[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: 15CFR971.204]



[Page 345-346]

 

                  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. 971.204  Environmental and use conflict analysis.



    (a) Environmental information submission. The application must be 

supported by sufficient marine environmental information for the 

Administrator to prepare an environmental impact statement (EIS) on the 

proposed mining activities, and to determine the appropriate permit TCRs 

based on environmental characteristics of the requested minesite. The 

Administrator may require the submission of additional data, in the 

event he determines that the basis for a suitable EIS, or a 

determination of appropriate TCRs, is not available.

    (b)(1) In preparing the EIS, the Administrator will attempt to 

characterize the environment in such a way as to provide a basis for 

judging the potential for significant adverse effects or irreparable 

harm triggered by commercial mining (see subpart F). In compiling these 

data, the Administrator will utilize existing information including the 

relevant license EIS, additional exploration data acquired by the 

applicant, and other data in the public domain.

    (2) The EIS must present adequate physical, chemical, and biological 

information for the permit area. If the permit area lies within the area 

of NOAA's Deep Ocean Mining Environmental Study (DOMES), the parameters 

listed in NOAA's Technical Guidance Document pertaining to the upper and 

lower water column should be included. Specifically, these parameters 

include:

    (i) Upper water column--



Nutrients

Endangered species

Salinity, temperature, density

Currents.



    (ii) Lower water column and seafloor--



Currents

Suspended particulate matter dispersion

Sediment characteristics (mineralogy, particle size, shape and density, 

and water content)

Topography

Benthos.



    (3) For a permit area outside the DOMES area, the applicant is 

encouraged to consult with NOAA at the earliest opportunity in order to 

determine the specific parameters to be measured based on the location 

and specific environmental characteristics of the permit area. The 

Administrator, in consultation with the Administrator of the 

Environmental Protection Agency



[[Page 346]]



and with the assistance of other appropriate Federal agencies, may 

determine that a programmatic EIS is required for any new area.

    (c) The application must include a monitoring plan for test mining 

and at-sea commercial recovery activities which meets the objectives and 

requirements of Sec. 971.603.

    (d) Use conflict analysis. The application must include information 

known to the applicant on other uses of the proposed mining area to 

support the Administrator's determination regarding potential use 

conflicts between commercial mining activities and those activities of 

other nations or of other U.S. citizens.

    (e) Onshore information. Because of NEPA requirements, the 

Administrator must include in the EIS on the proposed permit the 

complete spectrum of activities resulting from the issuance of a permit. 

Therefore, onshore information including the location and operation of 

nodule processing facilities must be submitted with the application in 

accordance with the details in Sec. 971.606.