[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Notices]
[Page 54642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19047]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Mill River Pipeline, LLC

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

ACTION: Notice of appeal.

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SUMMARY: This announcement provides notice that Mill River Pipeline, 
LLC (Mill River) has filed an administrative appeal with the Department 
of Commerce asking that the Secretary override the Commonwealth of 
Massachusetts' objection to Mill River's proposed natural gas pipeline, 
which is part of a proposed liquefied natural gas terminal to be 
constructed in Fall River, Massachusetts.

ADDRESSES: Materials from the appeal record will be available at the 
NOAA Office of General Counsel for Ocean Services, 1305 East-West 
Highway, Room 6111, Silver Spring, MD 20910 and on the following Web 
site: http://www.ogc.doc.gov/czma.htm.

FOR FURTHER INFORMATION CONTACT: Brett Grosko, Attorney-Advisor, NOAA 
Office of General Counsel, 301-713-7384.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    Mill River Pipeline, LLC (Mill River) filed a notice of appeal with 
the Secretary of Commerce pursuant to the Coastal Zone Management Act 
of 1972 (CZMA), 16 U.S.C. 1451 et seq., and implementing regulations 
found at 15 CFR part 930, subpart H. Mill River appealed an objection 
raised by the Commonwealth of Massachusetts, relative to the proposed 
construction of a liquefied natural gas pipeline, which is part of a 
proposed liquefied natural gas terminal to be constructed in Fall 
River, Massachusetts.
    Under the CZMA, the Secretary may override Massachusetts' objection 
on grounds that the project is consistent with the objectives or 
purposes of the CZMA, or 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 
Secretary 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 adverse effects of the 
proposed activity do not outweigh its contribution to the national 
interest, when those effects are considered separately or cumulatively; 
and (3) no reasonable alternative is available that would permit the 
activity to be conducted in a manner consistent with the enforceable 
policies of Massachusetts' coastal management program. 15 CFR 930.121. 
To make the determination that the proposed activity is ``necessary in 
the interest of national security,'' the Secretary must find that a 
national defense or other national security interest would be 
significantly impaired were the proposed activity not permitted to go 
forward as proposed. 15 CFR 930.122.

II. Appeal Documents

    NOAA intends to provide the public with access to all publicly 
available materials and related documents comprising the appeal record 
during business hours, at the NOAA Office of General Counsel for Ocean 
Services.
    For additional information about this appeal contact Brett Grosko, 
301-713-7384.

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

    Dated: September 21, 2007.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
 [FR Doc. E7-19047 Filed 9-25-07; 8:45 am]
BILLING CODE 3510-08-P