[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Page 56964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23610]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Federal Consistency Appeal to the Objection of a
Proposed Project in Gu[aacute]nica, Puerto Rico
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of appeal.
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SUMMARY: This announcement provides public notice that Louis Charles
Rose (Appellant) has filed an administrative appeal under the Coastal
Zone Management Act (CZMA), 16 U.S.C. 1451 et seq. asking the Secretary
of Commerce (Secretary) to override an objection by the Puerto Rico
Planning Board (Board) to the proposed construction of a private deck
in Gu[aacute]nica, Puerto Rico.
DATES: Written comments and requests for public hearing will be
considered if received no later than October 21, 2015.
ADDRESSES: You may submit written comments or requests for a public
hearing to NOAA, Office of the General Counsel for Ocean Services,
Attn. Gladys Miles, 1305 East-West Highway, Room 6111, Silver Spring,
MD 20910, or via email to [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On August 20, 2015, Louis Charles Rose filed notice of an appeal
with the Secretary pursuant to the Coastal Zone Management Act (CZMA),
16 U.S.C. 1451 et seq., and regulations at 15 CFR part 930, subpart H.
Appellant appealed an objection by the Puerto Rico Planning Board
(Board) to a consistency certification for a U.S. Army Corps of
Engineers permit necessary for the proposed construction of a private
deck off the coast of Gu[aacute]nica, Puerto Rico.
Under the CZMA, the Secretary may override the Board'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 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.
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 activity is not permitted to go forward
as proposed. 15 CFR 930.122.
II. Request for Public and Federal Agency Comments
Pursuant to Department of Commerce regulations, the public and
interested federal agencies may submit written comments on this appeal.
All comments received will be made 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. Opportunity for Public Hearing
Pursuant to Department of Commerce regulations, the Secretary may
hold a public hearing on this appeal, either in response to a written
request for a public hearing or upon his/her own initiative. A written
request for a public hearing must include an explanation why you
believe a public hearing would be beneficial and aid the decision-
maker. If a hearing is held, advance notice of the time, date, and
location will be published in the Federal Register. The Secretary will
also reopen the public and Federal agency comment period for a 10-day
period following the hearing to allow for additional input.
IV. Public Availability of Appeal Documents and Decisions
Materials and related documents comprising the appeal record will
be publicly available during business hours, at the NOAA, Office of the
General Counsel in the location specified in the ADDRESSES section of
this notice. Past CZMA consistency appeal decisions may also be viewed
by visiting: http://coast.noaa.gov/czm/consistency/appeals/fcappealdecisions/.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone
Management Program Assistance.]
Dated: September 14, 2015.
Jeffrey S. Dillen,
Acting Chief, Oceans & Coasts Section, NOAA Office of the General
Counsel.
[FR Doc. 2015-23610 Filed 9-18-15; 8:45 am]
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