[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Notices]
[Pages 42650-42651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20318]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Villa Marina Yacht Harbour, Inc.

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

ACTION: Notice of appeal.

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SUMMARY: This announcement provides notice that Villa Marina Yacht 
Harbour, Inc. (Villa Marina) has filed an administrative appeal with 
the Department of Commerce requesting that the Secretary override the 
Puerto Rico Planning Board's (PRPB) objection to the proposed expansion 
of an existing marina in Fajardo, Puerto Rico.

DATES: Comments must be sent to the NOAA, Office of the General Counsel 
for Ocean postmarked or e-mailed no later than September 30, 2009. 
Requests for a public hearing must be filed within 30 days of 
publication of this notice.

ADDRESSES: Materials from the appeal record will be available at the 
NOAA, Office of the General Counsel for Ocean Services, 1305 East-West 
Highway, Room 6111, Silver Spring, MD 20910 and on the following Web 
site: http://www.ogc.doc.gov/czma.htm.

FOR FURTHER INFORMATION CONTACT: Gladys P. Miles, Attorney-Advisor, 
NOAA, Office of the General Counsel, 301-713-7384 or at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    Villa Marina has filed notice of an appeal with the Secretary of 
Commerce (Secretary), 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 appeal is taken from an objection by 
PRPB to Villa Marina's consistency certification for a U.S. Army Corps 
of Engineers permit for a marina expansion in Fajardo, Puerto Rico.
    Under the CZMA, the Secretary may override PRPB's objection on 
grounds that the proposed activity is consistent with the objectives or 
purposes of the CZMA or otherwise necessary in the interest of national 
security. To make the determination that the proposed activity is 
``consistent with the objectives or purposes'' of the CZMA, the 
Secretary must find that: (1) The proposed activity furthers the 
national interest as articulated in sections 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 the PRPB's coastal management program. 15 CFR 930.121. 
Conversely, to make the determination that the proposed activity is 
``necessary in the interest of national security,'' the Secretary must 
find that a national defense or other national security interest would 
be significantly impaired were the activity not permitted to go forward 
as proposed. 15 CFR 930.122.

II. Opportunity for Federal Agency and Public Comment

    Pursuant to Department of Commerce regulations, the public and 
interested Federal agencies may submit comments on this appeal. Written 
comments must be sent no later than September 30, 2009 to the NOAA, 
Office of the General Counsel for Ocean Services, 1305 East-West 
Highway, Room 6111, Silver Spring, MD 20910 or via e-mail to 
[email protected].

[[Page 42651]]

III. Opportunity for a Public Hearing

    Pursuant to Department of Commerce regulations, the Secretary may 
hold a public hearing on this appeal, either in response to a request 
for a public hearing or upon his own initiative. A request for a public 
hearing must be filed with the Secretary within 30 days of the 
publication of this notice in the Federal Register. If a hearing is 
held, it shall be noticed in the Federal Register, and the Secretary 
shall reopen the public and Federal agency comment period for a 10-day 
period following the hearing. Requests for a public hearing must be 
sent to the NOAA, Office of the General Counsel for Ocean Services, 
1305 East-West Highway, Room 6111, Silver Spring, MD 20910 or via e-
mail to [email protected].

IV. Appeal Documents

    NOAA intends to provide the public with access to all publicly 
available materials and related documents comprising the appeal record 
on the following Web site: http://www.ogc.doc.gov/czma.htm; and during 
business hours, at the NOAA, Office of the General Counsel for Ocean 
Services. For additional information concerning this appeal, please 
contact Gladys P. Miles, Attorney-Advisor, NOAA, Office of the General 
Counsel, 301-713-7393 or [email protected].

    Dated: August 19, 2009.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services.
    [Federal Domestic Assistance Catalog No. {XX.XXX{time}  Coastal 
Zone Management Program Assistance.]
[FR Doc. E9-20318 Filed 8-21-09; 8:45 am]
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