[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: 15CFR930.61]

[Page 259]
 
                  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 D_Consistency for Activities Requiring a Federal License or 
                                 Permit
 
Sec. 930.61  Public participation.

    (a) Following receipt of the material described in Sec. 930.60 the 
State agency shall ensure timely public notice of the proposed activity. 
Public notice shall be provided for the area(s) of the coastal zone 
likely to be affected by the proposed activity, as determined by the 
State agency. At the discretion of the State agency, public 
participation may include one or more public hearings. The State agency 
shall not require an applicant or a Federal agency to hold a public 
hearing. State agencies should restrict the period of public notice, 
receipt of comments, hearing proceedings and final decision-making to 
the minimum time necessary to reasonably inform the public, obtain 
sufficient comment, and develop a decision on the matter.
    (b) Content of public notice. The public notice shall:
    (1) Specify that the proposed activity is subject to review for 
consistency under the policies of the management program;
    (2) Provide sufficient information to serve as a basis for comment;
    (3) Specify a source for additional information; and
    (4) Specify a contact for submitting comments to the management 
program.
    (c) 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 
the 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. The 
State agency may require the applicant to provide the public notice. 
State agencies shall not require that the Federal agency provide public 
notice. The State agency may rely upon the public notice provided by the 
Federal agency reviewing the application for the federal license or 
permit (e.g., notice of availability of NEPA documents) if such notice 
satisfies the minimum requirements set forth in paragraphs (a) and (b) 
of this section.
    (d) Federal and State agencies are encouraged to issue joint public 
notices, and hold joint public hearings, whenever possible to minimize 
duplication of effort and to avoid unnecessary delays.