[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: 15CFR971.211]

[Page 348-349]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 971_DEEP SEABED MINING REGULATIONS FOR COMMERCIAL RECOVERY PERMITS--Table 
of Contents
 
                         Subpart B_Applications
 
Sec. 971.211  Consultation and cooperation with Federal agencies.

    (a) Promptly after receipt of an application that the Administrator 
has

[[Page 349]]

determined pursuant to Sec. 971.210 is complete, the Administrator will 
distribute a copy of the application to every Federal agency or 
department which, pursuant to section 103(e) of the Act, has identified 
programs or activities within its statutory responsibilities which would 
be affected by the activities proposed in the application (e.g., the 
Departments of State, Transportation, Justice, Interior, Defense, 
Treasury and Labor, as well as the Environmental Protection Agency, 
Federal Trade Commission, International Trade Administration and 
National Science Foundation). Based on its legal responsibilities and 
authorities, each such agency or department may, not later than 60 days 
after it receives a copy of the application, recommend certification of 
the application, issuance or transfer of the permit, or denial of such 
certification, issuance or transfer. The advice or recommendation by the 
Attorney General or Federal Trade Commission on antitrust review, 
pursuant to section 103(d) of the Act, must be submitted within 90 days 
after their receipt of a copy of the application.
    (b) NOAA will use this process of consultation and cooperation to 
facilitate necessary Federal decisions on proposed commercial recovery 
activities, pursuant to the mandate of section 103(e) of the Act to 
reduce the number of separate actions required to satisfy Federal 
agencies' statutory responsibilities. The Administrator will not issue 
or transfer the permit during the 90 day period after receipt by the 
Attorney General and the Federal Trade Commission except upon written 
confirmation of the Attorney General and the Federal Trade Commission 
that neither intends to submit further comments or recommendations with 
respect to the application.
    (c) In any case in which a Federal agency or department recommends a 
denial, it must set forth in detail the manner in which the application 
does not comply with any law or regulation within its area of 
responsibility and how the application may be amended, or how TCRs might 
be added to the permit, to assure compliance with such law or 
regulation.
    (d) NOAA will cooperate with such agencies and with the applicant 
with the goal of resolving any concerns raised and satisfying the 
statutory responsibilities of these agencies.
    (e) If the Administrator decides to issue or transfer a permit with 
respect to which denial of the issuance or transfer has been recommended 
by the Attorney General or the Federal Trade Commission, or to issue or 
transfer a permit without imposing TCRs recommended by the Attorney 
General or the Federal Trade Commission, as appropriate, the 
Administrator will, before or at issuance or transfer of the permit, 
notify the Attorney General and the Federal Trade Commission of the 
reasons for his decision.