[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Notices]
[Page 56964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23610]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Federal Consistency Appeal to the Objection of a 
Proposed Project in Gu[aacute]nica, Puerto Rico

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

ACTION: Notice of appeal.

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SUMMARY: This announcement provides public notice that Louis Charles 
Rose (Appellant) has filed an administrative appeal under the Coastal 
Zone Management Act (CZMA), 16 U.S.C. 1451 et seq. asking the Secretary 
of Commerce (Secretary) to override an objection by the Puerto Rico 
Planning Board (Board) to the proposed construction of a private deck 
in Gu[aacute]nica, Puerto Rico.

DATES: Written comments and requests for public hearing will be 
considered if received no later than October 21, 2015.

ADDRESSES: You may submit written comments or requests for a public 
hearing to NOAA, Office of the General Counsel for Ocean Services, 
Attn. Gladys Miles, 1305 East-West Highway, Room 6111, Silver Spring, 
MD 20910, or via email to [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 20, 2015, Louis Charles Rose filed notice of an appeal 
with the Secretary pursuant to the Coastal Zone Management Act (CZMA), 
16 U.S.C. 1451 et seq., and regulations at 15 CFR part 930, subpart H. 
Appellant appealed an objection by the Puerto Rico Planning Board 
(Board) to a consistency certification for a U.S. Army Corps of 
Engineers permit necessary for the proposed construction of a private 
deck off the coast of Gu[aacute]nica, Puerto Rico.
    Under the CZMA, the Secretary may override the Board'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 
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 applicable coastal management program. 15 CFR 930.121. 
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 if the activity is not permitted to go forward 
as proposed. 15 CFR 930.122.

II. Request for Public and Federal Agency Comments

    Pursuant to Department of Commerce regulations, the public and 
interested federal agencies may submit written comments on this appeal. 
All comments received will be made part of the public record. All 
personal identifying information (e.g., name, address, etc.), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible.

III. Opportunity for Public Hearing

    Pursuant to Department of Commerce regulations, the Secretary may 
hold a public hearing on this appeal, either in response to a written 
request for a public hearing or upon his/her own initiative. A written 
request for a public hearing must include an explanation why you 
believe a public hearing would be beneficial and aid the decision-
maker. If a hearing is held, advance notice of the time, date, and 
location will be published in the Federal Register. The Secretary will 
also reopen the public and Federal agency comment period for a 10-day 
period following the hearing to allow for additional input.

IV. Public Availability of Appeal Documents and Decisions

    Materials and related documents comprising the appeal record will 
be publicly available during business hours, at the NOAA, Office of the 
General Counsel in the location specified in the ADDRESSES section of 
this notice. Past CZMA consistency appeal decisions may also be viewed 
by visiting: http://coast.noaa.gov/czm/consistency/appeals/fcappealdecisions/.

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

     Dated: September 14, 2015.
Jeffrey S. Dillen,
Acting Chief, Oceans & Coasts Section, NOAA Office of the General 
Counsel.
[FR Doc. 2015-23610 Filed 9-18-15; 8:45 am]
 BILLING CODE 3510-22-P