[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR904.106]

[Page 45-46]
 
                  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

[[Page 46]]

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