[Federal Register Volume 60, Number 81 (Thursday, April 27, 1995)]
[Notices]
[Page 20673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10335]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration


Coastal Zone Management: Federal Consistency Appeal by Vieques 
Marine Laboratories From an Objection by the Commonwealth of Puerto 
Rico

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Notice of appeal and request for comments.

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    Mr. Charles R. Connelly, on behalf of the Vieques Marine 
Laboratories, Inc. (Appellant), filed with the Secretary of Commerce 
(Secretary) a notice of appeal pursuant to section 307(c)(3)(A) of the 
Coastal Zone Management Act of 1972 (CZMA), as amended, 16 U.S.C. 1451 
et seq., and the Department of Commerce's implementing regulations, 15 
CFR part 930, subpart H. The appeal is taken from an objection by the 
Puerto Rico Planning Board (PRPB) to the Appellant's proposal to 
develop a mariculture shrimp farm in Puerto Ferro, Vieques, Puerto 
Rico. The proposed project site is located in one of the critical 
coastal wildlife areas of Puerto Rico. The Appellant has certified that 
the project, for which a U.S. Army Corps of Engineers permit must be 
obtained, is consistent with Puerto Rico's coastal management program 
(CMP).
    The CZMA provides that a timely objection by a state, (including 
Puerto Rico), 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 CFR 930.121 
or 930.122.
    The Appellant requests that the Secretary override the PRPB's 
consistency objections based on Grounds I and II. 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 section 302 or section 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 Puerto Rico's 
CMP. 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.
    Public comments are invited on the findings that the Secretary must 
make as set forth in the regulations at 15 CFR 930.121. Comments are 
due within 30 days of the publication of this notice and should be sent 
to Ms. Pamela B. Lawrence, 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 PRPB.
    All nonconfidential documents submitted in this appeal are 
available for public inspection during business hours at the offices of 
the PRPB and the Office of the Assistant General Counsel for Ocean 
Services.

FOR ADDITIONAL INFORMATION CONTACT:Ms. Pamela B. Lawrence, 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.

    Dated: April 20, 1995.
Terry D. Garcia,
General Counsel.
(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance)
[FR Doc. 95-10335 Filed 4-26-95; 8:45 am]
BILLING CODE 3510-08-M