[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: 15CFR970.508]



[Page 327-328]

 

                  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. 970.508  Denial of issuance or transfer.



    (a) The Administrator may deny issuance or transfer of a license if 

he finds that the applicant or the proposed exploration activities do 

not meet the requirements of this part for the issuance or transfer of a 

license.

    (b) When the Administrator proposes to deny issuance or transfer, he 

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

notice of such intention to deny issuance or transfer. Such 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 (the period of time may not exceed 180 days except as 

specified by the Administrator for good cause).





The Federal Register notice will not include the coordinates of the 

proposed exploration area.

    (c) The Administrator will deny issuance or transfer:

    (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



[[Page 328]]



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 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, 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 

issuance of a license is subject to judicial review as provided in 

chapter 7 of title 5, United States Code.



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