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7 July 2008
[Federal Register: July 7, 2008 (Volume 73, Number 130)]
[Notices]
[Page 38400]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy08-42]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Federal Consistency Appeal by Broadwater Energy LLC and
Broadwater Pipeline LLC
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of Appeal.
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SUMMARY: This announcement provides notice that Broadwater Energy LLC
and Broadwater Pipeline LLC (collectively, Broadwater), have filed an
administrative appeal with the Department of Commerce (Department),
asking that the Department override an objection by the New York State
Department of State (New York). New York objects to Broadwater's
proposal to construct and operate a floating liquefied natural gas
(LNG) terminal and associated pipeline, that would be located in the
New York waters of Long Island Sound.
ADDRESSES: Materials from the appeal record will be available at the
NOAA Office of General Counsel for Ocean Services, 1305 East-West
Highway, Room 6111, Silver Spring, MD 20910 and on the following Web
site: http://www.ogc.doc.gov/czma.htm.
FOR FURTHER INFORMATION CONTACT: Ted Beuttler, Attorney-Advisor, NOAA
Office of the General Counsel, 301-713-7383.
SUPPLEMENTARY INFORMATION:
I. Notice of Appeal
On June 6, 2008, Broadwater filed notice of an appeal with the
Department, 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. Broadwater appealed an objection by New York to
Broadwater's proposal to construct and operate a floating LNG terminal
and associated pipeline, that would be located in the New York waters
of Long Island Sound.
Under the CZMA, the Department may override New York'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.
II. Appeal Documents
NOAA intends to provide the public with access to all publicly
available materials and related documents comprising the appeal record
during business hours, at the NOAA Office of General Counsel for Ocean
Services. For additional information about this appeal, please contact
Ted Beuttler, 301-713-7383.
Dated: July 2, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services, NOAA.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance.]
[FR Doc. E8-15468 Filed 7-3-08; 8:45 am]
BILLING CODE 3510-08-P