[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: 15CFR971.302]

[Page 351]
 
                  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 C_Certification of Applications
 
Sec. 971.302  Denial of certification.

    (a) The Administrator may deny certification of an application if 
the Administrator finds that the requirements of this subpart, or the 
requirements for issuance or transfer under Sec. 971.403 through Sec. 
971.408, have not been met.
    (b) When the Administrator proposes to deny certification the 
Administrator will send to the applicant, via certified mail, return 
receipt requested, and publish in the Federal Register, written notice 
of intention to deny certification. The 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 (not to 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 received by the 
applicant, under paragraph (b) of the section, unless before the 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) in which the applicant must correct a deficiency, if that 
deficiency has not been corrected before that day and an administrative 
review requested pursuant to paragraph (c)(1) 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. 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.