[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Page 69742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32250]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Coastal Zone Management: Federal Consistency Appeal by Ricardo
Ramirez From an Objection by the Puerto Rico Planning Board
AGENCY: National Oceanic and Atmospheric Administration, Commerce.
ACTION: Notice of appeal and request for comments.
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By letter dated April 6, 1999, Mr. Ricardo Ramirez (Appellant)
filed with the Secretary of Commerce a notice of appeal pursuant to
section 307(c)(3)(A) of the Coastal Zone Management Act. The appeal is
taken from an objection by the Puerto Rico Planning Board (PRPB) to the
Appellant's consistency certification for an Army Corps of Engineers
permit to reconstruct a stilt house of 47' by 42'. The proposed project
is located within the maritime-terrestrial zone, territorial waters and
submerged lands.
The CZMA provides that a timely objection by a state precludes any
federal agency from issuing licenses or permits for the activity unless
the Secretary finds that the activity is either ``consistent with the
objectives'' of the CZMA (Ground I) or ``necessary in the interest of
national security'' (Ground II). Section 307(c)(3)(A). To make such a
determination, the Secretary must find that the proposed project
satisfies the requirements of 15 C.F.R. 930.121 or 930.122.
The Appellant requests that the Secretary override the State's
consistency objections based on Ground I. To make the determination
that the proposed activity is ``consistent with the objectives'' of the
CZMA, the Secretary must find that: (1) the proposed activity furthers
one or more of the national objectives or purposes contained in
Sections 302 or 303 of the CZMA, (2) the adverse effects of the
proposed activity do not outweigh its contribution to the national
interest, (3) the proposed activity will not violate the Clean Air Act
or the Federal Water Pollution Control Act, and (4) no reasonable
alternative is available that would permit the activity to be conducted
in a manner consistent with the State's coastal management program. 15
C.F.R. 930.121.
Public comments are invited on the findings that the Secretary must
make as set forth in the regulations at 15 C.F.R. 930.121. Comments are
due within 30 days of the publication of this notice and should be sent
to Ms. Molly Holt, Attorney-Adviser, Office of the Assistant General
Counsel for Ocean Services, National Oceanic and Atmospheric
Administration, U.S. Department of Commerce, 1305 East-West Highway,
Room 6111, Silver Spring, MD 20910. Copies of comments will also be
forwarded to the Appellant and the State.
All nonconfidential documents submitted in this appeal are
available for public inspection during business hours at the offices of
the State and the Office of the Assistant General Counsel for Ocean
Services.
FOR ADDITIONAL INFORMATION CONTACT: Ms. Molly Holt, Attorney-Adviser,
Office of the Assistant General Counsel for Ocean Services, National
Oceanic and Atmospheric Administration, U.S. Department of Commerce,
1305 East-West Highway, Room 6111, Silver Spring, MD 20910, 301-713-
2967.
(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance.)
Dated: November 16, 1999.
Craig O'Connor,
General Counsel.
[FR Doc. 99-32250 Filed 12-13-99; 8:45 am]
BILLING CODE 3510-08-M
