[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: 15CFR971.417]



[Page 356-357]

 

                  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. 971.417  Suspension or modification of activities; suspension or 

revocation of permits.



    (a) The Administrator may:

    (1) In addition to, or in lieu of, the imposition of any civil 

penalty under subpart J of this part, or in addition to the imposition 

of any fine under subpart J, suspend or revoke any permit issued under 

this part, or suspend or modify any particular activities under such a 

permit, if the permittee substantially fails to comply with any 

provision of the Act, this part, or any term, condition or restriction 

of the permit; and

    (2) Suspend or modify particular activities under any permit, if the 

President determines that such suspension or modification is necessary:

    (i) To avoid any conflict with any international obligation of the 

United States established by any treaty or convention in force with 

respect to the United States; or

    (ii) To avoid any situtation which may reasonably be expected to 

lead to a breach of international peace and security involving armed 

conflict.

    (b) Any action taken by the Administrator in accordance with 

paragraph (a)(1) will proceed pursuant to the procedures in Sec. 

971.1003. Any action taken in accordance with paragraph (a)(2) will 

proceed pursuant to paragraphs (c) through (i) of this section, other 

than paragraph (h)(2).

    (c) Prior to taking any action specified in paragraph (a)(2) the 

Administrator will publish in the Federal Register, and send to the 

permittee, written notice of the proposed action. The notice will 

include:

    (1) The basis of the proposed action; and

    (2) If the basis for the proposed action is a deficiency which the 

Administrator believes the permittee can correct:

    (i) The action 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).

    (d) The Administrator will take the proposed action:

    (1) On the 30th day after the date notice is sent to the permittee, 

under paragraph (c) of this section, unless before the 30th day the 

permittee files with the Administrator a written request for an 

administrative review of the proposed action; or



[[Page 357]]



    (2) On the last day of the period established under paragraph 

(c)(2)(ii) in which the permittee must correct the deficiency, if such 

deficiency has not been corrected before that day and an administrative 

review requested pursuant to paragraph (d)(1) is not pending or in 

progress.

    (e) If a timely request for administrative review of the proposed 

denial is made by the permittee under paragraph (d)(1) of this section, 

the Administrator will promptly begin a formal hearing in accordance 

with subpart I of this part. 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.

    (f) The Administrator will serve on the permittee, and publish in 

the Federal Register, written notice of the action taken including the 

reasons therefor.

    (g) Any final determination by the Administrator to take the 

proposed action is subject to judicial review as provided in chapter 7 

of title 5, United States Code.

    (h) The issuance of any notice of proposed action under this section 

will not affect the continuation of commercial recovery activities by a 

permittee. The provisions of paragraphs (c), (d), (e) and the first 

sentence of this paragraph (h) of this section will not apply when:

    (1) The President determines by Executive Order that an immediate 

suspension or modification of particular activities under that permit, 

is necessary for the reasons set forth in paragraph (a)(2); or

    (2) The Administrator determines that immediate suspension of such a 

permit or immediate suspension or modification of particular activities 

under a permit, is necessary to prevent a significant adverse 

environmental effect or to preserve the safety of life or property at 

sea, and the Administrator issues an emergency order in accordance with 

Sec. 971.1003(d)(4).

    (i) The Administrator will immediately rescind the suspension order 

as soon as he has determined that the cause for suspension has been 

removed.



                   Terms, Conditions and Restrictions