[Federal Register Volume 68, Number 149 (Monday, August 4, 2003)]
[Notices]
[Page 45794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19591]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Millennium Pipeline From an 
Objection by the New York Department of State

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

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

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SUMMARY: This announcement provides notice that the decision record has 
been closed for an administrative appeal filed with the Department of 
Commerce by the Millennium Pipeline Company (Consistency Appeal of 
Millennium Pipeline Company, L.P.).

DATES: The decision record for the Millennium Pipeline Company's 
administrative appeal was closed on July 24, 2003.

ADDRESSES: Materials from the appeal record are available at the 
Internet site http://www.orc.doc.gov/czma.htm and at the Office of the 
General Counsel for Ocean Services, National Oceanic and Atmospheric 
Administration, U.S. Department of Commerce, 1305 East-West Highway, 
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Branden Blum, Senior Counselor, Office 
of the General Counsel for Ocean Services, via e-mail at 
[email protected], or at 301-713-2967, extension 186.

SUPPLEMENTARY INFORMATION: In June 2002, the Millennium Pipeline 
Company, L.P. (Millennium or Appellant) filed a notice of appeal with 
the Secretary of Commerce (Secretary) pursuant to section 307(c)(3)(A) 
of the Coastal Zone Management Act of 1972 (CZMA), as amended 16 U.S.C. 
1451 et seq., and the Department of Commerce's implementing 
regulations, 15 CFR part 930, subpart H, (revised, effective January 8, 
2001). The appeal was taken from an objection by the New York 
Department of State (State) to Millennium's consistency certification 
for U.S. Army Corps of Engineers and Federal Energy Regulatory 
Commission permits to construct and operate a natural gas pipeline 
spanning approximately 420 miles from the U.S./Canada border to a 
terminus outside of New York City. The certification indicated that the 
project is a consistent with New York State's coastal management 
program. The project would traverse Lake Erie and cross the Hudson 
River, affecting the natural resources or land and water uses of New 
York's coastal zone.
    The Appellant requested the Secretary to override the State's 
consistency objection for a procedural reason, concerning the timing of 
the State's objection to the Millennium project. The Appellant also 
requested an override of the State's objection on the two substantive 
grounds provided in the CZMA. The first ground requires the Secretary 
to determine that the proposed activity is ``consistent with the 
objective'' of the CZMA. The second substantive ground for overriding a 
State's objection considers whether the proposed activity is necessary 
in the interest of national security. Decisions for CZMA administrative 
appeals are based on information contained in a decision record. The 
Millennium appeal decision record includes materials submitted by the 
parties, the public and interested federal agencies, and was closed on 
July 24, 2003. It is expected that no further information, briefs or 
comments will be considered in deciding the appeal.
    The CZMA requires that a notice be published in the Federal 
Register indicting the date on which the decision record has been 
closed. 16 U.S.C. 1465(a). A final decision of the Millennium appeal is 
to be issued no later than 90 days after the date of publication of 
this notice. 16 U.S.C. 1465(a). The deadline may be extended by 
publishing (within the 90-day period) a subsequent notice explaining 
why a decision cannot be issued within the time frame. In this event, a 
final decision is to be issued no later that 45 days after the date of 
publication of the subsequent notice. 16 U.S.C. 1465(b).
    Additional information about the Millennium appeal and the CZMA 
appeals process is available from the Department of Commerce CZMA 
appeals Web site http://www.ogc.doc.gov/czma.htm.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.)
    Dated: July 28, 2003.
James R. Walpole,
General Counsel.
[FR Doc. 03-19591 Filed 8-1-03; 8:45 am]
BILLING CODE 3510-08-M