[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.106]

[Page 41-42]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 904--CIVIL PROCEDURES--Table of Contents
 
                       Subpart B--Civil Penalties
 
Sec. 904.106  Compromise of civil penalty.

    (a) NOAA, in its sole discretion, may compromise, modify, remit, or 
mitigate, with or without conditions, any civil penalty imposed, or 
which is subject to imposition, except as stated in paragraph (d) of 
this section.
    (b) The compromise authority of NOAA under this section is in 
addition to any similar authority provided in any applicable statute or 
regulation, and may be exercised either upon the initiative of NOAA or 
in response to a request by the alleged violator or other interested 
person. Any such request should be sent to Agency counsel at the address 
specified in the NOVA.
    (c) Neither the existence of the compromise authority of NOAA under 
this section nor NOAA's exercise thereof at any time changes the date 
upon which an assessment is final or payable.
    (d) Exception. NOAA will not compromise, modify, or remit a civil 
penalty imposed, or subject to imposition, under the Deep Seabed Hard 
Mineral

[[Page 42]]

Resources Act while an action to review or recover the penalty is 
pending in a court of the United States.