[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR930.42]

[Page 247-248]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 930--FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS--Table of Contents
 
          Subpart C--Consistency for Federal Agency Activities
 
Sec. 930.42  Public participation.

    (a) Management programs shall provide for public participation in 
the State agency's review of consistency determinations. Public 
participation, at a minimum, shall consist of public notice for the 
area(s) of the coastal zone likely to be affected by the activity, as 
determined by the State agency.
    (b) Timing of public notice. States shall provide timely public 
notice after the consistency determination has been received by the 
State agency, except in cases where earlier public notice on the 
consistency determination by the Federal agency or the State agency 
meets the requirements of this section. A public comment period shall be 
provided by the State sufficient to give the public an opportunity to 
develop and provide comments on whether the project is consistent with 
management program enforceable policies and still allow the State agency 
to issue its concurrence or objection within the 60 day State response 
period.
    (c) Content of public notice. The public notice shall:
    (1) Specify that the proposed activity is subject to review for 
consistency with the enforceable policies of the management program;

[[Page 248]]

    (2) Provide sufficient information to serve as a basis for comment;
    (3) Specify a source for additional information, e.g., a State 
agency web site; and
    (4) Specify a contact for submitting comments to the State agency.
    (d) Procedural options that may be used by the State agency for 
issuance of public notice include, but are not limited to, public notice 
through an official State gazette, a local newspaper serving areas of 
coastal zone likely to be affected by the activity, individual State 
mailings, public notice through a management program newsletter, and 
electronic notices, e.g., web sites. However, electronic notices, e.g., 
web sites, shall not be the sole source of a public notification, but 
may be used in conjunction with other means. Web sites may be used to 
provide a location for the public to obtain additional information. 
States shall not require that the Federal agency provide public notice. 
Federal and State agencies are encouraged to issue joint public notices, 
and hold joint public hearings, to minimize duplication of effort and to 
avoid unnecessary delays, so long as the joint notice meets the other 
requirements of this section.