[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR923.81]



[Page 217-218]

 

                  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. 923.81  Requests for amendments.



    (a) Requests for amendments shall be submitted to the Assistant 

Administrator by the Governor of a coastal state with an approved 

management program or by the head of the state agency (designated 

pursuant to subsection 306(d)(6) of the Act) if the Governor had 

delegated this responsibility and such delegation is part of the 

approved management program. Whenever possible, requests should be 

submitted prior to final State action to implement the amendment. At 

least one public hearing must be held on the proposed amendment, 

pursuant to subsection 306(d)(4) of the Act. Pursuant to section 311 of 

the Act, notice of such public hearing(s) must be announced at least 30 

days prior to the hearing date. At the time of the announcement, 

relevant agency materials pertinent to the hearing must be made 

available to the public.

    (b) Amendment requests must contain the following:

    (1) A description of the proposed change, including specific pages 

and text of the management program that will be changed if the amendment 

is approved by the Assistant Administrator. This description shall also 

identify any enforceable policies to be added to the management program;

    (2) An explanation of why the change is necessary and appropriate, 

including a discussion of the following factors, as relevant; changes in 

coastal zone needs, problems, issues, or priorities. This discussion 

also shall identify which findings, if any made by the Assistant 

Administrator in approving the management program may need to be 

modified if the amendment is approved;

    (3) A copy of public notice(s) announcing the public hearing(s) on 

the proposed amendments;

    (4) A summary of the hearing(s) comments:



[[Page 218]]



    (i) Where OCRM is providing Federal agency review concurrent with 

the notice period for the State's public hearing, this summary of 

hearing(s) comments may be submitted to the Assistant Administrator 

within 60 days after the hearing;

    (ii) Where hearing(s) summaries are submitted as a supplement to the 

amendment request (as in the case described in paragraph (b)(1) of this 

section), the Assistant Administrator will not take final action to 

approve or disapprove an amendment request until the hearing(s) 

summaries have been received and reviewed; and

    (5) Documentation of opportunities provided relevant Federal, State, 

regional and local agencies, port authorities and other interested 

public and private parties to participate in the development and 

approval at the State level of the proposed amendment.



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