[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Notices]
[Page 35079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12264]



[[Page 35079]]

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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 reopening and of closure--administrative appeal 
decision record.

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SUMMARY: This announcement provides notice that the decision record 
reopened on June 5, 2020, and closed on June 5, 2020, 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 reopened on June 5, 2020, 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-2019-0089.

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 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).
    On March 30, 2020, NOAA published a Federal Register Notice 
announcing closure of the appeal decision record. 85 FR 17539. On April 
29, 2020, North Carolina submitted to NOAA a request to reopen the 
record so that North Carolina may provide a supplemental document in 
response to two documents added to the appeal record on March 30, 2020. 
On May 5, 2020, NOAA issued an Order in the appeal determining that a 
limited reopening of the appeal decision record was (1) appropriate to 
ensure efficiency and fairness to the parties and (2) 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 North 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.

II. Public Availability of Appeal Record

    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: 15 CFR 930.130(a).

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-12264 Filed 6-5-20; 8:45 am]
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