[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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