[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR970.407]



[Page 325]

 

                  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 D_Certification of Applications

 

Sec. 970.407  Denial of certification.



    (a) The Administrator may deny certification of an application if he 

finds that the requirements of this subpart have not been met. If, in 

the course of reviewing an application for certification, the 

Administrator becomes aware of the fact that one or more of the 

requirements for issuance or transfer under Sec. Sec. 970.503 through 

970.507 will not be met, he may also deny certification of the 

application.

    (b) When the Administrator proposes to deny certification he will 

send to the applicant, and publish in the Federal Register, written 

notice of intention to deny certification. Such 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 (the period of time may not 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 sent to the 

applicant, under paragraph (b) of this section, unless before such 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) of this section in which the applicant must correct a 

deficiency, if such deficiency has not been corrected before such day 

and an administrative review requested pursuant to paragraph (c)(1) of 

this section 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 of 15 CFR part 971. 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.



[46 FR 45902, Sept. 15, 1981, as amended at 54 FR 547, Jan. 6, 1989]