[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Notices]
[Pages 49760-49761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21207]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Islander East Pipeline Company From 
an Objection by the Connecticut Department of Environmental Protection

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

ACTION: Notice of recommencement of appeal proceedings; reopening of 
public comment period.

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SUMMARY: This notice: (1) Announces the resumption of processing of 
Islander East's administrative appeal (Consistency Appeal of Islander 
East Pipeline Company, L.L.C.) by the Department of Commerce; (2) 
reopens the period for the public to comment on

[[Page 49761]]

Islander East's administrative appeal; and (3) provides information 
about other procedural aspects of the appeal.

DATES: Processing of the Islander East appeal by the Department of 
Commerce resumed on August 8, 2003. The public comment period for the 
appeal will run through November 20, 2003. The deadline for federal 
agencies to submit comments on the appeal is October 27, 2003. 
Information concerning a public hearing on the appeal to be held in 
Connecticut will be available approximately 30 days prior to the 
hearing.

ADDRESSES: All e-mail comments on issues relevant to the Secretary of 
Commerce's (Secretary) decision in this appeal may be submitted to 
[email protected]. Comments may also be sent by mail to 
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. Materials from the appeal record 
are available at the Internet site http://www.ogc.doc.gov/czma.htm and 
at the Office of the General Counsel for Ocean Services. Also, public 
filings made by the parties to the appeal are to be available for 
review at the Connecticut Department of Environmental Protection, 79 
Elm Street, Hartford, CT.

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

SUPPLEMENTARY INFORMATION: 

I. Recommencement of Appeal Proceedings

    In November 2002, the Islander East Pipeline Company, L.L.C. 
(Islander East) filed a notice of appeal with the Department of 
Commerce (Department) pursuant to the Coastal Zone Management Act of 
1972 (CZMA), as amended, asking that the Secretary of Commerce override 
the State of Connecticut's (State) objection to Islander East's 
proposed natural gas pipeline. The pipeline would extend from near 
North Haven, Connecticut, across the Long Island Sound to a terminus in 
Suffolk County (Long Island), New York. Connecticut's objection is 
based on the project's potential effects on the natural resources or 
land and water uses of Connecticut's coastal zone.
    Appeal proceedings before the Department have been stayed since 
March 17, 2003. The initial stay and an extension were granted at the 
request of both parties to allow for settlement negotiations. A 
subsequent stay was granted in order to accommodate Islander East's 
request that the appeal be remanded to the Connecticut Department of 
Environmental Protection (Connecticut) for reconsideration of its 
objection to the proposed natural gas pipeline project. On July 29, 
2003, Connecticut reiterated its continuing objection to the proposed 
pipeline. Connecticut's determination requires the Department of 
Commerce to resume processing the Islander East appeal. 15 CFR 
930.129(d). Consequently, the Department provided notice to the parties 
on August 8, 2003 that it was recommencing processing of Islander 
East's appeal. Information on scheduled filings by the parties is 
available at the Department's Coastal Zone Management Act Appeals Web 
site, http://www.ogc.doc.gov/czma.htm.

II. Public Comments

    In connection with the resumption of appeal proceedings, the public 
comment period has been reopened through November 20, 2003. During this 
period, the public may submit comments to the Department of Commerce 
(see address section above) on issues to be considered in the appeal. A 
summary of the grounds for which Islander East requested an override of 
the State's objection appears in the Federal Register at 68 FR 3513. 
Comments received between July 31, 2003, the close of the earlier 
public comment period, and before the publication of this notice, will 
be considered to be timely filed.

III. Other Procedural Matters

    This portion of the Federal Register notice provides information 
concerning other aspects of the Islander East appeal that are affected 
by the resumption of proceedings. The federal agency comment period has 
been reopened and letters announcing this action were sent to agencies 
whose views had been previously solicited but not yet received, 
although timely comments will be accepted from all agencies. The 
Department will also schedule a public hearing on the appeal in the 
State of Connecticut. A hearing, to occur prior to the close of the 
public comment period, had been previously announced in the Federal 
Register. 68 FR 5620. A notice concerning the date, location and 
related information will be provided at least 30 days prior to the 
hearing.
    Please visit the Department of Commerce CZMA Appeals Web site 
(http://www.ogc.doc.gov/czma.htm) for further information concerning 
the CZMA administrative appeal process or to review documents from the 
Islander East appeal record.
    Questions about the resumption of the Islander East appeal may be 
sent to the National Oceanic and Atmospheric Administration, U.S. 
Department of Commerce, via e-mail ([email protected]) or made by 
telephone (301 713-2967, extension 186).

[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]

    Dated: August 13, 2003.
James R. Walpole,
General Counsel.
[FR Doc. 03-21207 Filed 8-18-03; 8:45 am]
BILLING CODE 3510-08-P