[Federal Register Volume 69, Number 77 (Wednesday, April 21, 2004)]
[Notices]
[Page 21500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8955]


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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 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 Islander East Pipeline Company (Consistency Appeal of 
Islander East Pipeline Company, L.L.C.).

DATES: The decision record for the Islander East Pipeline Company's 
administrative appeal was closed on April 15, 2004.

ADDRESSES: 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, 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, via e-mail at [email protected], or at 
(301) 713-2967, extension 207.

SUPPLEMENTARY INFORMATION: In November 2002, the Islander East Pipeline 
Company, L.L.C. (Islander East 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. The appeal was 
taken from an objection by the Connecticut Department of Environmental 
Protection (State) to Islander East'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 44 miles from North Haven, Connecticut, to Suffolk County 
(Long Island), New York. The certification indicates that the project 
is consistent with Connecticut's coastal management program. The 
project would cross portions of the Long Island Sound, affecting the 
natural resources or land and water uses of Connecticut's coastal zone.
    The Appellant requested the Secretary to override the State's 
consistency 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 objectives'' 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 Islander East 
appeal decision record includes materials submitted by the parties, the 
public and interested Federal agencies, and was closed on April 15, 
2004. It is expected that no further information, briefs or comments 
will be considered in deciding this appeal.
    The CZMA requires that a notice be published in the Federal 
Register indicating the date on which the decision record has been 
closed. 16 U.S.C. 1465(a). A final decision of the Islander East appeal 
is to be issued no later than 90 days after the date of the publication 
of this notice. 16 U.S.C. 1465(a)(1). 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. 16 U.S.C. 
1465(a)(2). In this event, a final decision is to be issued no later 
than 45 days after the date of publication of the subsequent notice. 16 
U.S.C. 1465(b).
    Additional information about the Islander East 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: April 15, 2004.
James R. Walpole,
General Counsel.
[FR Doc. 04-8955 Filed 4-15-04; 4:15 pm]
BILLING CODE 3510-08-P