[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR930.60]

[Page 266-267]
 
                  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.  930.60  Commencement of State agency review.

    (a) The State agency's six-month review period (see Sec.  930.62(a)) 
of an applicant's consistency certification begins on the date the State 
agency receives the consistency certification required by Sec.  930.57 
and all the necessary data and information required by Sec.  930.58(a).
    (1) If an applicant fails to submit a consistency certification, the 
State agency shall notify the applicant and the Federal agency, within 
30 days of receipt of the incomplete submission, that a consistency 
certification satisfying Sec.  930.57 was not received and that the 
State agency's six-month review period will commence on the date of 
receipt of the missing certification, subject to paragraph (a)(2) of 
this section.
    (2) If an applicant fails to submit all necessary data and 
information required by Sec.  930.58(a), the State agency shall notify 
the applicant and the Federal agency, within 30 days of receipt of the 
incomplete submission, that necessary data and information described in 
Sec.  930.58(a) was not received and that the State agency's six-month 
review period will commence on the date of receipt of the missing 
necessary data and information, subject to the requirement in paragraph 
(a) of this section that the applicant has also submitted a

[[Page 267]]

consistency certification. The State agency may waive the requirement in 
paragraph (a) of this section that all necessary data and information 
described in Sec.  930.58(a) be submitted before commencement of the 
State agency's six-month consistency review. In the event of such a 
waiver, the requirements of Sec.  930.58(a) must be satisfied prior to 
the end of the six-month consistency review period or the State agency 
may object to the consistency certification for insufficient 
information.
    (3) Within 30 days of receipt of the consistency certification and/
or necessary data and information that was deemed missing, pursuant to 
paragraphs (a)(1) or (2) of this section, the State agency shall notify 
the applicant and Federal agency that the certification and necessary 
data and information required pursuant to Sec.  930.58 is complete, the 
date the certification and/or necessary data and information deemed 
missing was received, and, that the State agency's consistency review 
commenced on the date of receipt. In the event of a State waiver under 
paragraph (a)(2) of this section, receipt of the necessary data and 
information deemed missing shall not alter the date the consistency 
review period commenced.
    (b) State agencies and applicants (and persons under subpart E of 
this part) may mutually agree in writing to stay the six-month 
consistency review period. Such an agreement shall be in writing and 
state a specific date on when the stay will end. The State agency shall 
provide a copy of the written agreement to the Federal agency and the 
Federal agency shall not presume State agency concurrence with an 
applicant's consistency certification when such a written agreement to 
stay the six-month consistency review period is in effect. The State 
agency shall not stop, stay, or otherwise alter the consistency review 
period without such a written agreement with the applicant.
    (c) The State agency's determination that a certification and 
necessary data and information under paragraph (a) of this section is 
complete is not a substantive review of the adequacy of the information 
received. If an applicant has submitted all necessary data and 
information required by Sec.  930.58, then a State agency's or Federal 
agency's assertion that the submitted information is substantively 
deficient, or a State agency's or Federal agency's request for 
clarification of the information provided, or information or data 
requested that is in addition to that required by Sec.  930.58 shall not 
extend the date of commencement of State agency review.

[71 FR 827, Jan. 5, 2006]