[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56182-56183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22641]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by WesternGeco

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

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 
WesternGeco (Appellant) requesting that the Secretary override an 
objection by the South Carolina Department of Health and Environmental 
Control to a consistency certification for a proposed project to 
conduct a marine Geological and Geophysical seismic survey in the 
Atlantic Ocean.

ADDRESSES: NOAA intends to provide access to publicly available 
materials and related documents comprising the appeal record on the 
following website: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-
2019-0118.

FOR FURTHER INFORMATION CONTACT: For questions about this Notice, 
contact Jonelle Dilley, NOAA Office of General Counsel, Oceans and 
Coasts Section, 1305 East-West Highway, Room 6111, Silver Spring, MD 
20910, (301) 713-7383, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal

    On September 20, 2019, the Secretary of Commerce (Secretary) 
received a ``Notice of Appeal'' filed by WesternGeco 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 
``Notice of Appeal'' is taken from an objection by the South Carolina 
Department of Health and Environmental Control to a consistency 
certification for a proposed project to conduct a marine Geological and 
Geophysical seismic survey in the Atlantic Ocean. This matter 
constitutes an appeal of an ``energy project'' within the meaning of 
the CZMA regulations, see 15 CFR 930.123(c).
    Under the CZMA, the Secretary may override South Carolina's 
objection on grounds that the project is consistent with the objectives 
or purposes of the CZMA, or is 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 national interest 
furthered by the proposed activity outweighs the activity's adverse 
coastal effects, when those effects are considered separately or 
cumulatively; and (3) no reasonable alternative is available that would 
permit the proposed activity to be conducted in a manner consistent 
with the 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 proposed activity is 
not permitted to go forward as proposed. 15 CFR 930.122.

II. Public Availability of Appeal Documents

    NOAA intends to provide access to publicly available materials and 
related

[[Page 56183]]

documents comprising the appeal record on the following website: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2019-0118.

(Authority Citation: 15 CFR 930.128(a))

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2019-22641 Filed 10-18-19; 8:45 am]
 BILLING CODE 3510-JE-P