[Federal Register Volume 70, Number 173 (Thursday, September 8, 2005)]
[Notices]
[Page 53347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17828]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Irizarry Garcia From an Objection 
by the Puerto Rico Planning Board

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (Commerce).

ACTION: Notice of appeal and request for comments.

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SUMMARY: This announcement provides notice that Irizarry Garcia has 
filed an administrative appeal with the Department of Commerce asking 
that the Secretary override the Puerto Rico Planning Board's objection 
to a consistency certification prepared in conjunction with the 
proposed reconstruction of a private pier.

DATES: Public and Federal agency comments on the appeal are due within 
30 days of the publication of this notice.

ADDRESSES: All e-mail comments on issues relevant to the Secretary's 
decision in this appeal may be submitted to [email protected]. 
Comments may also be sent by mail to Jennifer Nist, Deputy 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. Materials from the appeal record 
will be available at the NOAA Office of the General Counsel for Ocean 
Services. In addition, public filings made by the parties to the appeal 
will be available at the offices of the Puerto Rico Planning Board.

FOR FURTHER INFORMATION CONTACT: Jennifer Nist, Deputy Assistant 
General Counsel for Ocean Services, NOAA Office of the General Counsel, 
301-713-2967.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    Irizarry Garcia has filed a notice of appeal with the Secretary of 
Commerce pursuant to the Coastal Zone Management Act of 1972 (CZMA), 16 
U.S.C. 1451 et seq., and implementing regulations found at 15 CFR part 
930, Subpart H. Mr. Garcia appealed an objection raised by the Puerto 
Rico Planning Board to a consistency certification contained within his 
application to the U.S. Army Corps of Engineers for a permit necessary 
to reconstruct a private pier. The Appellant requests that the 
Secretary override the State's consistency objection on the basis that 
the proposed activity is ``consistent with the objectives'' of the 
CZMA. To make this determination, the Secretary must find that: (1) The 
proposed activity furthers the national interest as articulated in 
section 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 Puerto Rico's 
management program. 15 CFR 930.121.

II. Public and Federal Agency Comments

    Written public comments are invited on any of the issues that the 
Secretary must consider in deciding this appeal. Comments must be 
received within 30 days of the publication of this notice, and may be 
submitted by e-mail to [email protected]. Comments may also be 
sent to Jennifer Nist, Deputy Assistant General Counsel for Ocean 
Services, NOAA Office of the General Counsel, National Oceanic and 
Atmospheric Administration, U.S. Department of Commerce, 1305 East-West 
Highway, Room 6111, Silver Spring, MD 20910. Comments will be made 
available to the Appellant and the State.

III. Appeal Documents

    NOAA intends to provide the public with access to all materials and 
related documents comprising the appeal record during business hours, 
at the NOAA Office of the General Counsel for Ocean Services. In 
addition, copies of public filings by the parties will be available for 
review at the offices of the Puerto Rico Planning Board.
    For additional information about this appeal contact Jennifer Nist, 
301-713-2967.

    Dated: August 30, 2005.
Jane H. Chalmers,
General Counsel.
[FR Doc. 05-17828 Filed 9-7-05; 8:45 am]
BILLING CODE 3510-08-M