[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: 15CFR971.302]



[Page 350]

 

                  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.