[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: 15CFR971.417]

[Page 353-354]
 
                  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. 971.417  Suspension or modification of activities; suspension or revocation of permits.

    (a) The Administrator may:
    (1) In addition to, or in lieu of, the imposition of any civil 
penalty under subpart J of this part, or in addition to the imposition 
of any fine under subpart J, suspend or revoke any permit issued under 
this part, or suspend or modify any particular activities under such a 
permit, if the permittee substantially fails to comply with any 
provision of the Act, this part, or any term, condition or restriction 
of the permit; and
    (2) Suspend or modify particular activities under any permit, if the 
President determines that such suspension or modification is necessary:
    (i) To avoid any conflict with any international obligation of the 
United States established by any treaty or convention in force with 
respect to the United States; or
    (ii) To avoid any situtation which may reasonably be expected to 
lead to a breach of international peace and security involving armed 
conflict.
    (b) Any action taken by the Administrator in accordance with 
paragraph (a)(1) will proceed pursuant to the procedures in 
Sec. 971.1003. Any action taken in accordance with paragraph (a)(2) will 
proceed pursuant to paragraphs (c) through (i) of this section, other 
than paragraph (h)(2).
    (c) Prior to taking any action specified in paragraph (a)(2) the 
Administrator will publish in the Federal Register, and send to the 
permittee, written notice of the proposed action. The notice will 
include:
    (1) The basis of the proposed action; and
    (2) If the basis for the proposed action is a deficiency which the 
Administrator believes the permittee can correct:
    (i) The action necessary to correct the deficiency; and
    (ii) The time within which any correctable deficiency must be 
corrected (not to exceed 180 days except as specified by the 
Administrator for good cause).
    (d) The Administrator will take the proposed action:
    (1) On the 30th day after the date notice is sent to the permittee, 
under paragraph (c) of this section, unless before the 30th day the 
permittee files with the Administrator a written request for an 
administrative review of the proposed action; or

[[Page 354]]

    (2) On the last day of the period established under paragraph 
(c)(2)(ii) in which the permittee must correct the deficiency, if such 
deficiency has not been corrected before that day and an administrative 
review requested pursuant to paragraph (d)(1) is not pending or in 
progress.
    (e) If a timely request for administrative review of the proposed 
denial is made by the permittee under paragraph (d)(1) of this section, 
the Administrator will promptly begin a formal hearing in accordance 
with subpart I of this part. If the proposed denial is the result of a 
correctable deficiency, the administrative review will proceed 
concurrently with any attempt to correct the deficiency, unless the 
parties agree otherwise or the administrative law judge orders 
differently.
    (f) The Administrator will serve on the permittee, and publish in 
the Federal Register, written notice of the action taken including the 
reasons therefor.
    (g) Any final determination by the Administrator to take the 
proposed action is subject to judicial review as provided in chapter 7 
of title 5, United States Code.
    (h) The issuance of any notice of proposed action under this section 
will not affect the continuation of commercial recovery activities by a 
permittee. The provisions of paragraphs (c), (d), (e) and the first 
sentence of this paragraph (h) of this section will not apply when:
    (1) The President determines by Executive Order that an immediate 
suspension or modification of particular activities under that permit, 
is necessary for the reasons set forth in paragraph (a)(2); or
    (2) The Administrator determines that immediate suspension of such a 
permit or immediate suspension or modification of particular activities 
under a permit, is necessary to prevent a significant adverse 
environmental effect or to preserve the safety of life or property at 
sea, and the Administrator issues an emergency order in accordance with 
Sec. 971.1003(d)(4).
    (i) The Administrator will immediately rescind the suspension order 
as soon as he has determined that the cause for suspension has been 
removed.

                   Terms, Conditions and Restrictions