[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: 15CFR930.61]



[Page 258]

 

                  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.