[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Page 76017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25721]



[[Page 76017]]

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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--closure of administrative appeal decision record.

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SUMMARY: This announcement provides notice that the decision record has 
closed for 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 have 
requested that the NOAA Administrator, pursuant to authority delegated 
by the Secretary of Commerce to decide Coastal Zone Management Act of 
1972 (CZMA) federal consistency appeals, 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 
liquefied 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 
closed 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 
liquefied 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 
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).
    In order to solicit supplemental and clarifying information, the 
NOAA Administrator stayed the closure of the decision record for a 
total of 60 days. 85 FR 60766 (September 28, 2020). Consistent with the 
above schedule, the decision record for Appellants' Federal consistency 
appeal of Oregon's objection closed on November 27, 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-2020-0058.

Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of the General Counsel.
[FR Doc. 2020-25721 Filed 11-25-20; 8:45 am]
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