[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: 15CFR930.42]



[Page 250-251]

 

                  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 251]]



    (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.