Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 8919 

grantee of Foreign-Trade Zone 119 

(Minneapolis, Minnesota), has 

submitted a request on behalf of 

Uponor, Inc. (Uponor), operator of 

Subzone 119B at the Uponor 

polyethylene tubing manufacturing and 

distribution facilities in Apple Valley, 

Minnesota, to expand and reorganize 

the subzone and to expand the scope of 

FTZ manufacturing authority to include 

new production capacity (FTZ Docket 

61–2008, filed 10–28–08); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (73 FR 65582, 11–4–08) and the 

application has been processed 

pursuant to the FTZ Act and the Board’s 

regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations are satisfied, and 

that the proposal is in the public 

interest; 

Now, therefore, the Board hereby 

orders: 

The application to expand and 

reorganize the subzone and to expand 

the scope of FTZ manufacturing 

authority within Subzone 119B, as 

described in the application and 

Federal Register notice, is approved, 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.28. 

Signed at Washington, DC, February 5, 

2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, Alternate Chairman, ForeignTrade Zones Board. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2010–4052 Filed 2–25–10; 8:45 am] 

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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. 

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 

gcos.inquiries@noaa.gov. 

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 gcos.comments@noaa.gov. 

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 gcos.comments@noaa.gov. 

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 

gcos.inquiries@noaa.gov. 

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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