[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR922.49]



[Page 125-126]

 

                  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. 922.49  Notification and review of applications for leases, 

licenses, permits, approvals, or other authorizations to conduct 

a prohibited activity.



    (a) A person may conduct an activity prohibited by Subparts L 

through P, or Subpart R, if such activity is specifically authorized by 

any valid Federal, State, or local lease, permit, license, approval, or 

other authorization issued after the effective date of Sanctuary



[[Page 126]]



designation, or in the case of the Florida Keys National Marine 

Sanctuary after the effective date of the regulations in Subpart P, 

provided that:

    (1) The applicant notifies the Director, in writing, of the 

application for such authorization (and of any application for an 

amendment, renewal, or extension of such authorization) within fifteen 

(15) days of the date of filing of the application or the effective date 

of Sanctuary designation, or in the case of the Florida Keys National 

Marine Sanctuary the effective date of the regulations in Subpart P, 

whichever is later;

    (2) The applicant complies with the other provisions of this Sec. 

922.49;

    (3) The Director notifies the applicant and authorizing agency that 

he or she does not object to issuance of the authorization (or 

amendment, renewal, or extension); and

    (4) The applicant complies with any terms and conditions the 

Director deems reasonably necessary to protect Sanctuary resources and 

qualities.

    (b) Any potential applicant for an authorization described in 

paragraph (a) of this section may request the Director to issue a 

finding as to whether the activity for which an application is intended 

to be made is prohibited by Subparts L through P, or Subpart R, as 

appropriate.

    (c) Notification of filings of applications should be sent to the 

Director, Office of Ocean and Coastal Resource Management at the address 

specified in Subparts L through P, or Subpart R, as appropriate. A copy 

of the application must accompany the notification.

    (d) The Director may request additional information from the 

applicant as he or she deems reasonably necessary to determine whether 

to object to issuance of an authorization described in paragraph (a) of 

this section, or what terms and conditions are reasonably necessary to 

protect Sanctuary resources and qualities. The information requested 

must be received by the Director within 45 days of the postmark date of 

the request. The Director may seek the views of any persons on the 

application.

    (e) The Director shall notify, in writing, the agency to which 

application has been made of his or her pending review of the 

application and possible objection to issuance. Upon completion of 

review of the application and information received with respect thereto, 

the Director shall notify both the agency and applicant, in writing, 

whether he or she has an objection to issuance and what terms and 

conditions he or she deems reasonably necessary to protect Sanctuary 

resources and qualities, and reasons therefor.

    (f) The Director may amend the terms and conditions deemed 

reasonably necessary to protect Sanctuary resources and qualities 

whenever additional information becomes available justifying such an 

amendment.

    (g) Any time limit prescribed in or established under this Sec. 

922.49 may be extended by the Director for good cause.

    (h) The applicant may appeal any objection by, or terms or 

conditions imposed by, the Director to the Assistant Administrator or 

designee in accordance with the provisions of Sec. 922.50.



[62 FR 4608, Jan. 30, 1997, as amended at 65 FR 39056, June 22, 2000]