[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Page 56183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22642]


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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 North Carolina Division of Coastal Management 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-
2019-0089.

FOR FURTHER INFORMATION CONTACT: For questions about this Notice, 
contact Martha McCoy, NOAA Office of General Counsel, Oceans and Coasts 
Section, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910, 
(301) 713-7391, [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 North Carolina 
Division of Coastal Management 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 the North Carolina 
Division of Coastal Management'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 documents comprising the appeal record on the following 
website: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2019-0089.

(Authority Citation: 15 CFR 930.128(a))

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2019-22642 Filed 10-18-19; 8:45 am]
 BILLING CODE 3510-JE-P