§  78.21   Dismissal of applications.

   (a) Any application may, on request of the applicant, be dismissed
   without prejudice as a matter of right prior to the adoption date of
   any final action taken by the Commission with respect to the
   application. An applicant's request for the return of an application
   will be regarded as a request for dismissal.

   (b) Failure to prosecute an application, or failure to respond to
   official correspondence or request for additional information, will be
   cause for dismissal. Such dismissal will be without prejudice if it
   occurs prior to the adoption date of any final action taken by the
   Commission with respect to the application.

   [ 37 FR 15927 , Aug. 8, 1972]