[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Page 17539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06424]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by WesternGeco of North Carolina 
Objection

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

ACTION: Notice of closure--administrative appeal decision record.

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SUMMARY: This announcement provides notice that the decision record has 
closed for an administrative appeal filed with the Department of 
Commerce (Department) by WesternGeco requesting that the Secretary of 
Commerce (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.

DATES: The decision record for WesternGeco's Federal consistency appeal 
of North Carolina's objection closed on March 30, 2020.

ADDRESSES: NOAA has provided 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: On September 20, 2019, the 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.
    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).
    Consistent with the above schedule, the decision record for 
WesternGeco's Federal consistency appeal of North Carolina's objection 
closed on March 30, 2020. No further information or briefs will be 
considered in deciding this appeal.
    NOAA has provided 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 930.130(a))

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-06424 Filed 3-27-20; 8:45 am]
 BILLING CODE 3510-JE-P