[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Page 35078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12263]


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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 of reopening and of closure--administrative appeal 
decision record.

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SUMMARY: This announcement provides notice that the decision record has 
reopened on June 5, 2020, and closed on June 5, 2020, 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 reopened and closed on June 5, 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 
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), (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). On April 27, 2020, NOAA published a Federal 
Register Notice announcing closure of the appeal decision record. 85 FR 
23328.
    On May 14, 2020, South Carolina submitted to NOAA a request to 
reopen the record so that South Carolina may provide a supplemental 
document in response to two documents added to the appeal record on 
March 30, 2020. On May 18, 2020, WesternGeco filed an opposition to 
South Carolina's motion, and, in the alternative, moved to supplement 
the record with one additional document. On June 5, 2020, NOAA issued 
an Order in the appeal determining that a limited reopening of the 
appeal decision record was necessary to receive supplemental or 
clarifying information that either of the parties may submit regarding 
the two record documents added on March 30, 2020.
    Consistent with the above schedule, the decision record for 
WesternGeco's federal consistency appeal of South Carolina's objection 
reopened on June 5, 2020, for NOAA to receive supplemental record 
material, and it closed on June 5, 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. 2020-12263 Filed 6-5-20; 8:45 am]
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