[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Notices]
[Pages 15688-15689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6893]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Coastal Zone Management: Federal Consistency Appeal by John T. 
Keegan From an Objection by the Puerto Rico Planning Board

AGENCY: National Oceanic and Atmospheric Administration.

ACTION: Notice of Appeal and Request for Comments.

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    By letter dated October 26, 1999, John T. Keegan (Appellant) filed 
with the Secretary of Commerce a notice of appeal pursuant to section 
307(c)(3)(A) of the Coastal Zone Management Act (CZMA). The appeal is 
taken from an objection by the Puerto Rico Planning Board (PRPB) to 
Appellant's consistency certification for a permit to install 50 helix-
screw anchor moorings at Guanica Bay, Guanica, Puerto Rico. The purpose 
of the project, as stated in Appellant's application, is to provide 
moorings to boat owners for storm protection during hurricane season. 
The PRPB's concerns, as stated in the Board's objection letter, include 
the potential for (1) increases in watercraft collisions with 
endangered manatees; (2) water quality deterioration

[[Page 15689]]

in the area of the mooring buoys, owing to the possibility of the area 
becoming a ``mini-marina'' without sanitary facilities; and (3) 
interference with public access to the vicinity for fisherman.
    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 CFR 930.121 or 930.122. 15 CFR part 
930, subpart H has been revised effective January 8, 2001. This appeal 
is being processed according to the regulations in effect at the time 
of Appellant's notice.
    The Appellant requests that the Secretary override the State's 
consistency objections based on either Ground I or Ground 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 Secs. 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 CFR 930.121. The term ``necessary in the interest of 
national security'' describes a Federal license or permit activity, or 
a Federal assistance activity which, although inconsistent with a 
State's management program, is found by the Secretary to be permissible 
because a national defense or other national security interest would be 
significantly impaired if the activity were 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. Suzanne Bass, 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 FURTHER INFORMATION CONTACT: Ms. Suzanne Bass, 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: March 13, 2001.
Craig O'Connor,
Acting General Counsel.
[FR Doc. 01-6893 Filed 3-19-01; 8:45 am]
BILLING CODE 3510-08-M