[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: 15CFR971.211]



[Page 347-348]

 

                  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. 971.211  Consultation and cooperation with Federal agencies.



    (a) Promptly after receipt of an application that the Administrator 

has



[[Page 348]]



determined pursuant to Sec. 971.210 is complete, the Administrator will 

distribute a copy of the application to every 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 (e.g., the 

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

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

Federal Trade Commission, International Trade 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, recommend certification of 

the application, issuance or transfer of the permit, 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 section 103(d) of the Act, must be submitted within 90 days 

after their receipt of a copy of the application.

    (b) NOAA will use this process of consultation and cooperation to 

facilitate necessary Federal decisions on proposed commercial recovery 

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. The Administrator will not issue 

or transfer the permit during the 90 day period after receipt by the 

Attorney General and the Federal Trade Commission except upon written 

confirmation of the Attorney General and the Federal Trade Commission 

that neither intends to submit further comments or recommendations with 

respect to the application.

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

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

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

responsibility and how the application may be amended, or how TCRs might 

be added to the permit, to assure compliance with such law or 

regulation.

    (d) NOAA will cooperate with such agencies and with the applicant 

with the goal of resolving any concerns raised and satisfying the 

statutory responsibilities of these agencies.

    (e) If the Administrator decides to issue or transfer a permit with 

respect to which denial of the issuance or transfer has been recommended 

by the Attorney General or the Federal Trade Commission, or to issue or 

transfer a permit without imposing TCRs recommended by the Attorney 

General or the Federal Trade Commission, as appropriate, the 

Administrator will, before or at issuance or transfer of the permit, 

notify the Attorney General and the Federal Trade Commission of the 

reasons for his decision.