[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: 15CFR971.200]



[Page 343-344]

 

                  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. 971.200  General.





    (a) Who may apply; how. Any United States citizen holding a valid 

exploration license may apply to the Administrator for issuance of a 

commercial recovery permit for all or part of the area to which the 

license applies. Any holder of a commercial recovery permit may apply to 

the Administrator for transfer of the permit. Applications must be 

submitted in the form and manner described in this subpart.

    (b) Place, form and copies. An application for the issuance or 

transfer of a commerical recovery permit must be in writing, verified 

and signed by an authorized officer or other authorized representative 

of the applicant. The application and 25 copies thereof must be 

submitted to:



Ocean Minerals and Energy Division, Office of Ocean and Coastal Resource 

Management, National Oceanic and Atmospheric Administration, Suite 710, 

1825 Connecticut Avenue, NW., Washington, DC 20235.





The Administrator may waive in whole or in part, at his discretion, the 

requirement that 25 copies of an application be filed with NOAA.

    (c) General contents. The application must contain a proposed 

commerical recovery plan and the financial, technical, environmental and 

other information specified in this part, which in total are necessary 

for the Administrator to make the determinations required by the Act and 

this part. Although the ultimate standards for determinations under 

these rules are identical for both transferees and original preexisting 

licensees, NOAA anticipates that applicants who are transferees will 

have to supply more information with the application than licensees will 

[see subsection (e) in this section].



[[Page 344]]



    (d) Identification of requirements. Each portion of the application 

should identify the requirements of this part to which it responds.

    (e) Information previously submitted in connection with an 

exploration license. Information previously submitted as part of an 

exploration license application, as well as information submitted during 

the course of license activities (such as data included in annual 

reports to NOAA), may be incorporated in the commercial recovery permit 

application by reference.

    (f) Request for confidential treatment of information. If an 

applicant wishes to have any information in its application not be 

subject to public disclosure, it must so request, at the time of 

submitting the information, pursuant to Sec. 971.802 which will govern 

disposition of the request.

    (g) Pre-application consultation. The Administrator will make NOAA 

staff available to potential applicants for pre-application 

consultations on how to respond to the provisions of this part. In 

appropriate circumstances, the Administrator will provide written 

confirmation to the applicant of oral guidance resulting from such 

consultations. Such consultation is required for the purpose of Sec. 

971.207. The applicant is encouraged to consult with affected States as 

early as is practicable [see also Sec. Sec. 971.213 and 971.606(b)].

    (h) Compliance with Federal consistency requirements. An applicant 

for a commercial recovery permit must comply with all necessary 

requirements, including procedures, pursuant to 15 CFR part 930, subpart 

D. Applications and other necessary data and information must be 

transmitted to the designated State agency as prescribed under 15 CFR 

930.50.



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