Section 13660.8 - Final Commission Decision(a) The Commission shall issue a decision on whether the applicant's consistency certification complies with the CCMP; i.e., whether it "concurs" or "objects" to the applicant's consistency certification, at the earliest practicable time and in no event more than 6 months from the date of receipt of such consistency certification and required information from the USGS Area Supervisor (see Section 13660.3 of these regulations). If a Commission decision has not been reached within 3 months of such receipt, the Executive Director shall notify in writing the Assistant Administrator, the applicant, the USGS Area Supervisor, and the relevant Federal agencies of the status of review and the basis for further delay.(b) A Commission decision which objects to an applicant's consistency certification for one or more of the activities described in detail in the OCS plan shall be accompanied by a statement indicating: (1) the effect which the activity will have on coastal land or water uses in the coastal zone,(2) how the activity is inconsistent with a mandatory provision of the CCMP,(3) alternative measures or conditions (if they exist) which would make their proposed activity consistent with CCMP policies,(4) if a decision to object is based upon grounds that the applicant has failed to provide information requested by the Executive Director, the type of information requested and the necessity of that information for a consistency certification must be described, and(5) the applicant's right of appeal to the Secretary of Commerce on the grounds 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.(c) The Commission shall notify the applicant, the Area Supervisor, the Assistant Administrator, and the relevant Federal agencies of its decision by sending a copy of its Final Decision to them.Cal. Code Regs. Tit. 14, § 13660.8
1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50). Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30008, Public Resources Code; 16 USC 1456(c); and 15 CFR 930.63, 930.64 and 930.79.
1. Amendment filed 3-28-79 as an emergency; effective upon filing (Register 79, No. 13). Certificate of Compliance included.
2. Amendment filed 12-7-82; effective thirtieth day thereafter (Register 82, No. 50).