--- kind: "section" citation: "15 C.F.R. § 930.60" title: "15" number: "930.60" heading: "Commencement of State agency review." url: "https://uscodex.org/cfr/15/930.60" --- # §930.60. Commencement of State agency review. - (a) The State agency's six-month review period (see [§ 930.62(a)](/cfr/15/930.62.md?p=a)) of an applicant's consistency certification begins on the date the State agency receives the consistency certification required by [§ 930.57](/cfr/15/930.57.md) and all the necessary data and information required by [§ 930.58(a)](/cfr/15/930.58.md?p=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 [§ 930.57](/cfr/15/930.57.md) 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)](#a-2) of this section. - (2) If an applicant fails to submit all necessary data and information required by [§ 930.58(a)](/cfr/15/930.58.md?p=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 [§ 930.58(a)](/cfr/15/930.58.md?p=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)](#a) of this section that the applicant has also submitted a consistency certification. The State agency may waive the requirement in [paragraph (a)](#a) of this section that all necessary data and information described in [§ 930.58(a)](/cfr/15/930.58.md?p=a) be submitted before commencement of the State agency's six-month consistency review. In the event of such a waiver, the requirements of [§ 930.58(a)](/cfr/15/930.58.md?p=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)](#a-1) or [(2)](#a-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 [§ 930.58](/cfr/15/930.58.md) 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)](#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](/cfr/15/subpartE.md) 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)](#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 [§ 930.58](/cfr/15/930.58.md), 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 [§ 930.58](/cfr/15/930.58.md) shall not extend the date of commencement of State agency review. ## Notes ### Amendments [71 FR 827, Jan. 5, 2006] ### Authority Authority: 16 U.S.C. 1451 et seq. ### Source Source: 65 FR 77154, Dec. 8, 2000, unless otherwise noted. ### Amendments [71 FR 827, Jan. 5, 2006]