[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Notices]
[Page 7074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01736]



[[Page 7074]]

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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--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 (Department) by Jordan 
Cove Energy Project, L.P. and Pacific Connector Gas Pipeline, LP 
(collectively, ``Appellants'') requesting that the Secretary of 
Commerce (Secretary) override an objection by the Oregon Department of 
Land Conservation and Development (DLCD) 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 new deadline for issuing a decision on Appellants' Federal 
consistency appeal of DLCD's objection is extended to February 9, 2021.

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 Secretary received a 
``Notice of Appeal'' filed by Appellants pursuant to the Coastal Zone 
Management Act of 1972 (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 DLCD 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. 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 Secretary may override the DLCD'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 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 Secretary 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 November 27, 2020, NOAA published a Federal Register Notice 
announcing closure of the appeal decision record. 85 FR 76017. Under 
the CZMA, a final decision on the appeal must be issued no later than 
60 days after notice announcing closure of the decision record is 
published. 16 U.S.C. 1465(b)(3). This deadline may be extended, 
however, 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 February 9, 2021.
    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. 2021-01736 Filed 1-22-21; 4:15 pm]
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