[Federal Register Volume 65, Number 222 (Thursday, November 16, 2000)]
[Notices]
[Pages 69286-69287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29388]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


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

ACTION: Dismissal of appeal.

-----------------------------------------------------------------------

    By letter dated April 6, 1999, 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 CZMA provides that a timely objection by a state (including 
Puerto Rico) to a consistency certification 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 project satisfies the 
requirements of 15 CFR 930.121 or 930.122. Generally, the Appellant has 
the burden of submitting evidence in support of his appeal and the 
burden of persuasion under both Grounds I and II.
    The Federal regulations implementing the CZMA provide, in part, 
that the Secretary may dismiss an appeal for failure of the Appellant 
to base the appeal on Grounds I or II.
    In light of Appellant's failure to describe the way in which the 
proposed activity is either (1) consistent with the objectives or 
purposes of the CZMA or (2) necessary in the interest of national 
security, the appeal has been dismissed. The Appellant is barred from 
filing

[[Page 69287]]

another appeal from the Puerto Rico Planning Board's objection to his 
original consistency certification. This is a final agency action for 
purposes of judicial review.

FOR ADDITIONAL INFORMATION CONTACT: Ms. Mary Gray 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 2, 2000.
Craig O'Connor,
Acting General Counsel.
[FR Doc. 00-29388 Filed 11-15-00; 8:45 am]
BILLING CODE 3510-08-M