[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: 15CFR971.412]



[Page 354]

 

                  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 D_Issuance/Transfer: Terms, Conditions and Restrictions

 

Sec. 971.412  Changes in permits and permit terms, conditions, and 

restrictions.



    (a) During the duration of a commercial recovery permit, changes in 

the permit or its associated commercial recovery plan may be initiated 

by either the permittee or the Administrator.

    (b) A significant change is one which, if approved, would result in:

    (1) An increase of more than five percent in the size of the 

commercial recovery area; or

    (2) A change in the location of five percent or more of the 

commercial recovery area.

    (c) A major change is one affecting one or more of:

    (1) The bases for certifying the original application pursuant to 

Sec. 971.301;

    (2) The bases for issuing or transferring the permit pursuant to 

Sec. 971.403 through Sec. 971.408;

    (3) The TCRs issued as part of the permit pursuant to Sec. Sec. 

971.418 through 971.430; or

    (4) The ownership of a permittee (or the membership of the joint 

venture, partnership or other entity on whose behalf the permit was 

issued); and which change is sufficiently broad in scope to raise a 

question as to:

    (i) The permittee's ability to meet the requirements of the sections 

cited in paragraphs (c)(1) and (2) of this section;

    (ii) The sufficiency of the TCRs to accomplish their intended 

purpose; or

    (iii) The antitrust characteristic of the permittee.

    (d) A minor change is one that is clearly more modest in scope than 

the changes described in paragraph (b) or (c) of this section.

    (e) A permittee may not implement a significant or major change, as 

defined in paragraphs (b) and (c) of this section, until an application 

for revision of the permit or its associated commercial recovery plan 

has been approved by the Administrator. However, advance notice of 

proposed major changes in a permittee's corporate membership or legal 

structure is not required, unless practicable, but the Administrator 

expects prompt notification of the occurrence of such a major change.

    (f) A proposed significant or major change, as defined in paragraphs 

(b) and (c) of this section, may trigger the need for additional review, 

under the Federal consistency provisions of the Coastal Zone Management 

Act of 1972, as amended.