[Federal Register Volume 85, Number 211 (Friday, October 30, 2020)]
[Notices]
[Page 68856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24013]


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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 extension of time to issue a decision.

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SUMMARY: This announcement provides notice that the deadline for 
issuing a decision has been extended by 15 days in the 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 new deadline for issuing a decision on Electric Boat 
Corporation's federal consistency appeal of New York State Department 
of State's objection is November 16, 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.
    On September 1, 2020, NOAA published a Federal Register Notice 
announcing closure of the appeal decision record. 85 FR 54355. Under 
the CZMA, a final decision on the appeal must be issued no later than 
60 days after publication of the notice announcing closure of the 
decision record. 16 U.S.C. 1465(b)(3). This deadline may be extended, 
though, by publishing (within the 60-day period) a subsequent notice 
explaining why a decision cannot be issued within that time frame. 16 
U.S.C. 1465(c)(1). In that event, a final decision must be issued no 
later than 15 days after the date of publication of the subsequent 
notice. 16 U.S.C. 1465(c)(2).
    This announcement provides notice that the deadline for issuing a 
decision on this appeal has been extended by 15 days. The additional 
time is needed to complete a review of the record and reach a decision. 
A decision on the federal consistency appeal will be issued no later 
than November 16, 2020.

(Authority Citation: 16 U.S.C. 1465(c); 15 CFR 930.130(b).)

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2020-24013 Filed 10-29-20; 8:45 am]
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