Coastal Zone Management: Federal Consistency Appeal by Ricardo Ramirez From an Objection by the Puerto Rico Planning Board

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Coastal Zone Management: Federal Consistency Appeal by Ricardo

Ramirez From an Objection by the Puerto Rico Planning Board

AGENCY: National Oceanic and Atmospheric Administration, Commerce.

ACTION: Notice of appeal and request for comments.

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By letter dated April 6, 1999, Mr. Ricardo Ramirez (Appellant)

filed with the Secretary of Commerce a notice of appeal pursuant to

section 307(c)(3)(A) of the Coastal Zone Management Act. The appeal is

taken from an objection by the Puerto Rico Planning Board (PRPB) to the

Appellant's consistency certification for an Army Corps of Engineers

permit to reconstruct a stilt house of 47' by 42'. The proposed project

is located within the maritime-terrestrial zone, territorial waters and

submerged lands.

The CZMA provides that a timely objection by a state precludes any

federal agency from issuing licenses or permits for the activity unless

the Secretary finds that the activity is either ``consistent with the

objectives'' of the CZMA (Ground I) or ``necessary in the interest of

national security'' (Ground II). Section 307(c)(3)(A). To make such a

determination, the Secretary must find that the proposed project

satisfies the requirements of 15 C.F.R. 930.121 or 930.122.

The Appellant requests that the Secretary override the State's

consistency objections based on Ground I. To make the determination

that the proposed activity is ``consistent with the objectives'' of the

CZMA, the Secretary must find that: (1) the proposed activity furthers

one or more of the national objectives or purposes contained in

Sections 302 or 303 of the CZMA, (2) the adverse effects of the

proposed activity do not outweigh its contribution to the national

interest, (3) the proposed activity will not violate the Clean Air Act

or the Federal Water Pollution Control Act, and (4) no reasonable

alternative is available that would permit the activity to be conducted

in a manner consistent with the State's coastal management program. 15

C.F.R. 930.121.

Public comments are invited on the findings that the Secretary must

make as set forth in the regulations at 15 C.F.R. 930.121. Comments are

due within 30 days of the publication of this notice and should be sent

to Ms. Molly Holt, Attorney-Adviser, Office of the 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. Copies of comments will also be

forwarded to the Appellant and the State.

All nonconfidential documents submitted in this appeal are

available for public inspection during business hours at the offices of

the State and the Office of the Assistant General Counsel for Ocean

Services.

FOR ADDITIONAL INFORMATION CONTACT: Ms. Molly Holt, Attorney-Adviser,

Office of the 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, 301-713-

2967.

(Federal Domestic Assistance Catalog No. 11.419 Coastal Zone

Management Program Assistance.)

Dated: November 16, 1999.

Craig O'Connor,

General Counsel.

[FR Doc. 99-32250 Filed 12-13-99; 8:45 am]

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