Notice2021-13396
Federal Consistency Appeal by Norwalk Cove Marina, Inc.
Primary source
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Published
June 24, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This announcement provides notice that the Department of Commerce (DOC) has received a "Notice of Appeal" filed by Norwalk Cove Marina, Inc. (Appellant), requesting that the 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 Central Long Island Sound Dredged Material Site.
Full Text
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<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Page 33235]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13396]
[[Page 33235]]
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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 of appeal.
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SUMMARY: This announcement provides notice that the Department of
Commerce (DOC) has received a ``Notice of Appeal'' filed by Norwalk
Cove Marina, Inc. (Appellant), requesting that the 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 Central Long Island Sound Dredged Material Site.
DATES: Written comments and requests for a public hearing will be
considered if received no later than July 26, 2021.
ADDRESSES: Comments or requests for a public hearing must be submitted
by:
<bullet> Electronic Submission: Submit all electronic public
comments or requests for a public hearing via the Federal eRulemaking
portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter NOAA-HQ-2021-0059 in the
search box. Click the ``Comment'' icon, complete the required fields,
and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NOAA.
NOAA intends to post publicly available materials and related
documents comprising the appeal record electronically, at
<a href="http://www.regulations.gov">www.regulations.gov</a>, under docket number NOAA-HQ-2021-0059.
FOR FURTHER INFORMATION CONTACT: For further 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, <a href="/cdn-cgi/l/email-protection#234146574b424d5a0d4b464d4d464e424d634d4c42420d444c55"><span class="__cf_email__" data-cfemail="167473627e77786f387e737878737b7778567879777738717960">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On May 19, 2021, the Secretary of Commerce (Secretary) received a
``Notice of Appeal'' filed by Norwalk Cove Marina, Inc., pursuant to
the Coastal Zone Management Act (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 Secretary 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 Secretary 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.
Request for Public and Federal Agency Comments
We encourage the public and interested federal agencies to
participate in this appeal by submitting written comments and any
relevant materials supporting those comments using the method specified
in the ADDRESSES section of this notice. All comments received are a
part of the public record and will generally be posted for public
viewing on <a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NOAA will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Opportunity for Public Hearing
The Secretary may hold a public hearing on this appeal, either in
response to a written request for a public hearing or upon her own
initiative. You may submit a request for a public hearing using the
method specified in the ADDRESSES section of this notice. A written
request for a public hearing must include an explanation for why you
believe a public hearing would be beneficial and aid the decision-
maker. If a hearing is held, advance notice of the time, date, and
location of the public hearing will be published in the Federal
Register. The public and federal agency comment period will also be
reopened for a 10-day period following the hearing to allow for
additional input.
Public Availability of Appeal Documents and Decisions
NOAA intends to provide access to publicly available materials and
related documents comprising the appeal record on the following
website: <a href="http://www.regulations.gov">www.regulations.gov</a>, under docket number NOAA-HQ-2021-0059.
(Authority: 15 CFR 930.128(a))
Adam Dilts,
Chief, Oceans and Coasts Section, Office of the General Counsel,
National Oceanic and Atmospheric Administration.
[FR Doc. 2021-13396 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-JE-P
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