C.F.R. » Title 15 » CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › SUBCHAPTER B—OCEAN AND COASTAL RESOURCE MANAGEMENT › PART 930—FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS › Subpart H—Appeal to the Secretary for Review Related to the Objectives of the Act and National Security Interests

15 C.F.R. § 930.122

Necessary in the interest of national security

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A federal license or permit activity, or a federal assistance activity, is “necessary in the interest of national security” if a national defense or other national security interest would be significantly impaired were the activity not permitted to go forward as proposed. Secretarial review of national security issues shall be aided by information submitted by the Department of Defense or other interested Federal agencies. The views of such agencies, while not binding, shall be given considerable weight by the Secretary. The Secretary will seek information to determine whether the objected-to activity directly supports national defense or other essential national security objectives.

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Millennium Pipeline Co., LP v. Gutierrez, 424 F. Supp. 2d 168 (D.D.C. 2006).
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Millennium Pipeline Co., LP v. Gutierrez, 424 F. Supp. 2d 168 (D.D.C. 2006). · cites it 3× “” 15 C.F.R. § 930.122 . Plaintiff claims that the Secretary had no authority to alter the statutory standard — “necessary in the interest of national security” — by requiring “a specific and significant impairment” of national security interests “if the pipeline were not…”
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