Rulemaking
NOAA’s CZMA regulations contain the requirements and procedures related to state coastal management programs. The regulations for the development, modification, funding and review of state coastal management programs are found at 15 C.F.R. part 923, subparts A-K. The regulations for federal consistency are found at 15 C.F.R. part 930, subparts A-I. These regulations are modified from time to time through the rulemaking process and, when modified, the preambles to any Final Rules issued in the Federal Register contain important information regarding regulatory requirements and procedures (even if the Final Rule is many years past).
Federal Consistency Proposed Rulemaking
On March 11, 2019, NOAA published in the Federal Register this Advance Notice of Proposed Rulemaking (ANPR) related to CZMA Federal Consistency Reviews of Outer Continental Shelf Oil and Gas Projects (RIN: 0648-BH78). The citation for the ANPR Federal Register Notice is 84 FR 8628-8633 (Mar. 11, 2019). The comment period is 45 days with comments due by April 25, 2019. The Federal Register Notice contains instructions for submitting comments to NOAA through Regulations.gov.
Federal Consistency Final Rules
The federal consistency regulations were modified in 2006 and 2000 and the Final Rules for these rulemakings contain substantial information that should be consulted if questions arise regarding a regulatory section.
- NOAA’s Final Rule ‒ January 5, 2006, revising the Federal Consistency Regulations (71 Federal Register 787 - 831 (January 5, 2006)) and technical corrections (71 Federal Register 75864-75865 [December 19, 2006]).
- NOAA's Final Rule ‒ December 8, 2000 for the Federal Consistency Regulations (65 Federal Register 77123-77154 [December 8, 2000]).
Program Change Final Rule and Program Change Website
On August 6, 2019, NOAA published in the Federal Register a final rule for revised program change regulations under the CZMA. The CZMA requires states to submit changes to NOAA-approved state coastal management programs to NOAA for review and approval. NOAA’s Office for Coastal Management has provided a more efficient program change process and also developed a program change website to facilitate the new process.
The new regulations took effect on September 6, 2019. Until the new rules are codified in the Code of Federal Regulations at 15 C.F.R., Part 923, Subpart H, they can be found at 84 FR 38118-38135 (August 6, 2019).
All state program change submissions must now use the new Program Change Website.
NOAA has revised the CZMA program change regulations at 15 C.F.R., Part 923, Subpart H and revoked previous guidance. Specifically, this action addresses the changes in NOAA’s proposed rulemaking, 81 FR 78514-78526 (November 8, 2016) and the comments submitted to NOAA on the proposed rule. NOAA is providing a more efficient process for states and NOAA to make changes to state management programs, remove unnecessary requirements in the current regulations, establish program change documentation for all states, continue to ensure that federal agencies and the public have an opportunity to comment to NOAA on a state’s proposed change to its management program, and comply with the requirements of the CZMA and other applicable federal law.