[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Notices]
[Pages 32360-32361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11341]


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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 extension of time to issue a decision.

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SUMMARY: This announcement provides notice that the deadline for 
issuing a decision has been extended by 15 days in the 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 new deadline for issuing a decision on WesternGeco's federal 
consistency appeal of North Carolina's objection is extended to June 
15, 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:

I. Notice of Appeal

    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

[[Page 32361]]

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.
    On March 30, 2020, NOAA published a Federal Register Notice 
announcing closure of the appeal decision record. 85 FR 17539. Under 
the CZMA, a final decision on the appeal must be issued no later than 
60 days after notice announcing closure of the decision record is 
published. 16 U.S.C. 1465(b)(3). This deadline may be extended, 
however, by publishing (within the 60-day period) a subsequent notice 
explaining why a decision cannot be issued within that time frame. 16 
U.S.C. 1465(c)(1). In that event, a final decision must be issued no 
later than 15 days after the date of publication of the subsequent 
notice. 16 U.S.C. 1465(c)(2).
    This announcement provides notice that the deadline for issuing a 
decision on this appeal has been extended by 15 days. The additional 
time is needed to complete a review of the record and reach a decision. 
A decision on the federal consistency appeal will be issued no later 
than June 15, 2020.

(Authority Citation: 16 U.S.C. 1465(c); 15 CFR 930.130(b))

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-11341 Filed 5-28-20; 8:45 am]
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