§ 400.31 - General application provisions and pre-docketing review.

§ 400.31 General application provisions and pre-docketing review.

Cross Reference

Link to an amendment published at 89 FR 8528, Feb. 8, 2024.

(a) In general. Sections 400.31–400.36 and 400.38 outline the procedures to be followed in docketing and processing applications submitted under §§ 400.21, 400.23, 400.24(b), and 400.25. In addition, these sections set forth the time schedules which will ordinarily apply in processing applications. The schedules will guide applicants with respect to the time frames for each of the procedural steps involved in the Board's review. Under these schedules, applications for subzone designation will generally be processed within 5 months (3 months for applications subject to § 400.36(f)) and applications to establish or expand zones will generally be processed within 10 months. The general timeframe to process applications for production authority is 12 months, but additional time is most likely to be required for applications requesting production authority when a complex or controversial issue is involved or when the applicant or other party has obtained a time extension for a particular procedural step. The timeframes specified apply from the time of docketing. Each applicant is responsible for submitting an application that meets the docketing requirements in a timeframe consistent with the applicant's need for action on its request.

(b) Pre-docketing review. The grantee applicant shall submit a single complete copy of an application for pre-docketing review. (For requests relating to production in already approved zone or subzone space, the request may be submitted by the operator, provided the operator at the same time furnishes a copy of the request to the grantee.) The Executive Secretary shall determine whether the application satisfies the requirements of §§ 400.12, 400.21, and 400.23–40023 through 400.25, and other applicable provisions of this part such that the application is sufficient for docketing. If The applicant shall be notified within 30 days whether the pre-docketing copy of the application is deficientsufficient. If the application is not sufficient, the Executive Secretary shall notify the applicant within 30 days of receipt of the pre-docketing copy, specifying the applicant will be notified of the specific deficiencies. An affected zone participant may also be contacted regarding relevant application elements requiring additional information or clarification. If the applicant does not correct the deficiencies and submit a corrected pre-docketing application copy within 30 days of notification, the pre-docketing application (single copy) shall be discarded. For applications subject to § 400.29, the fees shall be paid in accordance with § 400.29 once the application is determined to be sufficient.

[77 FR 12139, Feb. 28, 2012, as amended at 89 FR 8528, Feb. 8, 2024]