[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: 15CFR970.200]



[Page 312-313]

 

                  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 313]]



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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