[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Notices]
[Pages 68222-68223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26010]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Norwalk Cove Marina, Inc.

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 Norwalk Cove Marina, Inc. 
(Appellant) under the Coastal Zone Management Act of 1972 (CZMA). 
Appellant has requested that the National Oceanic and Atmospheric 
Administration (NOAA) Administrator, pursuant to authority delegated by 
the Secretary of Commerce to decide CZMA federal consistency appeals, 
override an objection by the New York State Department of State to a 
consistency certification for a proposed project to dispose of dredged 
material at the Central Long Island Sound Disposal Site.

DATES: The decision record for Appellant's federal consistency appeal 
of the New York State Department of State's objection closed on 
December 1, 2021.

ADDRESSES: NOAA has provided access to publicly available materials and 
related documents comprising the appeal record on the following 
website: www.regulations.gov, under docket number NOAA-HQ-2021-0059.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
contact Bethany Henneman, NOAA Office of the General Counsel, Oceans 
and Coasts Section, 1305 East-West Highway, Room 6111, Silver Spring, 
MD 20910, (301) 300-0027, [email protected].

SUPPLEMENTARY INFORMATION:

Background Information

    On May 19, 2021, the NOAA Administrator, pursuant to authority 
delegated by the Secretary of Commerce to decide Coastal Zone 
Management Act (CZMA) federal consistency appeals, received a ``Notice 
of Appeal'' filed by Norwalk Cove Marina, Inc., pursuant to 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 a consistency 
certification for a pending permit application to the U.S. Army Corps 
of Engineers to dispose of approximately 24,500 cubic yards of dredged 
material in the Central Long Island Sound Disposal Site. Under the 
CZMA, the NOAA Administrator may override the New York State Department 
of State's objection on grounds that the project is consistent with the 
objectives or purposes of the CZMA, or otherwise 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 NOAA Administrator 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). 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).

[[Page 68223]]

    After reviewing the decision record developed to date, the NOAA 
Administrator has determined that it is not necessary to stay the 
closure of the decision record in this appeal. Consistent with the 
schedule contained in the CZMA and its implementing regulations, the 
decision record for Appellant's federal consistency appeal of the New 
York Department of State's objection closed on December 1, 2021. No 
further information or briefs will be considered in deciding this 
appeal.

Public Availability of Appeal Documents

    NOAA has provided access to publicly available materials and 
related documents comprising the appeal record on the following 
website: www.regulations.gov, under docket number NOAA-HQ-2021-0059.

(Authority Citation: 15 CFR 930.130(a)(1))

Adam Dilts,
Chief, Oceans and Coasts Section, National Oceanic and Atmospheric 
Administration Office of the General Counsel.
[FR Doc. 2021-26010 Filed 11-30-21; 8:45 am]
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