[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Notices]
[Page 58288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23091]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Consistency Certification for a Proposed Project in Sterling, New
York; Notice of Appeal
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of Appeal
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SUMMARY: This announcement provides notice that the Department of
Commerce (Department) has received a ``Notice of Appeal'' filed by Mark
Smolinski (Appellant) requesting that the Secretary override an
objection by the New York Department of State to a consistency
certification for a proposed project in Sterling, New York.
Addresses and Dates: You may submit written comments concerning
this appeal or requests for a public hearing to NOAA, Office of General
Counsel, Oceans and Coasts Section, Attn. Gladys Miles, 1305 East-West
Highway, Room 6111, Silver Spring, MD 20910, or via email to
[email protected]. Comments or requests for a public hearing must
be sent in writing postmarked or emailed no later than October 23,
2013.
SUPPLEMENTARY INFORMATION:
I. Notice of Appeal
On August 22, 2013, the Secretary of Commerce (Secretary) received
a ``Notice of Appeal'' filed by Mark Smolinski, 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
appeal is taken from an objection by the New York Department of State
to a consistency certification for a U.S. Army Corps of Engineer permit
needed for the installation of a solar panel array onto an existing
dock located in Sterling, New York. The solar array would provide
energy to a private residence.
Under the CZMA, the Secretary may override the 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 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 adverse
effects of the proposed activity do not outweigh its contribution to
the national interest, when those effects are considered separately or
cumulatively; and (3) no reasonable alternative is available that would
permit the activity to be conducted in a manner consistent with
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 activity is not permitted to go
forward as proposed. 15 CFR 930.122.
II. 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. All comments received are
a part of the public record. All personal identifying information
(e.g., name, address, etc.), confidential business information, or
otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible.
III. Public Hearing Request
You may submit a request for a public hearing using one of the
methods specified in the Addresses and Dates section of this notice. In
your request, explain why you believe a public hearing would be
beneficial. If we determine that a public hearing would aid the
decisionmaker, a notice announcing the date, time, 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 ten-day
period following the conclusion of the public hearing to allow for
additional input.
IV. Public Availability of Appeal Documents
NOAA intends to provide access to publicly available materials and
related documents comprising the appeal record on the following Web
site: http://coastalmanagement.noaa.gov/consistency/fcappealdecisions.html; and during business hours, at the NOAA, Office
of General Counsel in the location specified in the Addresses and Dates
section of this notice.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance.]
Dated: September 18, 2013.
Jeffrey S. Dillen,
Acting Chief, Oceans & Coasts Section, NOAA Office of General Counsel.
[FR Doc. 2013-23091 Filed 9-20-13; 8:45 am]
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