 days, closure of the decision 
record in an administrative appeal filed by Jordan Cove Energy Project, 
L.P. and Pacific Connector Gas Pipeline, LP (collectively, 
``Appellants'') under the Coastal Zone Management Act. Appellants 
appealed to the Secretary of Commerce to override an objection by the 
Oregon Department of Land Conservation and Development to a consistency 
certification for a proposed project to construct and operate a 
liquified natural gas export terminal and a 229-mile natural gas 
pipeline and compressor station off the Pacific Coast.

DATES: The decision record for Appellants' federal consistency appeal 
of Oregon Department of Land Conservation and Development's objection 
will now close on November 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?D=NOAA-HQ-2020-0058.

FOR FURTHER INFORMATION CONTACT: For questions about this Notice, 
contact Rachel Morris, Attorney-Advisor, NOAA Office of the General 
Counsel, Oceans and Coasts Section, and Patrick Carroll, Attorney-
Advisor, NOAA Office of the General Counsel, Oceans and Coasts Section, 
at [email protected] or (301) 713-7387.

SUPPLEMENTARY INFORMATION: On March 20, 2020, the NOAA Administrator, 
pursuant to authority delegated by the Secretary of Commerce to decide 
Coastal Zone Management Act of 1972 (CZMA) federal consistency appeals, 
received a ``Notice of Appeal'' filed by Jordan Cove Energy Project, 
L.P. and Pacific Connector Gas Pipeline, LP (collectively, 
``Appellants'') under 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 Oregon Department of 
Land Conservation and Development to Appellants' consistency 
certification for a proposed project to construct and operate a 
liquified natural gas export terminal and a 229-mile natural gas 
pipeline and compressor station off the Pacific Coast. 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 NOAA Administrator may override Oregon 
Department of Land Conservation and Development'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 of Commerce 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 Department of Commerce 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

[[Page 60767]]

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).
    After reviewing the decision record developed to date, the NOAA 
Administrator has decided to solicit supplemental and clarifying 
information. In order to allow time for the receipt of this 
information, the NOAA Administrator hereby stays closure of the 
decision record, currently scheduled to occur on September 28, 2020, 
until November 27, 2020.
    NOAA has provided access to publicly available materials and 
related documents comprising the appeal record on the following 
website: https://www.regulations.gov/docket?D=NOAA-HQ-2020-0058.

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of the General Counsel.
[FR Doc. 2020-20869 Filed 9-25-20; 8:45 am]
BILLING CODE 3510-JE-P