Federal Consistency Appeal by Norwalk Cove Marina, Inc., 33235 [2021-13396]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Page 33235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13396]



[[Page 33235]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Norwalk Cove Marina, Inc.

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

ACTION: Notice of appeal.

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SUMMARY: This announcement provides notice that the Department of 
Commerce (DOC) has received a ``Notice of Appeal'' filed by Norwalk 
Cove Marina, Inc. (Appellant), requesting that the Secretary override 
an objection by the New York State Department of State to a consistency 
certification for a proposed project to dispose of dredged material in 
the Central Long Island Sound Dredged Material Site.

DATES: Written comments and requests for a public hearing will be 
considered if received no later than July 26, 2021.

ADDRESSES: Comments or requests for a public hearing must be submitted 
by:
     Electronic Submission: Submit all electronic public 
comments or requests for a public hearing via the Federal eRulemaking 
portal. Go to www.regulations.gov and enter NOAA-HQ-2021-0059 in the 
search box. Click the ``Comment'' icon, complete the required fields, 
and enter or attach your comments.
    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 NOAA.
    NOAA intends to post publicly available materials and related 
documents comprising the appeal record electronically, at 
www.regulations.gov, under docket number NOAA-HQ-2021-0059.

FOR FURTHER INFORMATION CONTACT: For further questions about this 
notice, contact Bethany Henneman, NOAA Office of the General Counsel, 
Oceans and Coasts Section, 1305 East-West Highway, Room 6111, Silver 
Spring, MD 20910, (301) 300-0027, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 19, 2021, the Secretary of Commerce (Secretary) received a 
``Notice of Appeal'' filed by Norwalk Cove Marina, Inc., pursuant to 
the Coastal Zone Management Act (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 New York State 
Department of State to a consistency certification for a pending permit 
application to the U.S. Army Corps of Engineers to dispose of 
approximately 24,500 cubic yards of dredged material in the Central 
Long Island Sound Disposal Site.
    Under the CZMA, the Secretary may override the New York State 
Department of State's objection on grounds that the project is 
consistent with the objectives or purposes of the CZMA, or otherwise 
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 Secretary 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.

Request for Public and Federal Agency Comments

    We encourage the public and interested federal agencies to 
participate in this appeal by submitting written comments and any 
relevant materials supporting those comments using the method specified 
in the ADDRESSES section of this notice. All comments received are a 
part of the public record and will generally be posted for public 
viewing on www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NOAA will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).

Opportunity for Public Hearing

    The Secretary may hold a public hearing on this appeal, either in 
response to a written request for a public hearing or upon her own 
initiative. You may submit a request for a public hearing using the 
method specified in the ADDRESSES section of this notice. A written 
request for a public hearing must include an explanation for why you 
believe a public hearing would be beneficial and aid the decision-
maker. If a hearing is held, advance notice of the time, date, and 
location of the public hearing will be published in the Federal 
Register. The public and federal agency comment period will also be 
reopened for a 10-day period following the hearing to allow for 
additional input.

Public Availability of Appeal Documents and Decisions

    NOAA intends to provide access to publicly available materials and 
related documents comprising the appeal record on the following 
website: www.regulations.gov, under docket number NOAA-HQ-2021-0059.

(Authority: 15 CFR 930.128(a))

Adam Dilts,
Chief, Oceans and Coasts Section, Office of the General Counsel, 
National Oceanic and Atmospheric Administration.
[FR Doc. 2021-13396 Filed 6-23-21; 8:45 am]
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