Federal Consistency Appeal by Norwalk Cove Marina, Inc., 68222-68223 [2021-26010]

Download as PDF 68222 Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Notices parties who want access to proprietary information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.1 lotter on DSK11XQN23PROD with NOTICES1 Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.2 If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the ITC ’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning antidumping and countervailing duty proceedings at Commerce. 1 See 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). VerDate Sep<11>2014 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 PO 00000 Frm 00010 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). E:\FR\FM\01DEN1.SGM 01DEN1 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:08 Nov 30, 2021 Jkt 256001 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 PO 00000 Frm 00011 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- E:\FR\FM\01DEN1.SGM 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]


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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; 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 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