[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: 15CFR930.63]

[Page 260-261]
 
                  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. 930.63  State agency objection to a consistency certification.

    (a) If the State agency objects to the applicant's consistency 
certification within six months following commencement of review, it 
shall notify the applicant, Federal agency and Director of the 
objection. A State agency may assert alternative bases for its 
objection, as described in paragraphs (b) and (c) of this section.
    (b) State agency objections that are based on sufficient information 
to evaluate the applicant's consistency certification shall describe how 
the proposed activity is inconsistent with specific enforceable policies 
of the management program. The objection may describe alternative 
measures (if they exist) which, if adopted by the applicant, may permit 
the proposed activity to be conducted in a manner consistent with the 
enforceable policies of the management program.
    (c) A State agency objection may be based upon a determination that 
the applicant has failed, following a written State agency request, to 
supply the information required pursuant to Sec. 930.58 or other 
information necessary for the State agency to determine consistency. If 
the State agency objects on the grounds of insufficient information, the 
objection shall describe the nature of the information requested and the 
necessity of having such information to determine the consistency of the 
activity with the management program. The objection may describe 
alternative measures (if they exist) which, if adopted by the applicant, 
may permit the proposed activity to be conducted in a manner consistent 
with the enforceable policies of the management program.
    (d) Alternatives. If a State agency proposes an alternative(s) in 
its objection letter, the alternative(s) shall be described with 
sufficient specificity to allow the applicant to determine whether to, 
in consultation with the State agency: adopt an alternative; abandon the 
project; or file an appeal under subpart H. Application of the 
specificity requirement demands a case specific approach. More 
complicated activities or alternatives generally need more information 
than less-complicated activities or alternatives. See Sec. 930.121(d) 
for further details regarding alternatives for appeals under subpart H 
of this part.
    (e) A State agency objection shall include a statement to the 
following effect:

    Pursuant to 15 CFR part 930, subpart H, and within 30 days from 
receipt of this letter, you may request that the Secretary of Commerce 
override this objection. In order to grant an override request, the 
Secretary must find that the activity is consistent with the objectives 
or purposes of the Coastal Zone Management Act, or is necessary in the 
interest of national security. A copy of

[[Page 261]]

the request and supporting information must be sent to the [Name of 
State] management program and the federal permitting or licensing 
agency. The Secretary may collect fees from you for administering and 
processing your request.