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(2) Tim efram efor review. W ithin 60 days of the date on w hch an applicant subm its a request seeking approval under <br />this section, the State or local government shall approve the application unless it determ nes that the application is <br />not covered by this section. <br />(3) Tolling of the tim efram efor review. The 60-day period begins to run w hen the application is filed, and maybe tolled <br />only by m utual agreem ent or in cases w here the review hg State or local governm ent determ ines that the <br />application is incom plete. The tim efram efor review is not tolled by a m oratorium on the review of applications. <br />(i) To toll the tim efram efor incompleteness, the review hg State or local government must provide w itten notice <br />to the applicant w thin 30 days of receipt of the application, clearly and specifically delineating all m issing <br />docum ents or inform ation. Such delineated inform ation is lim ited to docum ents or inform ation m eeting the <br />standard under paragraph (c)(1) of this section. <br />(ii) Thetimeframefor review begins running again w len the applicant makes a supplemental submission in <br />response to the State or local government's notice of incom pleteness. <br />(iii) Follow hg a supplemental subm ission, the State or local government w II have 10 days to notify the applicant <br />that the supplem ental subm ission did not provide the inform ation identified in the original notice delineating <br />m issing inform ation. The tim efram a is tolled in the case of second or subsequent notices pursuant to the <br />procedures identified in this paragraph (c)(3). Second or subsequent notices of incom pleteness m ay not <br />specify m issing docum ents or inform ation that w Ere not delineated in the original notice of incom pleteness. <br />(4) Failure to act. In the event the review hg State or local government fails to approve or deny a request seeking <br />approval under this section w thin the tim efram efor review (accounting for any tolling), the request shall be deem ed <br />granted. The deem ed grant does not becom eeffective until the applicant notifies the applicable review hg authority <br />in w iting after the review period has expired (accounting for any tolling) that the application has been deem ed <br />granted. <br />(5) Remedies. Applicants and review hg authorities may bring claims related to Section 6409(a) to any court of <br />corn petent jurisdiction. <br />[80 FR 1269, Jan. 8, 2015. Redesignated and am ended at 83 FR 51886, Oct. 15, 2018; 85 FR 78018, Dec. 3, 2020] <br />