[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Pages 76001-76002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29595]


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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 Stay--Closure of Administrative Appeal Decision 
Record.

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SUMMARY: This announcement provides notice that the Department of 
Commerce has stayed, for a period of 60 days, closure of the decision 
record in an administrative appeal filed by Broadwater Energy LLC and 
Broadwater Pipeline LLC (collectively, Broadwater) under the Coastal 
Zone Management Act, 16 U.S.C. 1456 (hereinafter, Broadwater Federal 
Consistency Appeal).

DATES: The decision record for the Broadwater Federal Consistency 
Appeal will now close on February 13, 2009.

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

FOR FURTHER INFORMATION CONTACT: Jamon L. Bollock, Attorney-Advisor, 
NOAA Office of General Counsel, at (301) 713-7393 or via e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:
    On June 6, 2008, Broadwater filed notice of an appeal with the 
Secretary of Commerce (Secretary) pursuant to Section 307 of the 
Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1456, and NOAA's 
implementing regulations found at 15 CFR Part 930, Subpart H. 
Broadwater appealed an objection by the New York State Department of 
State (New York) to Broadwater's proposal to construct and operate a 
floating liquefied natural gas (LNG) terminal and associated pipeline, 
which would be located in the New York waters of Long Island Sound. The 
Secretary published a Notice of Appeal in the Federal Register on July 
7, 2008.
    Under the CZMA, the Secretary may override New York's objection on 
the 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 
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 enforceable 
policies of the coastal management program. 15 CFR 930.121.
    The Secretary must close the decision record in a federal 
consistency appeal 160 days after the Notice of Appeal is published in 
the Federal Register. 15 CFR 930.130(a)(1). However, the CZMA 
authorizes the Secretary to stay closing the decision record for up to 
60 days when the Secretary determines it necessary to receive, on an 
expedited basis, any supplemental information specifically requested by 
the Secretary to complete a consistency review or any clarifying 
information submitted by a party to the proceeding related to 
information in the consolidated record compiled by the lead Federal 
permitting agency. 15 CFR 930.130(a)(2), (3).
    After reviewing the Broadwater Federal Consistency Appeal decision 
record developed to date, the Secretary has decided to solicit 
supplemental and clarifying information. In order to allow receipt of 
this information, the Secretary hereby stays closure of the decision

[[Page 76002]]

record, currently scheduled to occur on December 15, 2008, until 
February 13, 2009.
    Additional information about the Broadwater Federal Consistency 
Appeal and the CZMA appeal process is available on the Department of 
Commerce's CZMA Consistency Appeals Web site at http://www.ogc.doc.gov/czma.htm.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.)

    Dated: December 10, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services, NOAA.
 [FR Doc. E8-29595 Filed 12-12-08; 8:45 am]
BILLING CODE 3510-22-P