[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: 15CFR922.50]

[Page 127-128]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 922_NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS--Table of Contents
 
             Subpart E_Regulations of General Applicability
 
Sec. 922.50  Appeals of administrative action.

    (a)(1) Except for permit actions taken for enforcement reasons (see 
subpart D of 15 CFR part 904 for applicable procedures), an applicant 
for, or a holder of, a National Marine Sanctuary permit; an applicant 
for, or a holder of, a Special Use permit issued pursuant to section 310 
of the Act; a person requesting certification of an existing lease, 
permit, license or right of subsistence use or access under Sec. 
922.47; or, for those Sanctuaries described in Subparts L through P and 
Subpart R, an applicant for a lease, permit, license or other 
authorization issued by any Federal, State, or local authority of 
competent jurisdiction (hereinafter appellant) may appeal to the 
Assistant Administrator:
    (i) The granting, denial, conditioning, amendment, suspension or 
revocation by the Director of a National Marine Sanctuary or Special Use 
permit;
    (ii) The conditioning, amendment, suspension or revocation of a 
certification under Sec. 922.47; or

[[Page 128]]

    (iii) For those Sanctuaries described in Subparts L through P and 
Subpart R, the objection to issuance of or the imposition of terms and 
conditions on a lease, permit, license or other authorization issued by 
any Federal, State, or local authority of competent jurisdiction.
    (2) For those National Marine Sanctuaries described in Subparts F 
through K, any interested person may also appeal the same actions 
described in Sec. 922.50(a)(1)(i) and (ii). For appeals arising from 
actions taken with respect to these National Marine Sanctuaries, the 
term ``appellant'' includes any such interested persons.
    (b) An appeal under paragraph (a) of this section must be in 
writing, state the action(s) by the Director appealed and the reason(s) 
for the appeal, and be received within 30 days of receipt of notice of 
the action by the Director. Appeals should be addressed to the Assistant 
Administrator for Ocean Services and Coastal Zone Management, NOAA 1305 
East-West Highway, 13th Floor, Silver Spring, MD 20910.
    (c)(1) The Assistant Administrator may request the appellant to 
submit such information as the Assistant Administrator deems necessary 
in order for him or her to decide the appeal. The information requested 
must be received by the Assistant Administrator within 45 days of the 
postmark date of the request. The Assistant Administrator may seek the 
views of any other persons. For the Monitor National Marine Sanctuary, 
if the appellant has requested a hearing, the Assistant Administrator 
shall grant an informal hearing. For all other National Marine 
Sanctuaries, the Assistant Administrator may determine whether to hold 
an informal hearing on the appeal. If the Assistant Administrator 
determines that an informal hearing should be held, the Assistant 
Administrator may designate an officer before whom the hearing shall be 
held.
    (2) The hearing officer shall give notice in the Federal Register of 
the time, place and subject matter of the hearing. The appellant and the 
Director may appear personally or by counsel at the hearing and submit 
such material and present such arguments as deemed appropriate by the 
hearing officer. Within 60 days after the record for the hearing closes, 
the hearing officer shall recommend a decision in writing to the 
Assistant Administrator.
    (d) The Assistant Administrator shall decide the appeal using the 
same regulatory criteria as for the initial decision and shall base the 
appeal decision on the record before the Director and any information 
submitted regarding the appeal, and, if a hearing has been held, on the 
record before the hearing officer and the hearing officer's recommended 
decision. The Assistant Administrator shall notify the appellant of the 
final decision and he reason(s) therefore in writing. The Assistant 
Administrator's decision shall constitute final agency action for the 
purpose of the Administrative Procedure Act.
    (e) Any time limit prescribed in or established under this section 
other than the 30-day limit for filing an appeal may be extended by the 
Assistant Administrator or hearing office for good cause.

[60 FR 66877, Dec. 27, 1995, as amended at 62 FR 4608, Jan. 30, 1997; 65 
FR 39056, June 22, 2000; 65 FR 60097, Oct. 10, 2000]