[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: 15CFR922.50]



[Page 126-127]

 

                  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 127]]



    (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]