[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Notices]
[Pages 13989-13990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05420]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Cangrejos Yacht Club Federal Consistency Appeal
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of appeal.
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[[Page 13990]]
SUMMARY: This announcement provides notice that Cangrejos Yacht Club
(CYC), has filed an administrative appeal with the Department of
Commerce (Department), requesting that the Secretary override an
objection by the Puerto Rico Planning Board (PRPB) to the proposed
dredging project in the Boca de Cangrejos Channel in Carolina, Puerto
Rico.
ADDRESSES and DATES: You may submit written comments concerning this
appeal or requests for a public hearing to NOAA, Office of General
Counsel, Oceans and Coasts Section, Attn. Suzanne Bass, 1305 East-West
Highway, Room 6111, Silver Spring, MD 20910, or via email to
[email protected]. Comments or requests for a public hearing must
be sent in writing postmarked or emailed no later than April 11, 2014.
SUPPLEMENTARY INFORMATION:
I. Notice of Appeal
On January 2, 2014, Pedro J. Bonilla, representing Cangrejos Yacht
Club (CYC), filed notice of an appeal with the Secretary of Commerce
(Secretary), 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. The appeal is taken from an objection by
the Puerto Rico Planning Board (PRPB) to the proposed dredging project
in the Boca de Cangrejos Channel in Carolina, Puerto Rico.
Under the CZMA, the Secretary may override the PRPB'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.
Conversely, 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 activity not permitted to go forward
as proposed. 15 CFR 930.122. The Secretary may also, to promote
efficient use of time and resources, first require the appellant and
the State agency to submit briefs and supporting materials relevant
only to procedural or jurisdictional issues. 15 CFR 930.127(e)(2).
II. 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. All comments received are
a part of the public record. All personal identifying information
(e.g., name, address, etc.), confidential business information, or
otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible.
III. Public Hearing Request
You may submit a request for a public hearing using one of the
methods specified in the ADDRESSES section of this notice. In your
request, explain why you believe a public hearing would be beneficial.
If we determine that a public hearing would aid the decisionmaker, a
notice announcing the date, time, 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 ten-day period
following the conclusion of the public hearing to allow for additional
input.
IV. Public Availability of Appeal Documents
NOAA intends to provide access to publicly available materials and
related documents comprising the appeal record on the following Web
site: http://coastalmanagement.noaa.gov/consistency/fcappealdecisions.html; and during business hours, at the NOAA, Office
of General Counsel in the location specified in the ADDRESSES and DATES
section of this notice.
Dated: March 7, 2014.
Jeff Dillen,
Acting Section Chief, Oceans and Coasts Section, NOAA Office of General
Counsel.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance.]
[FR Doc. 2014-05420 Filed 3-11-14; 8:45 am]
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