[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: 15CFR971.409]



[Page 353]

 

                  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.