[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR970.407]

[Page 322]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 970--DEEP SEABED MINING REGULATIONS FOR EXPLORATION LICENSES--Table of Contents
 
                Subpart D--Certification of Applications
 
Sec. 970.407  Denial of certification.

    (a) The Administrator may deny certification of an application if he 
finds that the requirements of this subpart have not been met. If, in 
the course of reviewing an application for certification, the 
Administrator becomes aware of the fact that one or more of the 
requirements for issuance or transfer under Secs. 970.503 through 
970.507 will not be met, he may also deny certification of the 
application.
    (b) When the Administrator proposes to deny certification he will 
send to the applicant, and publish in the Federal Register, written 
notice of intention to deny certification. Such notice will include:
    (1) The basis upon which the Administrator proposes to deny 
certification; and
    (2) If the basis for the proposed denial is a deficiency which the 
Administrator believes the applicant can correct:
    (i) The action believed necessary to correct the deficiency; and
    (ii) The time within which any correctable deficiency must be 
corrected (the period of time may not exceed 180 days except as 
specified by the Administrator for good cause).
    (c) The Administrator will deny certification:
    (1) On the 30th day after the date the notice is sent to the 
applicant, under paragraph (b) of this section, unless before such 30th 
day the applicant files with the Administrator a written request for an 
administrative review of the proposed denial; or
    (2) On the last day of the period established under paragraph 
(b)(2)(ii) of this section in which the applicant must correct a 
deficiency, if such deficiency has not been corrected before such day 
and an administrative review requested pursuant to paragraph (c)(1) of 
this section is not pending or in progress.
    (d) If a timely request for administrative review of the proposed 
denial is made by the applicant under paragraph (c)(1) of this section, 
the Administrator will promptly begin a formal hearing in accordance 
with Subpart I of 15 CFR part 971. If the proposed denial is the result 
of a correctable deficiency, the administrative review will proceed 
concurrently with any attempts to correct the deficiency, unless the 
parties agree otherwise or the administrative law judge orders 
differently.
    (e) If the Administrator denies certification, he will send to the 
applicant written notice of the denial, including the reasons therefor.
    (f) Any final determination by the Administrator granting or denying 
certification is subject to judicial review as provided in Chapter 7 of 
Title 5, United States Code.

[46 FR 45902, Sept. 15, 1981, as amended at 54 FR 547, Jan. 6, 1989]