[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: 15CFR971.409]

[Page 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. 971.409  Denial of issuance or transfer.

    (a) The Administrator may deny issuance or transfer of a permit if 
he finds that the applicant or the proposed commercial recovery 
activities do not meet the rquirements of this part for the issuance or 
transfer of a permit.
    (b) When the Administrator proposes to deny issuance or transfer, he 
will send to the applicant, via certified mail, return receipt 
requested, and publish in the Federal Register, written notice of his 
intention to deny issuance or transfer. The notice will include:
    (1) The basis upon which the Administrator proposes to deny issuance 
or transfer; 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 issuance or transfer:
    (1) On the 30th day after the date the notice is received by the 
applicant under paragraph (b) of this 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 the 
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 in accordance 
with subpart I. 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.
    (e) If the Administrator denies issuance or transfer, the 
Administrator will send to the applicant written notice of final denial, 
including the reasons therefor.
    (f) Any final determination by the Administrator granting or denying 
issuance or transfer of a permit is subject to judicial review as 
provided in chapter 7 of title 5, United States Code.