[Federal Register Volume 85, Number 170 (Tuesday, September 1, 2020)]
[Notices]
[Pages 54355-54356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19240]


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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 closure--administrative appeal decision record.

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SUMMARY: This announcement provides notice that the decision record has

[[Page 54356]]

closed for an administrative appeal filed with the Department of 
Commerce by Electric Boat Corporation requesting that the Secretary of 
Commerce (Secretary) 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 
closed on August 31, 2020.

ADDRESSES: 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.

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 to decide Coastal Zone 
Management Act of 1972 (CZMA) federal consistency appeals, received a 
``Notice of Appeal'' filed by Electric Boat Corporation (EBC or 
``Appellant'') 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). Consistent 
with the above schedule, the decision record for EBC's Federal 
consistency appeal of New York State Department of State's objection 
closed on August 31, 2020. No further information or briefs will be 
considered in deciding this appeal.
    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.

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-19240 Filed 8-31-20; 8:45 am]
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