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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 [www.gpo.gov]
[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 
www.regulations.gov, under docket number NOAA-HQ-2024-0152.
    Comments or requests for a public hearing must be submitted via the 
following method:
     Electronic Submission: Submit all electronic public 
comments or requests for a public hearing via the Federal eRulemaking 
portal. Go to www.regulations.gov 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, [email protected].

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 www.regulations.gov 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: www.regulations.gov, 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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