[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61789-61790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21384]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Puerto Rico Highway and 
Transportation Authority 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 the Puerto Rico Highway 
and Transportation Authority has filed an administrative appeal with 
the Department of Commerce asking that the Secretary override the 
Puerto Rico

[[Page 61790]]

Planning Board's objection to a consistency certification prepared in 
conjunction with the proposed reconstruction of a stone revetment and 
replacement of a bridge at Aguadilla Bay.

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 Brett 
Grosko, Attorney-Adviser, Office of the 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 Oceanic Services. In 
addition, public filings made by the parties to the appeal will be 
available at the office of the Puerto Rico Planning Board.

FOR FURTHER INFORMATION CONTACT: Brett Grosko, Attorney-Adviser, NOAA 
Office of the General Counsel, 301-713-7384.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    The Puerto Rico Highway and Transportation Authority (PRHTA) 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. The PRHTA 
appealed an objection raised by the Puerto Rico Planning Board to a 
consistency certification contained within its application to the U.S. 
Army Corps of Engineers for a permit necessary to reconstruct a stone 
revetment and replace a bridge at Aguadilla Bay.
    The Appellant requests that the Secretary override the Puerto Rico 
Planning Board'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. The Appellant also requests that 
the Secretary override the Puerto Rico Planning Board's consistency 
objection on the basis that the proposed activity is necessary in the 
interest of national security. To reach this conclusion, the Secretary 
must find that a national defense or other national security interest 
would be significantly impaired were the activity in question not 
permitted to go forward as proposed. 15 CFR 930.122.

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 Brett Grosko, Attorney-Adviser, NOAA Office of the 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. Comments will be made available to 
the PRHTA and the Puerto Rico Planning Board.

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 Brett Grosko, 
301-713-7384.

    Dated: October 19, 2005.
James R. Walpole,
General Counsel.

[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone Management 
Program Assistance.]

[FR Doc. 05-21384 Filed 10-25-05; 8:45 am]
BILLING CODE 3510-08-M