Federal Consistency Appeal by Norwalk Cove Marina, Inc., 68222-68223 [2021-26010]
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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Notices
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certain of its requirements for serving
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proprietary information, until further
notice.1
lotter on DSK11XQN23PROD with NOTICES1
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Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
2 See 19 CFR 351.218(d)(1)(iii).
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17:08 Nov 30, 2021
Jkt 256001
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: November 19, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–26154 Filed 11–30–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Federal Consistency Appeal by
Norwalk Cove Marina, Inc.
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 Norwalk Cove Marina, Inc.
(Appellant) under the Coastal Zone
Management Act of 1972 (CZMA).
Appellant has requested that the
National Oceanic and Atmospheric
Administration (NOAA) Administrator,
pursuant to authority delegated by the
Secretary of Commerce to decide CZMA
federal consistency appeals, override an
objection by the New York State
Department of State to a consistency
certification for a proposed project to
dispose of dredged material at the
Central Long Island Sound Disposal
Site.
DATES: The decision record for
Appellant’s federal consistency appeal
of the New York State Department of
State’s objection closed on December 1,
2021.
ADDRESSES: NOAA has provided 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.
FOR FURTHER INFORMATION CONTACT: For
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, bethany.henneman@
noaa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background Information
On May 19, 2021, the NOAA
Administrator, pursuant to authority
delegated by the Secretary of Commerce
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Fmt 4703
Sfmt 4703
to decide Coastal Zone Management Act
(CZMA) federal consistency appeals,
received a ‘‘Notice of Appeal’’ filed by
Norwalk Cove Marina, Inc., pursuant to
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 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 NOAA Administrator 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 NOAA Administrator 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 NOAA
Administrator 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
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).
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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Notices
After reviewing the decision record
developed to date, the NOAA
Administrator has determined that it is
not necessary to stay the closure of the
decision record in this appeal.
Consistent with the schedule contained
in the CZMA and its implementing
regulations, the decision record for
Appellant’s federal consistency appeal
of the New York Department of State’s
objection closed on December 1, 2021.
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:
www.regulations.gov, under docket
number NOAA–HQ–2021–0059.
(Authority Citation: 15 CFR 930.130(a)(1))
Adam Dilts,
Chief, Oceans and Coasts Section, National
Oceanic and Atmospheric Administration
Office of the General Counsel.
[FR Doc. 2021–26010 Filed 11–30–21; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB571]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the NOAA Port
Facility Project in Ketchikan, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments on proposed authorization
and possible renewal.
AGENCY:
NMFS has received a request
from the National Oceanic and
Atmospheric Administration (NOAA)
for authorization to take marine
mammals incidental to the NOAA Port
Facility Project in Ketchikan, Alaska.
Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
issue an incidental harassment
authorization (IHA) to incidentally take
marine mammals during the specified
activities. NMFS is also requesting
comments on a possible one-year
renewal that could be issued under
certain circumstances and if all
requirements are met, as described in
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SUMMARY:
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17:08 Nov 30, 2021
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Request for Public Comments at the end
of this document. NMFS will consider
public comments prior to making any
final decision on the issuance of the
requested MMPA authorizations and
agency responses will be summarized in
the final notification of our decision.
DATES: Comments and information must
be received no later than January 3,
2022.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service and should be
sent to ITP.Meadows@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427–
8401. Electronic copies of the
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained
online at: https://www.fisheries.
noaa.gov/permit/incidental-takeauthorizations-under-marine-mammalprotection-act. In case of problems
accessing these documents, please call
the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
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Fmt 4703
Sfmt 4703
68223
issued or, if the taking is limited to
harassment, a notice of a proposed IHA
may be provided to the public for
review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable
MMPA statutory terms cited above are
included in the relevant sections below.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
preliminarily determined that the
issuance of the proposed IHA qualifies
to be categorically excluded from
further NEPA review.
We will review all comments
submitted in response to this
notification prior to concluding our
NEPA process or making a final
decision on the IHA request.
Summary of Request
On October 26, 2021, NMFS received
an application from NOAA’s Office of
Marine and Aviation Operations
requesting an IHA to take small
numbers of 9 species (Dall’s porpoise
(Phocoenoides dalli), Steller sea lions
(Eumetopias jubatus), Pacific white-
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01DEN1
]]>Agencies
[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Notices]
[Pages 68222-68223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26010]
-----------------------------------------------------------------------
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; closure of administrative appeal decision record.
-----------------------------------------------------------------------
SUMMARY: This announcement provides notice that the decision record has
closed for an administrative appeal filed by Norwalk Cove Marina, Inc.
(Appellant) under the Coastal Zone Management Act of 1972 (CZMA).
Appellant has requested that the National Oceanic and Atmospheric
Administration (NOAA) Administrator, pursuant to authority delegated by
the Secretary of Commerce to decide CZMA federal consistency appeals,
override an objection by the New York State Department of State to a
consistency certification for a proposed project to dispose of dredged
material at the Central Long Island Sound Disposal Site.
DATES: The decision record for Appellant's federal consistency appeal
of the New York State Department of State's objection closed on
December 1, 2021.
ADDRESSES: NOAA has provided 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.
FOR FURTHER INFORMATION CONTACT: For 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 Information
On May 19, 2021, the NOAA Administrator, pursuant to authority
delegated by the Secretary of Commerce to decide Coastal Zone
Management Act (CZMA) federal consistency appeals, received a ``Notice
of Appeal'' filed by Norwalk Cove Marina, Inc., pursuant to 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 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 NOAA Administrator 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 NOAA Administrator 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 NOAA Administrator 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
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).
[[Page 68223]]
After reviewing the decision record developed to date, the NOAA
Administrator has determined that it is not necessary to stay the
closure of the decision record in this appeal. Consistent with the
schedule contained in the CZMA and its implementing regulations, the
decision record for Appellant's federal consistency appeal of the New
York Department of State's objection closed on December 1, 2021. 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: www.regulations.gov, under docket number NOAA-HQ-2021-0059.
(Authority Citation: 15 CFR 930.130(a)(1))
Adam Dilts,
Chief, Oceans and Coasts Section, National Oceanic and Atmospheric
Administration Office of the General Counsel.
[FR Doc. 2021-26010 Filed 11-30-21; 8:45 am]
BILLING CODE 3510-JE-P
