[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46598-46599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16663]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Electric Boat Corporation of New 
York State Department of State Objection

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

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

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SUMMARY: This announcement provides notice that the Department of 
Commerce has stayed, for a period of 28 days, closure of the decision 
record in an administrative appeal filed by Electric Boat Corporation 
(Appellant) under the Coastal Zone Management Act requesting that the 
Secretary of Commerce override an objection by the New York State 
Department of State to a consistency certification for a proposed 
project to dispose of dredged material in the Eastern Long Island Sound 
Dredged Material Disposal Site.

DATES: The decision record for Electric Boat Corporation's federal 
consistency appeal of New York State Department of State's objection 
will now close on August 31, 2020.

ADDRESSES: NOAA has provided access to publicly available materials and

[[Page 46599]]

related documents comprising the appeal record on the following 
website: https://www.regulations.gov/docket?D=NOAA-HQ-2020-0021.

FOR FURTHER INFORMATION CONTACT: For questions about this Notice, 
contact Lauren Bregman, NOAA Office of the General Counsel, Oceans and 
Coasts Section, 1305 East-West Highway, Room 6111, Silver Spring, MD 
20910, (301) 713-7389, [email protected].

SUPPLEMENTARY INFORMATION: On January 24, 2020, the NOAA Administrator, 
pursuant to authority delegated by the Secretary of Commerce to decide 
Coastal Zone Management Act of 1972 (CZMA) federal consistency appeals, 
received a ``Notice of Appeal'' filed by Electric Boat Corporation 
under the 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 New York State Department of State to Appellant's 
consistency certification for a proposed U.S. Army Corps of Engineers 
permit to dispose of dredged material in the Eastern Long Island Sound 
Dredged Material Disposal Site.
    Under the CZMA, the NOAA Administrator may override New York State 
Department of State'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 of Commerce 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 NOAA Administrator 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 NOAA Administrator 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). The CZMA, though, 
authorizes the NOAA Administrator to stay the closing of the decision 
record for up to 60 days when the NOAA Administrator determines it is 
necessary to receive, on an expedited basis, any supplemental 
information specifically requested by the NOAA Administrator to 
complete a consistency review. 15 CFR 930.130(a)(2), (3).
    After reviewing the decision record developed to date, the NOAA 
Administrator has decided to solicit supplemental briefs from the 
Appellant and New York State Department of State pertaining to 
additional information including a July 17, 2020, comment letter 
received from the Department of the Navy. In order to allow time for 
the receipt of these briefs, the NOAA Administrator hereby stays 
closure of the decision record, currently scheduled to occur on August 
3, 2020, until August 31, 2020.

Public Availability of Appeal Documents

    NOAA has provided access to publicly available materials and 
related documents comprising the appeal record on the following 
website: https://www.regulations.gov/docket?D=NOAA-HQ-2020-0021.
    Authority Citation: 15 CFR 930.130(a)(2), (3).

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of the General Counsel.
[FR Doc. 2020-16663 Filed 7-31-20; 8:45 am]
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