[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Notices]
[Page 38400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15468]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Broadwater Energy LLC and 
Broadwater Pipeline LLC

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

ACTION: Notice of Appeal.

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SUMMARY: This announcement provides notice that Broadwater Energy LLC 
and Broadwater Pipeline LLC (collectively, Broadwater), have filed an 
administrative appeal with the Department of Commerce (Department), 
asking that the Department override an objection by the New York State 
Department of State (New York). New York objects to Broadwater's 
proposal to construct and operate a floating liquefied natural gas 
(LNG) terminal and associated pipeline, that would be located in the 
New York waters of Long Island Sound.

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: Ted Beuttler, Attorney-Advisor, NOAA 
Office of the General Counsel, 301-713-7383.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    On June 6, 2008, Broadwater filed notice of an appeal with the 
Department, 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. Broadwater appealed an objection by New York to 
Broadwater's proposal to construct and operate a floating LNG terminal 
and associated pipeline, that would be located in the New York waters 
of Long Island Sound.
    Under the CZMA, the Department may override New York'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 
Department 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 enforceable 
policies of the applicable coastal management program. 15 CFR 930.121.

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, please contact 
Ted Beuttler, 301-713-7383.

    Dated: July 2, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services, NOAA.

[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]
 [FR Doc. E8-15468 Filed 7-3-08; 8:45 am]
BILLING CODE 3510-08-P