629 



have a preferential right to renew his license subject 

 to the requirements of subsection (c) of this section, 

 upon such conditions and for such term, not to ex- 

 ceed an additional 10 years upon each renewal, as 

 the Secretary determines to be reasonable and ap- 

 propriate. (Pub. L. 93-627, § 4, Jan. 3, 1975, 88 Stat 

 2128.) 

 § 1504. Procedure. 



(a) Regulations; issuance, amendment, or rescission; 

 scope. 



The Secretary shall, as soon as practicable after 

 January 3, 1975, and after consultation with other 

 Federal agencies, issue regulations to carry out the 

 purposes and provisions of this chapter in accord- 

 ance with the provisions of section 553 of title 5. 

 without regard to subsection (a) thereof. Such reg- 

 ulations shall pertain to, but need not be limited to, 

 application, issuance, transfer, renewal, suspension, 

 and termination of licenses. Such regulations shall 

 provide for full consultation and cooperation with 

 all other interested Federal agencies and depart- 

 ments and with any potentially affected coastal 

 State, and for consideration of the views of any in- 

 terested members of the general public. The Secre- 

 tary is further authorized, consistent with the pur- 

 poses and provisions of this chapter, to amend or 

 rescind any such regulation. 



(b) Additional regulations; criteria for site evaluation 

 and preconstruction testing. 



The Secretary, in consultation with the Secretary 

 of the Interior and the Administrator of the Na- 

 tional Oceanic and Atmospheric Administration, 

 shall, as soon as practicable after January' 3. 1975, 

 prescribe regulations relating to those activities in- 

 volved in site evaluation and preconstruction test- 

 ing at potential deepwater port locations that may 

 (1) adversely affect the environment; (2) interfere 

 with authorized uses of the Outer Continental Shelf ; 

 or (3) pose a threat to human health and welfare. 

 Such activity may thenceforth not be undertaken 

 except in accordance with regulations prescribed 

 pursuant to this subsection. Such regulations shall 

 be consistent with the purposes of this chapter. 



(c) Plans; submittal to Secretary of Transporta'ion; 

 publication in Fedeial Register; application con- 

 tents. 



(1) Any person making an application under this 

 chapter shall submit detailed plans to the Secretary. 

 Within 21 days after the receipt of an application, 

 the Secretary shall determine whether the applica- 

 tion appears to contain all of the information re- 

 quired by paragraph (2) hereof. If the Secretary 

 determines that such information appears to be 

 contained in the application, the Secretary shall, no 

 later than 5 days after making such a determina- 

 tion, publish notice of the application and a sum- 

 mary of the plans in the Federal Register, If the 

 Secretary determines that all of the required infor- 

 mation does not appear to be contained in the ap- 

 plication, the Secretary shall notify the applicant 

 and take no further action with respect to the ap- 

 plication until sucli deficiencies have been remedied. 



(2) Each application shall include such financial. 



technical, and other information as the Secretary 

 deems necessary or appropriate. Such information 

 shall include, but need not be limited to — 



(A) the name, addre,-s. citizenship, telephone 

 number, and the ownership interest in the appli- 

 cant, of each person having any ownership in- 

 terest in the applicant of greater than 3 per 

 centum ; 



(B) to the extent feasible, the name, address, 

 citizenship, and telephone number of any person • 

 with whom the applicant has made, or proposes 

 to make, a significant contract for the construc- 

 tion or operation of the deepwater port, and a 

 copy of any such contract ; 



(C> the name, address, citizenship, and tele- 

 phone number of each affiliate of the applicant 

 and of any person required to be disclosed pur- 

 suant to subparagraphs (A) or (B) of this para- 

 graph, together with a description of the manner 

 in which such affiliate is associated with the ap- 

 plicant or any person required to be disclosed 

 under subparagraph (.A) or <B> of this paragraph; 



(D) the proposed location arid capacity of the 

 deepwater port, including all components thereof; 



(E) the type and design of all components of 

 the deepwater port and any storage facilities as- 

 sociated with the deepwater port; 



fF) with respect to construction in phases, a- 

 detailed description of each phase, including an- 

 ticipated dates of completion for each of the 

 speific components thereof; 



(G) the location and capacity of existing and 

 proposed storage facilities and pipelines which will 

 store or transport oil transported through the 

 deepwater port, to the extent known by the appli- 

 cant or any person required to be disclosed pur- 

 suant to subparagraphs (A), (B), or (C) of this 

 paragraph; 



(H) with respect to any existing and proposed 

 refineries which will receive oil transported 

 through the deenwater port, the location and ca- 

 pacitv of each snch refinerv a"d the antifinated 

 volume of .such oi' to be reP^ed bv ea^h ™ch re- 

 finery, to the extent knowTi bv the annlirant or any 

 person required to bp disclosed Dur<;uant to .'=ub- 

 par?erar>h<! (*>, fB), or 'C> of thi"? parasraph: 



(I) the financial and techrical cnnr^b'11tip.<; of 

 the applicant to construct or operate the deer- 

 water port: 



(J^ othpr quplifi'-ationp of the applicant to hold 

 a license under this chanter; 



(K> a description of procedures to be used in 

 constructing, operating, and ma'nt"inine the 

 deepwater port, including system"! of oil spill pre- 

 vention, contninment and cleanup: and 



(L) such other information as may be required 

 by the Secretary to determine the environmental 

 Impact of the proposed deepwater port. 



