[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: 15CFR970.211]



[Page 318]

 

                  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. 970.211  Consultation and cooperation with Federal agencies.



    (a) Promptly after his receipt of an application and the opening of 

coordinates describing the application area, the Administrator will 

distribute a copy of the application to each other 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 (i.e., the 

Departments of State, Transportation, Justice, Interior, Defense, 

Treasury and Labor, as well as the Environmental Protection Agency, 

Federal Trade Commission, Small Business 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 which is in full compliance 

with this subpart, recommend certification of the application, issuance 

or transfer of the license, 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 Sec. 970.207, 

must be submitted within 90 days after their receipt of a copy of the 

application which is in full compliance with this subpart. NOAA will use 

the benefits of this process of consultation and cooperation to 

facilitate necessary Federal decisions on the proposed exploration 

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.

    (b) In any case in which a Federal agency or department recommends a 

denial, it will set forth in detail the manner in which the application 

does not comply with any law or regulation within its area of 

responsibility and will indicate how the application may be amended, or 

how terms, conditions or restrictions might be added to the license to 

assure compliance with such law or regulation.

    (c) A recommendation from another Federal agency or department for 

denying or amending an application will not affect its having been in 

substantial compliance with the requirements of this subpart, pursuant 

to Sec. 970.209, for purposes of establishing priority of right. 

However, pursuant to section 103(e) of the Act, NOAA will cooperate with 

such agencies and with the applicant with the goal of resolving the 

concerns raised and satisfying the statutory responsibilities of these 

agencies.



[46 FR 45898, Sept. 15, 1981, as amended at 47 FR 11513, Mar. 17, 1982]