Sec.  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]