[Federal Register: September 26, 2007 (Volume 72, Number 186)]
[Notices]               
[Page 54642-54643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se07-46]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 
Federal Consistency Appeal by Weaver's Cove Energy, LLC

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (Commerce).

ACTION: Notice of appeal.

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SUMMARY: This announcement provides notice that Weaver's Cove Energy, 
LLC (Weaver's Cove) has filed an administrative appeal with the 
Department of Commerce asking that the Secretary override the 
Commonwealth of Massachusetts objection to Weaver's Cove's proposed 
liquefied natural gas terminal in Fall River, Massachusetts.

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: Brett Grosko, Attorney-Advisor, NOAA 
Office of the General Counsel, 301-713-7384.

SUPPLEMENTARY INFORMATION: 

I. Notice of Appeal

    Weaver's Cove Energy, LLC (Weaver's Cove) filed a notice of appeal 
with the Secretary of Commerce 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. Weaver's Cove appealed 
an objection raised by the Commonwealth of Massachusetts, relative to 
the proposed construction of a liquefied natural gas terminal in Fall 
River, Massachusetts.
    Under the CZMA, the Secretary may override Massachusetts' objection 
on grounds that the project is consistent with the objectives or 
purposes of the CZMA, or 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 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

[[Page 54643]]

conducted in a manner consistent with enforceable policies of 
Massachusetts' 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 
were the proposed activity not permitted to go forward as proposed. 15 
CFR 930.122.

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 contact Brett Grosko, 
301-713-7384.

    [Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]

    Dated: September 21, 2007.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
[FR Doc. E7-19049 Filed 9-25-07; 8:45 am]

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