[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR135.223]

[Page 66-67]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 135--OFFSHORE OIL POLLUTION COMPENSATION FUND--Table of Contents
 
       Subpart C--Financial Responsibility for Offshore Facilities
 
Sec. 135.223  Certificates, denial or revocation.

    (a) A certificate may be denied or revoked for any of the following 
reasons:
    (1) Making any willfully false statement to the Fund Administrator 
in connection with establishing or maintaining evidence of financial 
responsibility.
    (2) Failure of an applicant or certificant to establish or maintain 
evidence of financial responsibility as required by the regulations in 
this subpart.
    (3) Failure to comply with or respond to inquiries, regulations, or 
orders of the Fund Administrator concerning establishing or maintaining 
evidence of financial responsibility.
    (4) Failure to timely file the reports or documents required by Sec. 
135.213 (c) and (d).
    (5) Cancellation or termination of any insurance policy, surety 
bond, indemnity, or guaranty issued under this subpart or modification 
thereto which reduces the financial capacity of the applicant or 
certificant to meet the requirements of this subpart, unless substitute 
evidence of financial responsibility has been submitted to and accepted 
by the Fund Administrator.
    (b) Denial or revocation of a certificate shall be immediate and 
without prior notice in a case where the applicant or certificant:
    (1) Is no longer the owner or operator of the offshore facility in 
question;
    (2) Fails to furnish acceptable evidence of financial responsibility 
in support of an application; or
    (3) Permits the cancellation or termination of the insurance policy, 
surety bond, indemnity, or guaranty upon which the continued validity of 
the certificate is based.
    (c) In any other case, before the denial or revocation of a 
certificate, the Fund Administrator advises the applicant or 
certificant, in writing, of the intention to deny or revoke the 
certificate, and shall state the reason therefor.
    (d) If the reason for an intended revocation is failure to file the 
reports or documents required by Sec. 135.213 (c) and (d) the revocation 
shall be effective 10 days after the date of receipt of the notice of 
intention to revoke, unless the certificant shall, before revocation, 
submit the required material or demonstrate that the required material 
was timely filed.
    (e) If the intended denial or revocation is based upon one of the 
reasons in paragraph (a)(1) or (a)(3) of this section, the applicant or 
certificant may request, in writing, a hearing to show that the 
applicant or certificant is in compliance with this subpart. If the 
applicant or certificant fails to file a timely request for a hearing, 
the denial or revocation is effective 10 days after receipt of the 
notice.
    (f) If a request for a hearing under paragraph (e) of this section 
is received by the Fund Administrator within 10

[[Page 67]]

days after the date of receipt of a notice of intention to deny or 
revoke, the Fund Administrator grants a hearing and notifies the 
requesting party of the date, time, and location of the hearing. If a 
requesting party fails to enter an appearance at the scheduled hearing, 
or in lieu thereof fails to submit written evidence for the 
consideration of the hearing official, denial or revocation is effective 
as of the scheduled date and time of the hearing, unless an extension of 
time is granted by the Fund Administrator for good cause shown.
    (g) Hearings under this section are informal and are conducted by an 
official designated by the Fund Administrator. The official conducting 
the hearing considers all relevant material submitted and makes 
recommendations to the Fund Administrator.
    (h) The Fund Administrator's decision is final agency action.