[Code of Federal Regulations]
[Title 50, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR13.29]

[Page 48-49]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR
 
PART 13--GENERAL PERMIT PROCEDURES--Table of Contents
 
                    Subpart C--Permit Administration
 
Sec. 13.29  Review procedures.

    (a) Request for reconsideration. Any person may request 
reconsideration of an action under this part if that person is one of 
the following:
    (1) An applicant for a permit who has received written notice of 
denial;
    (2) An applicant for renewal who has received written notice that a 
renewal is denied;
    (3) A permittee who has a permit amended, suspended, or revoked, 
except for those actions which are required by changes in statutes or 
regulations, or are emergency changes of limited applicability for which 
an expiration date is set within 90 days of the permit change; or
    (4) A permittee who has a permit issued or renewed but has not been 
granted authority by the permit to perform all activities requested in 
the application, except when the activity requested is one for which 
there is no lawful authority to issue a permit.
    (b) Method of requesting reconsideration. Any person requesting 
reconsideration of an action under this part must comply with the 
following criteria:
    (1) Any request for reconsideration must be in writing, signed by 
the person requesting reconsideration or by the legal representative of 
that person, and must be submitted to the issuing officer.
    (2) The request for reconsideration must be received by the issuing 
officer within 45 calendar days of the date of notification of the 
decision for which reconsideration is being requested.
    (3) The request for reconsideration shall state the decision for 
which reconsideration is being requested and shall state the reason(s) 
for the reconsideration, including presenting any new information or 
facts pertinent to the issue(s) raised by the request for 
reconsideration.
    (4) The request for reconsideration shall contain a certification in 
substantially the same form as that provided by Sec. 13.12(a)(5). If a 
request for reconsideration does not contain such certification, but is 
otherwise timely and appropriate, it shall be held and the person 
submitting the request shall be given written notice of the need to 
submit the certification within 15 calendar days. Failure to submit 
certification shall result in the request being rejected as insufficient 
in form and content.
    (c) Inquiry by the Service. The Service may institute a separate 
inquiry into the matter under consideration.
    (d) Determination of grant or denial of a request for 
reconsideration. The issuing officer shall notify the permittee of the 
Service's decision within 45 days of the receipt of the request for 
reconsideration. This notification shall be in writing, shall state the 
reasons for the decision, and shall contain a description of the 
evidence which was relied upon by the issuing officer. The notification 
shall also provide information concerning the right to appeal, the 
official to whom an appeal may be addressed, and the procedures for 
making an appeal.
    (e) Appeal. A person who has received an adverse decision following 
submission of a request for reconsideration may submit a written appeal 
to the Regional Director for the region in which the issuing office is 
located, or to the Director for offices which report directly to the 
Director. An appeal must be submitted within 45 days of the date of the 
notification of the decision on the request for reconsideration. The 
appeal shall state the reason(s) and issue(s) upon which the appeal is 
based and may contain any additional evidence or arguments to support 
the appeal.
    (f) Decision on appeal. (1) Before a decision is made concerning the 
appeal the appellant may present oral arguments before the Regional 
Director or the Director, as appropriate, if such official judges oral 
arguments are necessary to clarify issues raised in the written record.
    (2) The Service shall notify the appellant in writing of its 
decision within 45 calendar days of receipt of the appeal,

[[Page 49]]

unless extended for good cause and the appellant notified of the 
extension.
    (3) The decision of the Regional Director or the Director shall 
constitute the final administrative decision of the Department of the 
Interior.

[54 FR 38149, Sept. 14, 1989]