[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: 15CFR970.200]

[Page 313-314]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 970_DEEP SEABED MINING REGULATIONS FOR EXPLORATION LICENSES--Table of 
Contents
 
                         Subpart B_Applications
 
Sec. 970.200  General.

    Source: 46 FR 45898, Sept. 15, 1981, unless otherwise noted.


    (a) Who may apply; how. Any United States citizen may apply to the 
Administrator for issuance or transfer of an exploration license. 
Applications must be submitted in the form and manner prescribed in this 
subpart.
    (b) Place, form and copies. Applications for the issuance or 
transfer of exploration licenses must be submitted in writing, verified 
and signed by an authorized officer or other authorized representative 
of the applicant, in 30 copies, to the following address: Office of 
Ocean Minerals and Energy, National Oceanic and Atmospheric 
Administration, suite 410, Page 1 Building, 2001 Wisconsin Avenue, NW., 
Washington, DC 20235. The Administrator may waive, in whole or in part, 
at his discretion, the requirement that 30 copies of an application be 
filed with NOAA.
    (c) Use of application information. The contents of an application, 
as set forth

[[Page 314]]

below, must provide NOAA with the information necessary to make 
determinations required by the Act and this part pertaining to the 
issuance or transfer of an exploration license. Thus, each portion of 
the application should identify the requirement in this part to which it 
responds. In addition, the information will be used by NOAA in its 
function under the Act of consultation and cooperation with other 
Federal agencies or departments in relation to their programs and 
authorities, in order to reduce the number of separate actions required 
to satisfy Federal agencies' responsibilities.
    (d) Pre-application consultation. To assist in the development of 
adequate applications and assure that applicants understand how to 
respond to the provisions of this subpart, NOAA will be available for 
pre-application consultations with potential applicants. This includes 
consultation on the procedures in subpart C. In appropriate 
circumstances, NOAA will provide written confirmation to the applicant 
of any oral guidance resulting from such consultations.
    (e) Priority of right. (1) Priority of right for issuance of 
licenses to pre-enactment explorers will be established pursuant to 
subpart C of this part.
    (2) Priority of right for issuance of licenses to new entrants will 
be established on the basis of the chronological order in which license 
applications, which are in substantial compliance with the requirements 
established under this subpart, pursuant to Sec. 970.209, are filed 
with the Administrator.
    (3) Applications must be received by the Office of Ocean Minerals 
and Energy on behalf of the Administrator before a priority can be 
established.
    (4) Upon (i) a determination that:
    (A) An application is not in substantial compliance in accordance 
with Sec. 970.209 or subpart C, as applicable;
    (B) An application has not been brought into substantial compliance 
in accordance with Sec. 970.210 or subpart C, as applicable;
    (C) A license has been relinquished or surrendered in accordance 
with Sec. 970.903; or
    (ii) A decision to:
    (A) Deny certification of a license pursuant to Sec. 970.407; or
    (B) Deny issuance of a license pursuant to Sec. 970.508,

and after the exhaustion of any administrative or judicial review of 
such determination or decision, the priority of right for issuance of a 
license will lapse.
    (f) Request for confidential treatment of information. If an 
applicant wishes to have any information in his application treated as 
confidential, he must so indicate pursuant to 15 CFR 971.802.

[46 FR 45898, Sept. 15, 1981, as amended at 47 FR 5968, Feb. 9, 1982; 54 
FR 547, Jan. 6, 1989]

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