[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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