[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Page 8919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4076]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by Pan American Grain Co.

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

ACTION: Notice of Appeal.

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SUMMARY: This announcement provides notice that Pan American Grain Co., 
has filed an administrative appeal with the Department of Commerce 
(Department), requesting that the Secretary override an objection by 
the Puerto Rico Planning Board (Board) to the proposed improvement of 
port facilities located in San Juan Bay, Puerto Rico.

DATES: Comments regarding this appeal or requests for a public hearing 
must be sent in writing to the NOAA, Office of General Counsel for 
Ocean Services postmarked or e-mailed no later than March 29, 2010.

ADDRESSES: Materials from the appeal record will be available at the 
NOAA, Office of 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 General Counsel, 301-713-7384, or at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    On January 27, 2010, Pan American Grain Co. 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 the Board to Pan American's 
consistency certification for proposed improvements to its port 
facilities located in San Juan Bay, Puerto Rico.
    Under the CZMA, the Secretary may override Alabama's objection on 
grounds that the project 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 
Department 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 applicable 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 March 29, 2010 to the attention of 
Gladys P. Miles, NOAA, Office of General Counsel for Ocean Services, 
1305 East-West Highway, Room 6111, Silver Spring, MD 20910 or via e-
mail to [email protected].

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 at the Secretary's own initiative. If a public 
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 hearings. Written requests for a public 
hearing must be sent no later than March 29, 2010 to the attention of 
Gladys P. Miles, NOAA, Office of 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 General Counsel for Ocean 
Services. For additional information concerning this appeal, please 
contact Gladys P. Miles, NOAA, Office of General Counsel for Ocean 
Services, 301-713-7384 or [email protected].

    Dated: February 23, 2010.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services, NOAA.
[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance.]
[FR Doc. 2010-4076 Filed 2-25-10; 8:45 am]
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