[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: 15CFR930.63]



[Page 259-260]

 

                  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 260]]



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.