[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Page 58288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23091]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Consistency Certification for a Proposed Project in Sterling, New 
York; Notice of Appeal

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

ACTION: Notice of Appeal

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SUMMARY: This announcement provides notice that the Department of 
Commerce (Department) has received a ``Notice of Appeal'' filed by Mark 
Smolinski (Appellant) requesting that the Secretary override an 
objection by the New York Department of State to a consistency 
certification for a proposed project in Sterling, New York.
    Addresses and Dates: You may submit written comments concerning 
this appeal or requests for a public hearing to NOAA, Office of General 
Counsel, Oceans and Coasts Section, Attn. Gladys Miles, 1305 East-West 
Highway, Room 6111, Silver Spring, MD 20910, or via email to 
[email protected]. Comments or requests for a public hearing must 
be sent in writing postmarked or emailed no later than October 23, 
2013.

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal

    On August 22, 2013, the Secretary of Commerce (Secretary) received 
a ``Notice of Appeal'' filed by Mark Smolinski, 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. The 
appeal is taken from an objection by the New York Department of State 
to a consistency certification for a U.S. Army Corps of Engineer permit 
needed for the installation of a solar panel array onto an existing 
dock located in Sterling, New York. The solar array would provide 
energy to a private residence.
    Under the CZMA, the Secretary may override the Department of 
State'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. 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 if the activity is not permitted to go 
forward as proposed. 15 CFR 930.122.

II. Request for Public and Federal Agency Comments

    We encourage the public and interested federal agencies to 
participate in this appeal by submitting written comments and any 
relevant materials supporting those comments. All comments received are 
a part of the public record. All personal identifying information 
(e.g., name, address, etc.), confidential business information, or 
otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible.

III. Public Hearing Request

    You may submit a request for a public hearing using one of the 
methods specified in the Addresses and Dates section of this notice. In 
your request, explain why you believe a public hearing would be 
beneficial. If we determine that a public hearing would aid the 
decisionmaker, a notice announcing the date, time, and location of the 
public hearing will be published in the Federal Register. The public 
and federal agency comment period will also be reopened for a ten-day 
period following the conclusion of the public hearing to allow for 
additional input.

IV. Public Availability of Appeal Documents

    NOAA intends to provide access to publicly available materials and 
related documents comprising the appeal record on the following Web 
site: http://coastalmanagement.noaa.gov/consistency/fcappealdecisions.html; and during business hours, at the NOAA, Office 
of General Counsel in the location specified in the Addresses and Dates 
section of this notice.

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

    Dated: September 18, 2013.
Jeffrey S. Dillen,
 Acting Chief, Oceans & Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2013-23091 Filed 9-20-13; 8:45 am]
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