[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Notices]
[Pages 23284-23285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10754]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Luz Torres DeRosa, Pedro Vidal, 
Frontera Colley and Fernando E. Otero Rodriguez From Objections by the 
Puerto Rico Planning Board

AGENCY: National Oceanic and Atmospheric Administration.

ACTION: Notice of appeals and request for comments.

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SUMMARY: Luz Torres DeRosa, Pedro Vidal, Frontera Colley and Fernando 
E. Otero Rodriguez (Appellants), filed with the Secretary of Commerce 
(Secretary) four separate notices 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 appeals are 
taken from objections by the Puerto Rico Planning Board (PRPB) to the 
Appellants' consistency certifications for U.S. Army Corps of 
Engineers' permits for the reconstruction of stilt houses. The proposed 
projects are located within the maritime-terrestrial zone, territorial 
waters and submerged lands.

DATES: Public comments on the appeals are due within 30 days of the 
publication of this notice.

ADDRESSES: Comments should be sent to Mary Elliott Rolle, 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. 
Public filings made by the parties to the appeals may be available at 
the NOAA Office of the Assistant General Counsel for Ocean Services and 
the Puerto Rico Planning Board, Minillas Government Center, North 
Building, De Diego Ave. Stop 22, San Juan, Puerto Rico 00940-1119.

FOR FURTHER INFORMATION CONTACT: Mary Elliott Rolle, 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 or at 301-
713-2967, extension 216.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeals

    Luz Torres DeRosa, Pedro Vidal, Frontera Colley and Fernando E. 
Otero Rodriguez (Appellants), filed with the Secretary of Commerce 
(Secretary) four separate notices 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 regulations 
have been revised as of January 8, 2000. These matters fall under the 
old regulations in place at the time of the filings of these appeals. 
The appeals are taken from objections by the Puerto Rico Planning Board 
(PRPB) to the Appellants' consistency certifications for U.S. Army 
Corps of Engineers' permits for the reconstruction of stilt houses. The 
proposed projects are 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 an 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 Appellants request that the Secretary override the Board's 
consistency objections based on Ground I. To make the determination 
that a 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 competing national objectives or purposes contained 
in section 302 or 303 of the CZMA; (2) the national interest furthered 
by the proposed activity outweighs the activity's adverse coastal 
effects, when those effects are considered separately or cumulatively; 
(3) the activity will not violate any requirements of the Clean Air 
Act, as amended, or the Federal Water Pollution Control Act, as 
amended; and (4) no reasonable alternative is available that would 
permit the proposed activity to be conducted in a manner consistent 
with the enforceable policies of Puerto Rico's coastal zone management 
program. See 15 CFR 930.121.

II. Public Comments

    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 Mary Elliott Rolle, Attorney-Adviser, Office of the Assistant 
General Counsel for Ocean

[[Page 23285]]

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.

III. Appeal Documents

    All nonconfidential documents submitted in this appeal are 
available for public inspection during business hours at the NOAA 
Office of the Assistant General Counsel for Ocean Services and the 
Puerto Rico Planning Board.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.)

    Dated: April 23, 2003.
James R. Walpole,
General Counsel.
[FR Doc. 03-10754 Filed 4-30-03; 8:45 am]
BILLING CODE 3510-08-M