[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR904.106]



[Page 44]

 

                  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 Resources Act while an action to review or recover the penalty 

is pending in a court of the United States.