[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR922.48]

[Page 126]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 922_NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS--Table of Contents
 
             Subpart E_Regulations of General Applicability
 
Sec. 922.48  National Marine Sanctuary permits--application procedures and 
issuance criteria.

    (a) A person may conduct an activity prohibited by Subparts F 
through O, if conducted in accordance with the scope, purpose, terms and 
conditions of a permit issued under this section and Subparts F through 
O, as appropriate. For the Florida Keys National Marine Sanctuary, a 
person may conduct an activity prohibited by Subpart P if conducted in 
accordance with the scope, purpose, terms and conditions of a permit 
issued under Sec. 922.166. For the Thunder Bay National Marine 
Sanctuary and Underwater Preserve, a person may conduct an activity 
prohibited by Subpart R in accordance with the scope, purpose, terms and 
conditions of a permit issued under Sec. 922.195.
    (b) Applications for permits to conduct activities otherwise 
prohibited by Subparts F through O should be addressed to the Director 
and sent to the address specified in Subparts F through O, or Subpart R, 
as appropriate. An application must include:
    (1) A detailed description of the proposed activity including a 
timetable for completion;
    (2) The equipment, personnel and methodology to be employed;
    (3) The qualifications and experience of all personnel;
    (4) The potential effects of the activity, if any, on Sanctuary 
resources and qualities; and (5) Copies of all other required licenses, 
permits, approvals or other authorizations.
    (c) Upon receipt of an application, the Director may request such 
additional information from the applicant as he or she deems necessary 
to act on the application and may seek the views of any persons or 
entity, within or outside the Federal government, and may hold a public 
hearing, as deemed appropriate.
    (d) The Director, at his or her discretion, may issue a permit, 
subject to such terms and conditions as he or she deems appropriate, to 
conduct a prohibited activity, in accordance with the criteria found in 
Subparts F through O, or Subpart R, as appropriate. The Director shall 
further impose, at a minimum, the conditions set forth in the relevant 
subpart.
    (e) A permit granted pursuant to this section is nontransferable.
    (f) The Director may amend, suspend, or revoke a permit issued 
pursuant to this section for good cause. The Director may deny a permit 
application pursuant to this section, in whole or in part, if it is 
determined that the permittee or applicant has acted in violation of the 
terms and conditions of a permit or of the regulations set forth in this 
section or Subparts F through O, Subpart R or for other good cause. Any 
such action shall be communicated in writing to the permittee or 
applicant by certified mail and shall set forth the reason(s) for the 
action taken. Procedures governing permit sanctions and denials for 
enforcement reasons are set forth in subpart D of 15 CFR part 904.

[60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4607, Jan. 30, 1997; 65 
FR 39056, June 22, 2000]