[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR970.511]

[Page 329-330]
 
                  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 E_Issuance/Transfer/Terms, Conditions and Restrictions
 
Sec. 970.511  Suspension or modification of activities; suspension or revocation 
of licenses.

    (a) The Administrator may:
    (1) In addition to, or in lieu of, the imposition of any civil 
penalty under subpart J of 15 CFR part 971, or in addition to the 
imposition of any fine under subpart J, suspend or revoke any license 
issued under this part, or suspend or modify any particular activities 
under such a license, if the licensee substantially fails to comply with 
any provision of the Act, this part, or any term, condition or 
restriction of the license; and
    (2) Suspend or modify particular activities under any license, 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

[[Page 330]]

    (ii) To avoid any situation 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 15 CFR 
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) of this 
section the Administrator will publish in the Federal Register, and send 
to the licensee, 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 licensee can correct:
    (i) The action believed necessary to correct the deficiency; and
    (ii) The time within which any correctable deficiency must be 
corrected (this period of time may not 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 the notice is sent to the 
licensee, under paragraph (c) of this section, unless before such 30th 
day the licensee files with the Administrator a written request for an 
administrative review of the proposed action; or
    (2) On the last day of the period established under paragraph 
(c)(2)(ii) of this section in which the licensee must correct the 
deficiency, if such deficiency has not been corrected before such day 
and an administrative review requested pursuant to paragraph (d)(1) of 
this section is not pending or in progress.
    (e) If a timely request for administrative review of the proposed 
action is made by the licensee under paragraph (d)(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 action 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 licensee, 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 exploration activities by a 
licensee, except as provided in paragraph (i) of this section.
    (i) The provisions of paragraphs (c), (d), (e) and (h) of this 
section will not apply when:
    (1) The President determines by Executive Order that an immediate 
suspension of a license, or immediate suspension or modification of 
particular activities under such license, is necessary for the reasons 
set forth in paragraph (a)(2) of this section; or
    (2) The Administrator determines that immediate suspension of such a 
license, or immediate suspension or modification of particular 
activities under a license, is necessary to prevent a significant 
adverse effect on the environment 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).
    (j) The Administrator will immediately rescind the emergency order 
as soon as he has determined that the cause for the order has been 
removed.

[46 FR 45903, Sept. 15, 1981, as amended at 54 FR 548, Jan. 6, 1989]