[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60766-60767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20869]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Jordan Cove Energy Project, L.P. 
and Pacific Connector Gas Pipeline, LP

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 60 days, closure of the decision 
record in an administrative appeal filed by Jordan Cove Energy Project, 
L.P. and Pacific Connector Gas Pipeline, LP (collectively, 
``Appellants'') under the Coastal Zone Management Act. Appellants 
appealed to the Secretary of Commerce to override an objection by the 
Oregon Department of Land Conservation and Development to a consistency 
certification for a proposed project to construct and operate a 
liquified natural gas export terminal and a 229-mile natural gas 
pipeline and compressor station off the Pacific Coast.

DATES: The decision record for Appellants' federal consistency appeal 
of Oregon Department of Land Conservation and Development's objection 
will now close on November 27, 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-2020-0058.

FOR FURTHER INFORMATION CONTACT: For questions about this Notice, 
contact Rachel Morris, Attorney-Advisor, NOAA Office of the General 
Counsel, Oceans and Coasts Section, and Patrick Carroll, Attorney-
Advisor, NOAA Office of the General Counsel, Oceans and Coasts Section, 
at [email protected] or (301) 713-7387.

SUPPLEMENTARY INFORMATION: On March 20, 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 Jordan Cove Energy Project, 
L.P. and Pacific Connector Gas Pipeline, LP (collectively, 
``Appellants'') 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 Oregon Department of 
Land Conservation and Development to Appellants' consistency 
certification for a proposed project to construct and operate a 
liquified natural gas export terminal and a 229-mile natural gas 
pipeline and compressor station off the Pacific Coast. 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 NOAA Administrator may override Oregon 
Department of Land Conservation and Development'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 Department of Commerce 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

[[Page 60767]]

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 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 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).
    After reviewing the decision record developed to date, the NOAA 
Administrator has decided to solicit supplemental and clarifying 
information. In order to allow time for the receipt of this 
information, the NOAA Administrator hereby stays closure of the 
decision record, currently scheduled to occur on September 28, 2020, 
until November 27, 2020.
    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-2020-0058.

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of the General Counsel.
[FR Doc. 2020-20869 Filed 9-25-20; 8:45 am]
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