Notice2025-10838
Federal Consistency Appeal by Robert Hagopian
Primary source
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Published
June 23, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This announcement provides notice that the decision record has closed for an administrative appeal filed by Robert Hagopian (Appellant) under the Coastal Zone Management Act of 1972 (CZMA). Appellant has requested that the 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 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 118 (Monday, June 23, 2025)</title>
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[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Notices]
[Pages 26554-26555]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10838]
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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--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 Robert Hagopian
(Appellant) under the Coastal Zone Management Act of 1972 (CZMA).
Appellant has requested that the 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 perform shoreline stabilization, dock
[[Page 26555]]
installation, and dredging at a property along the Hudson River in
Ulster, New York.
DATES: The decision record for Appellant's federal consistency appeal
of the New York State Department of State's objection closed on June
23, 2025.
ADDRESSES: NOAA has provided access to publicly available materials and
related documents comprising the appeal record on the Federal
eRulemaking Portal, <a href="https://www.regulations.gov">https://www.regulations.gov</a>, under Docket Number
NOAA-HQ-2024-0152.
FOR FURTHER INFORMATION 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#ee8b83878297c0988f80c08a8f83ae80818f8fc0898198"><span class="__cf_email__" data-cfemail="90f5fdf9fce9bee6f1febef4f1fdd0fefff1f1bef7ffe6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. 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 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 Appellant bears the burden of
submitting evidence in support of his appeal and the burden of
persuasion. 15 CFR 930.127.
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).
After reviewing the decision record developed to date, the NOAA
Chief of Staff, performing the duties of Under Secretary of Commerce
for Oceans and Atmosphere and 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 State Department of State's
objection closed on June 23, 2025. No further information or briefs
will be considered in deciding this appeal.
II. Public Availability of Appeal Documents
NOAA has provided access to publicly available materials and
related documents comprising the appeal record on the Federal
eRulemaking Portal, <a href="https://www.regulations.gov">https://www.regulations.gov</a>, under Docket Number
NOAA-HQ-2024-0152.
(Authority: 15 CFR 930.130(a)(1))
Adam Dilts,
Chief, Oceans and Coasts Section, NOAA Office of the General Counsel.
[FR Doc. 2025-10838 Filed 6-20-25; 8:45 am]
BILLING CODE 3510-JE-P
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