[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21834-21835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07862]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Jordan Cove Energy Project, L.P. 
and Pacific Connector Gas Pipeline, LP

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

ACTION: Notice of appeal.

-----------------------------------------------------------------------

SUMMARY: This announcement provides notice that the Department of 
Commerce has received a ``Notice of Appeal'' filed by Appellants Jordan 
Cove Energy Project, L.P. and Pacific Connector Gas Pipeline, LP. 
Appellants are requesting that the Secretary of Commerce override an 
objection by the Oregon Department of Land Conservation and Development 
to a consistency certification for a proposed project to construct and 
operate a liquified natural gas export terminal and a 229-mile 
interstate natural gas pipeline and compressor station off the Pacific 
Coast.

ADDRESSES: NOAA intends to post publicly available materials and 
related documents comprising the appeal record on the following 
website: http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2020-0058.

FOR FURTHER INFORMATION CONTACT: For questions about this Notice, 
contact Rachel Morris, Attorney-Advisor, NOAA Office of the General 
Counsel, Oceans and Coasts Section, and Patrick Carroll, Attorney-
Advisor, NOAA Office of the General Counsel, Oceans and Coasts Section, 
at [email protected] or (301) 713-7387.

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal

    On March 20, 2020, the Secretary of Commerce (Secretary) received a 
``Notice of Appeal'' filed by Appellants Jordan Cove Energy Project, 
L.P. and Pacific Connector Gas Pipeline, LP 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. 
Appellants are appealing an objection by the Oregon Department of Land 
Conservation and Development to Appellants' CZMA federal consistency 
certification for a proposed project to construct and operate a 
liquified natural gas (LNG) export terminal within the North Spit of 
Coos Bay and a 229-mile interstate natural gas pipeline and compressor 
station to connect the LNG export terminal to existing pipeline 
infrastructure. 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 Oregon Department of 
Land Conservation and Development'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 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 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-2020-0058.
    The consolidated record maintained by the lead federal permitting 
agency is also located at FERC Docket Numbers CP17-494 and CP17-495, 
FERC Online Docket Search, available at https://elibrary.ferc.gov/idmws/docket_search.asp.


[[Page 21835]]


    Authority Citation:  15 CFR 930.128(a).

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-07862 Filed 4-17-20; 8:45 am]
 BILLING CODE 3510-JE-P