[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR923.84]

[Page 219-220]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 923_COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS--Table of Contents
 
 Subpart H_Amendments to and Termination of Approved Management Programs
 
Sec. 923.84  Routine program changes.

    (a) Further detailing of a State's program that is the result of 
implementing provisions approved as part of a State's approved 
management program, that does not result in the type of action described 
in Sec. 923.80(d), will be considered a routine program change. While a 
routine change is not subject to the amendment procedures contained in 
Sec. Sec. 923.81 through 923.82, it is subject to mediation provisions 
of Sec. 923.83.
    (b)(1) States must notify OCRM of routine program change actions in 
order that OCRM may review the action to ensure it does not constitute 
an amendment. The state notification shall identify any enforceable 
policies to be added to the management program, and explain why the 
program change will not result in the type of action described in Sec. 
923.80(d).
    (i) States have the option of notifying OCRM of routine changes on a 
case-by-case basis, periodically throughout the year, or annually.
    (ii) In determining when and how often to notify OCRM of such 
actions, States should be aware that Federal consistency will apply only 
after the notice required by paragraph (b)(4) of this section has been 
provided.

[[Page 220]]

    (2) Concurrent with notifying OCRM, States must provide notice to 
the general public and affected parties, including local governments, 
other State agencies and regional offices of relevant federal agencies 
of the notification given OCRM.
    (i) This notice must:
    (A) Describe the nature of the routine program change and identify 
any enforceable policies to be added to the management program if the 
State's request is approved;
    (B) Indicate that the State considers it to be a routine program 
change and has requested OCRM's concurrence in that determination; and
    (C) Indicate that any comments on whether or not the action does or 
does not constitute a routine program change may be submitted to OCRM 
within 3 weeks of the date of issuance of the notice.
    (ii) Where relevant Federal agencies do not maintain regional 
offices, notice must be provided to the headquarters office.
    (3) Within 4 weeks of receipt of notice from a State, OCRM will 
inform the State whether it concurs that the action constitutes a 
routine program change. Failure to notify a State in writing within 4 
weeks of receipt of notice shall be considered concurrence.
    (4) Where OCRM concurs, a State then must provide notice of this 
fact to the general public and affected parties, including local 
governments, other State agencies and relevant Federal agencies.
    (i) This notice must:
    (A) Indicate the date on which the State received concurrence from 
OCRM that the action constitutes a routine program change;
    (B) Reference the earlier notice (required in paragraph (b)(2) of 
this section) for a description of the content of the action; and
    (C) Indicate if Federal consistency applies as of the date of the 
notice called for in this paragraph.
    (ii) Federal consistency shall not be required until this notice has 
been provided.
    (5) Where OCRM does not concur, a State will be advised to:
    (i) submit the action as an amendment, subject to the provisions of 
Sec. Sec. 923.81 through 923.82; or
    (ii) resubmit the routine program change with additional information 
requested by OCRM concerning how the program will be changed as a result 
of the action.

[61 FR 33815, June 28, 1996; 61 FR 36965, July 15, 1996]