[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Notices]
[Page 23328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08849]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by WesternGeco of South Carolina 
Objection

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

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

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

SUMMARY: This announcement provides notice that the decision record has 
closed for an administrative appeal filed by WesternGeco (Appellant) 
under the Coastal Zone Management Act requesting that the Secretary of 
Commerce (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.

DATES: The decision record for WesternGeco's Federal Consistency Appeal 
of South Carolina's objection closed on April 27, 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-2019-0118.

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: 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.
    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) and (3). In order to solicit 
supplemental and clarifying information from the Bureau of Ocean Energy 
Management pertaining to the withholding of certain information as 
proprietary, the Secretary stayed the closure of the decision record on 
two occasions for a total of 28 days. 85 FR 17538 (March 30, 2020); 85 
FR 20475 (April 13, 2020).
    Consistent with the above schedule, the decision record for 
WesternGeco's Federal consistency appeal of South Carolina's objection 
closed on April 27, 2020. No further information or briefs will be 
considered in deciding this appeal.

Public Availability of Appeal Documents

    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-2019-0118.

(Authority: 15 CFR 930.130(a)(2), (3))

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-08849 Filed 4-24-20; 8:45 am]
 BILLING CODE 3510-JE-P