Notice2024-31594
Federal Consistency Appeal by Robert Hagopian
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 13, 2025
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 Robert Hagopian, (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 perform shoreline stabilization, dock installation, and dredging at a property along the Hudson River in Ulster, New York.
Full Text
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<title>Federal Register, Volume 90 Issue 7 (Monday, January 13, 2025)</title>
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[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Notices]
[Page 2675]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31594]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No.: NOAA-HQ-2024-0152]
Federal Consistency Appeal by Robert Hagopian
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 Robert
Hagopian, (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 perform shoreline
stabilization, dock installation, and dredging at a property along the
Hudson River in Ulster, New York.
DATES: Written comments and requests for a public hearing will be
considered if received no later than February 12, 2025.
ADDRESSES: 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-2024-0152.
Comments or requests for a public hearing must be submitted via the
following method:
<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-2024-0152 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.
FOR FURTHER INFORMATION CONTACT: For further questions about this
notice, contact Emily Van Dam, NOAA Office of the General Counsel,
Oceans and Coasts Section, 1305 East-West Highway, Room 6111, Silver
Spring, MD 20910, (301) 278-8536, <a href="/cdn-cgi/l/email-protection#b5d0d8dcd9cc9bc3d4db9bd1d4d8f5dbdad4d49bd2dac3"><span class="__cf_email__" data-cfemail="4520282c293c6b33242b6b212428052b2a24246b222a33">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On December 13, 2024, the Secretary of Commerce (Secretary)
received a ``Notice of Appeal'' filed by Robert Hagopian, 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 the Appellant's CZMA consistency certification
for Appellant's pending permit application to the U.S. Army Corps of
Engineers to perform shoreline stabilization, dock installation, and
dredging at a property along the Hudson River in Ulster, New York.
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. The Appellant bears the burden of submitting evidence in
support of his appeal and the burden of persuasion. 15 CFR 930.127.
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 the
Secretary's 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. The Secretary is not obligated to hold a
public hearing. 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. 15 CFR 930.128.
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-2024-0152.
(Authority: 15 CFR 930.128(a))
Dated: December 30, 2024.
Jeffrey S. Dillen,
Deputy General Counsel, National Oceanic and Atmospheric
Administration.
[FR Doc. 2024-31594 Filed 1-10-25; 8:45 am]
BILLING CODE 3510-JE-P
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