81 FR 89887 - Proposed Amendment to the Puerto Rico Coastal Zone Management Program

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 239 (December 13, 2016)

The National Oceanic and Atmospheric Administration's (NOAA) Office for Coastal Management is requesting comments on the preliminary findings and draft environmental assessment for a request from the Commonwealth of Puerto Rico for approval of amendments to the Puerto Rico Coastal Zone Management Program (PRCZMP). NOAA has determined that the amendments to the PRCZMP do not meet the requirements for approval. This determination is subject to change depending on public comments and further information that may be submitted by the Commonwealth. As part of its review of the amendments, NOAA developed a draft environmental assessment pursuant to the requirements of the National Environmental Policy Act for which comments are also requested.

[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Proposed Rules]
[Pages 89887-89888]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29842]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 923


Proposed Amendment to the Puerto Rico Coastal Zone Management 
Program

AGENCY: National Oceanic and Atmospheric Administration (NOAA), Office 
for Coastal Management, National Ocean Service, Department of Commerce.

ACTION: Request for Comments on preliminary findings and draft EA.

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SUMMARY: The National Oceanic and Atmospheric Administration's (NOAA) 
Office for Coastal Management is requesting comments on the preliminary 
findings and draft environmental assessment for a request from the 
Commonwealth of Puerto Rico for approval of amendments to the Puerto 
Rico Coastal Zone Management Program (PRCZMP). NOAA has determined that 
the amendments to the PRCZMP do not meet the requirements for approval. 
This determination is subject to change depending on public comments 
and further information that may be submitted by the Commonwealth. As 
part of its review of the amendments, NOAA developed a draft 
environmental assessment pursuant to the requirements of the National 
Environmental Policy Act for which comments are also requested.

DATES: Comments on the preliminary findings and draft environmental 
assessment must be received by February 13, 2017.

ADDRESSES: You may submit comments on the preliminary findings and/or 
draft environmental assessment by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit a comment, go to the docket for this review by typing ``NOAA-
NOS-2016-0148'' into the search function on the Regulations.Gov Home 
Page.
     Mail: Submit written comments to Mr. Kerry Kehoe, Federal 
Consistency Specialist, Office for Coastal Management, NOAA, 1305 East-
West Highway, 10th Floor, N/OCM6, Silver Spring, MD 20910. Attention: 
PRCZMP Amendment.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented and 
considered. Comments sent by any other method, to any other address or 
individual, or received after the end of the commend period may not be 
considered. All comments received are part of the public record and 
will generally be posted for public viewing on www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. NOS will accept anonymous 
comments Enter ``N/A'' in the required fields if you wish to remain 
anonymous. Attachments to electronic comments will be accepted in 
Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Mr. Kerry Kehoe, Federal Consistency 
Specialist, Office for Coastal Management, NOAA, at 240-533-0782 or 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Background: The federal Coastal Zone Management Act provides 
incentives to states and U.S. territories to develop programs to manage 
coastal resources and uses. The PRCZMP was approved NOAA in 1978. Since 
that time, statutory and regulatory changes have been made to the 
organizational structure of the land use agencies which comprise the 
PRCZMP; the land use authority of local governments; and the permit 
decision-making process. These changes are in force and being 
implemented as laws of the Commonwealth pursuant to the Puerto Rico 
Permit Process Reform Act of 2009 (Law 161), as amended by Law 151 of 
2013, and pursuant to the Autonomous Municipalities Act of 1991 (Law 
81). In order to demonstrate that the program continues to meet the 
requirements for program approval established under the Coastal Zone 
Management Act and its implementing regulations, the Department of 
Natural and Environmental Resources has submitted these changes to NOAA 
for approval. Copies of the Commonwealth's submission are available on 
the Regulations.Gov Web site under the Docket No. ``NOAA-NOS-2016-
0148.''
    NOAA's Office for Coastal Management has determined that these 
changes are substantial and should be reviewed as a program amendment 
in accordance with 15 CFR part 923, subpart H. NOAA held a public 
hearing on the amendment in San Juan, Puerto Rico on September 2, 2015. 
The focus of the hearing was on whether the PRCZMP continues to meet 
the requirements for program approval as

[[Page 89888]]

specified in the Coastal Zone Management Program regulations at 15 CFR 
part 923. In addition to the hearing, NOAA solicited written comments 
from the public on the amendment.
    NOAA is issuing preliminary findings on the request for approval of 
the amendments to the PRCZMP. Although most of the changes to the 
PRCZMP have been found to be approvable, NOAA has found that the fast-
tracking of the permitting process does not provide a meaningful 
opportunity for public participation in the process. NOAA has also 
identified concerns with the placement of permitting authority in 
authorized professionals.
    These preliminary findings are subject to change pending a response 
from the Commonwealth, and comments from the public.
    NOAA has also completed a draft environmental assessment pursuant 
to the requirements of the National Environmental Policy Act for this 
review. Comments on the draft environmental assessment are also being 
solicited.
    The preliminary findings and draft environmental assessment are 
available for review on the Regulations.Gov Web site under Docket No. 
``NOAA-NOS-2016-0148.''

Federal Domestic Assistance Catalog 11.419.

    Dated: December 2, 2016.
Christopher Cartwright,
Acting, Deputy Assistant Administrator for Ocean Services and Coastal 
Management, Coastal Zone Management Program Administration.
[FR Doc. 2016-29842 Filed 12-12-16; 8:45 am]
 BILLING CODE 3510-08-P