Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Proposed Rules 16687 

* * * * * 

Issued in Washington, DC, on March 17, 

2022. 

Scott M. Rosenbloom, 

Manager, Airspace Rules and Regulations. 

[FR Doc. 2022–06065 Filed 3–23–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 904 

[Docket No. 220114–0015] 

RIN 0648–BI72 

Civil Procedures in Civil Administrative 

Enforcement Proceedings 

AGENCY: Office of General Counsel 

(OGC), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NOAA proposes to amend 

procedures governing its civil 

administrative enforcement 

proceedings. The principal changes 

would include updates to statutory 

references, clarifications regarding the 

Administrator’s discretionary review, 

revised directions for appealing a 

written warning, revised requirements 

for denying a request for admission, and 

revised directions for electronic service 

related to certain appeals and petitions. 

Other changes would remove the 

requirement for NOAA to challenge late 

hearing requests, simplify the use of 

electronic signatures, rename discovery 

filings, allow depositions by 

videoconference, require discovery 

filings to state when a witness is 

expected to speak in a language other 

than the English language in order to 

arrange interpretation, clarify when 

failing to pay can be a basis for permit 

sanctions, incorporate Civil Asset 

Forfeiture Reform Act deadlines into 

administrative forfeiture proceedings, 

and allow NOAA to publish a Notice of 

Proposed Forfeiture on an official 

government website. In addition, minor 

changes would update titles and 

addresses and correct clerical errors. 

DATES: Comments and information must 

be received no later than 5 p.m. Eastern 

Time on April 25, 2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

HQ–2022–0016, by any of the following 

methods: 

• Electronic submission: Submit 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

[NOAA–HQ–2022–0016] in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to: 

Office of General Counsel Enforcement 

Section (GCES), 1315 East-West 

Highway, SSMC–3—Room 15862, Silver 

Spring, MD 20910, Attn: Patrick Carroll. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NOAA. Comments 

submitted in response to this notice are 

a matter of public record. Before 

including an address, phone number, 

email address, or other personal 

identifying information in a comment, 

please be aware that comments— 

including any personal identifying 

information—can and will be made 

publicly available. While a request can 

be made to withhold personal 

identifying information from public 

review, NOAA cannot ensure that it will 

be able to do so. 

Comments received electronically 

will generally be posted to 

www.regulations.gov without change. 

For posted comments, all personal 

identifying information (e.g., name, 

address, etc.), confidential business 

information, or otherwise sensitive 

information submitted voluntarily by 

the sender will be publicly accessible. 

NOAA will accept anonymous 

comments (enter ‘‘N/A’’ in the required 

fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Patrick Carroll or Meggan Engelke-Ros, 

GCES, (301) 427–2202. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NOAA is proposing to amend the civil 

procedure regulations that apply to its 

administrative proceedings (15 CFR part 

904), as described below. This includes 

proposed changes to update the 

statutory references subject to the 

application of this chapter of the Code 

of Federal Regulations, the titles and 

addresses for various offices of NOAA, 

the procedures for collection of civil 

monetary payments, the process for 

appealing written warnings issued by an 

authorized officer, and references to the 

office of Administrative Law Judges. 

This action would also provide 

clarifications to NOAA’s filing 

requirements, requirements for an 

answering party to deny a request for 

admissions, deadlines in an 

administrative forfeiture proceeding, the 

availability of a NOAA email address to 

electronically submit appeals of written 

warnings, petitions to the 

Administrator, petitions for relief from 

forfeiture, the process to identify 

witnesses that are expected to testify in 

a foreign language, and the criteria the 

Administrator may rely on to determine 

whether or not to grant discretionary 

review. Furthermore, this action would 

add provisions to the forfeiture section 

to authorize the posting of notices 

online, and would correct erroneous 

cross-references, grammatical issues, 

internal inconsistencies, typos, and 

other clerical errors that have resulted 

from the passage of time or were 

inadvertently left unaddressed in the 

last major revision to the regulations 

and have since been identified. 

II. Proposed Revisions 

Subpart A—General 

Purpose and Scope 

Section 904.1: Paragraph (c) would be 

amended to update the list of statutes 

enforced by NOAA pursuant to the 

procedures set forth in 15 CFR part 904. 

Specifically, the proposed amendments 

would remove references to statutes that 

have been repealed and statutes that are 

not enforced by NOAA. References to 

statutes enacted, or amended to include 

civil administrative enforcement 

provisions, since 15 CFR part 904 was 

last amended, would be added. 

Definitions and Acronyms 

Section 904.2: This section would be 

amended to reflect that the 

Administrative Law Judges currently 

hearing NOAA enforcement cases do 

not have a docketing center; to clarify 

that when U.S. Coast Guard (USCG) 

personnel are accompanying or acting 

under the direction of any authorized 

officer, those USCG personnel are 

authorized officers; to clarify that it is 

the Secretary of Commerce that may 

enter into agreements with Federal and 

state agencies to enforce statutes 

administered by NOAA; to clarify that a 

written warning may be a final 

administrative decision; and to rename 

initial discovery filings. 

Filing and Service 

Section 904.3: The heading of this 

section would be simplified to reflect 

that its provisions pertain to the service 

of any documents rather than specific 

filings, such as filings with the Office of 

Administrative Law Judges. Paragraph 

(a) would be amended to clarify that the 

requirements related to service apply to 

Initial Decisions as well as to notices 

and Written Warnings, and conforming 

amendments would be made to 


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paragraphs (b), (c), and (d). Paragraphs 

(a) and (b) would also be amended to 

remove service by facsimile, given the 

diminished prevalence of this form of 

communication and the current use of 

electronic transmission. 

Computation of Time Periods 

Section 904.4: The first line of this 

section would be amended to correct a 

typographical error. 

Subpart B—Civil Penalties 

Notice of Violation and Assessment 

(NOVA) 

Section 904.101: Introductory 

paragraph (a) would be amended to 

correct a typographical error. 

Procedures Upon Receipt of a NOVA 

Section 904.102: Paragraphs (c) and 

(d) of this section would be amended to 

correct typographical errors. 

Hearing 

Section 904.103: This section would 

be removed and reserved. This is not a 

substantive change because the existing 

language merely reiterates requirements 

more clearly articulated in other 

provisions of NOAA’s civil procedures 

regulations. This revision proposes to 

delete the redundant text. 

Payment of Final Civil Penalty 

Section 904.105: Paragraph (a) would 

be amended by replacing the 

instructions for payment of civil 

penalties with language reflecting 

current practices. Instructions related to 

the form of payment are no longer 

included in the Notice of Violation and 

Assessment of civil penalty (NOVA) or 

settlement agreement, but are instead 

provided by NOAA in an initial bill. 

Joint and Several Respondents 

Section 904.107: The last sentence of 

paragraph (b) would be amended to 

ensure consistent and correct use of 

terms. 

Factors Considered in Assessing Civil 

Penalties 

Section 904.108: The last sentence of 

paragraph (e) and first sentence of 

paragraph (h) would be amended to 

reflect the fact that the Administrative 

Law Judge is assessing a penalty as a 

matter of first impression rather than 

reviewing a final agency action. 

Subpart C—Hearing and Appeal 

Processes 

Scope and Applicability 

Section 904.200: Paragraph (a) would 

be amended to clarify that this subpart 

also pertains to violations of other laws 

or authorities administered by NOAA to 

mirror the scope of § 904.1. 

Hearing Requests and Case Docketing 

Section 904.201: Paragraph (a) would 

be amended to require hearing requests 

to conform to the service requirements 

in § 904.3. Paragraph (b) would be 

inserted to clarify that a request for a 

hearing must contain current contact 

information, including an active 

telephone number and email address (if 

available), and that NOAA and the 

Office of Administrative Law Judges 

must be promptly notified of any 

changes to that information. 

Accordingly, paragraphs (b) and (c) 

would be renamed paragraphs (c) and 

(d), respectively. Paragraphs (a), (c) and 

(d), as renumbered, would be amended 

to reflect that the Administrative Law 

Judges currently hearing NOAA 

enforcement cases do not have a 

docketing center. Paragraph (c), as 

renumbered, would be amended to 

ensure consistent and correct use of 

terms. 

Filing of Documents 

Section 904.202: Paragraph (a) would 

be amended to reflect that the 

Administrative Law Judges currently 

hearing NOAA enforcement cases do 

not have a docketing center, and to 

incorporate the filing requirements 

specified at § 904.3. 

Duties and Powers of Judge 

Section 904.204: Paragraph (a) would 

be amended to reference § 904.201(c) 

rather than § 904.201(b) to reflect the 

change in the numbering of § 904.201. 

Pleadings, Motions, and Service 

Section 904.206: Paragraph (a) would 

be amended to reflect that the 

Administrative Law Judges currently 

hearing NOAA enforcement cases do 

not have a docketing center. Paragraph 

(b) would be amended to allow 

pleadings to be signed in any manner to 

allow flexibility in electronic filing. 

Expedited Administrative Proceedings 

Section 904.209: This section would 

be amended to correct a typographical 

error. 

Stipulations 

Section 904.214: This section would 

be amended to correct a typographical 

error. 

Prehearing Conferences 

Section 904.216: Introductory 

paragraph (a) of this section would be 

amended to correct a typographical 

error. 

Discovery Generally 

Section 904.240: Throughout this 

section, initial discovery filings would 

be renamed for clarity and to more 

accurately describe the purpose of these 

filings in NOAA’s administrative 

proceedings. Conforming changes 

would be made throughout 15 CFR part 

904 for consistency. Paragraph (a) 

would be amended to clarify that the 

Administrative Law Judge will set the 

deadline for the parties to submit their 

initial discovery filings. Paragraph (a)(2) 

would be amended to clarify who must 

sign the initial discovery filings, and 

that those filings must be served in 

conformance with § 904.3. Paragraph (b) 

would be amended to allow for service 

of discovery requests regarding ability to 

pay in conformance with § 904.3. 

Paragraph (f) would be amended to 

clarify that the provisions regarding the 

failure to comply with discovery 

obligations also apply to initial 

discovery filings. 

Depositions 

Section 904.241: Paragraph (a) would 

be amended to require the written 

notice of deposition to also provide the 

phone number and email address (if 

available) of the person before whom 

the deposition would be taken. 

Paragraph (c) would be amended to 

allow depositions to take place by 

videoconference. Paragraph (d) would 

be amended to clarify that the 

admissibility of depositions is 

determined under this part rather than 

the Federal Rules of Evidence, 

consistent with § 904.251, which states 

the formal rules of evidence do not 

necessarily apply. 

Interrogatories 

Section 904.242: Paragraphs (a) and 

(b) would be amended to clarify that 

service of interrogatories must be in 

conformance with § 904.3. Paragraph (a) 

would also be amended to move the 

requirement that answers to 

interrogatories be used in the same 

manner as depositions into new 

paragraph (d) to match the organization 

of other sections. 

Admissions 

Section 904.243: Paragraphs (a) and 

(b) would be amended to clarify that 

service of admission requests and 

responses must be in conformance with 

§ 904.3. Paragraph (b) would be 

amended to require a denial to fairly 

respond to the substance of the matter 

and specify which part of an answer is 

denied. Paragraph (b) would also be 

amended to require a party failing to 

admit or deny an admission to state that 

it has made reasonable inquiry and 


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Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Proposed Rules 16689 

assert that the information known or 

readily obtainable is insufficient to 

admit or deny. The proposed language 

mirrors requirements in Rule 36 of the 

Federal Rules of Civil Procedures. 

Hearings 

Section 904.250: Paragraph (a) would 

be amended to correct the internal 

reference to paragraph (d) of the same 

section regarding the scheduling of 

expedited proceedings. 

Evidence 

Section 904.251: Paragraph (a)(3) 

would be amended to clarify that 

evidence may still be presented to 

establish matters of aggravation or 

mitigation where the respondent admits 

an allegation. Existing paragraph (i) 

would be separated into two paragraphs, 

so that new paragraph (i) would address 

foreign law and new paragraph (j) 

would address foreign language 

exhibits. This is an organizational 

change with no amendments to the 

content of the rules. 

Witnesses 

Section 904.252: Paragraph (a) would 

be amended to state that certain 

witnesses are eligible to receive fees 

rather than required to receive fees; this 

change would cover circumstances 

where the witness declines to receive 

payment. Paragraph (f) would be 

amended to require a party to state in 

its initial discovery filings if a witness 

the party sponsors is expected to testify 

in a language other than the English 

language and removes the requirement 

for the party sponsoring the witness to 

provide for the services. The proposed 

change would provide more notice than 

the current requirement of advising 

opposing counsel 10 days prior to a 

hearing and would create more 

flexibility to successfully arrange for the 

use of a certified interpreter. 

Recordation of Hearing 

Section 904.260: Paragraph (b) would 

be amended to reflect that the 

Administrative Law Judges currently 

hearing NOAA enforcement cases do 

not have a docketing center. 

Record of Decision 

Section 904.270: Paragraph (b) would 

be amended to reflect that the 

Administrative Law Judges currently 

hearing NOAA enforcement cases do 

not have a docketing center. 

Initial Decision 

Section 904.271: The title and 

contents of this section would be 

amended to ensure correct 

capitalization. Conforming changes 

would be made throughout this part. 

Paragraphs (a) and (c) would be 

amended to clarify that this section 

applies to the Administrative Law 

Judge’s Initial Decision upon the case. 

Paragraph (c) would be revised to reflect 

the current title of the Chief of the 

Enforcement Section of NOAA’s Office 

of General Counsel. Paragraph (c) would 

also be amended to remove the 

reference to § 904.3 because § 904.3(a) 

already explicitly references Initial 

Decisions. 

Petition for Reconsideration 

Section 904.272: This section would 

be amended to correct typographical 

errors. 

Administrative Review of Decision 

Section 904.273: Paragraph (a) would 

be revised to update the directions for 

filing petitions for review, including by 

changing the NOAA Office of General 

Counsel section that must receive copies 

of any petitions for review, and 

providing both mail and electronic 

transmission options for service. 

Paragraph (a) would also clarify that 

service must be made in conformance 

with § 904.3(b). Paragraph (b) would be 

revised to clarify that the Administrator 

may affirm, reverse, modify or remand, 

in whole or in part, an Administrative 

Law Judge’s Initial Decision. Paragraph 

(c) would be revised to clarify the 

factors the Administrator will consider 

in determining whether to grant 

discretionary review. Paragraph (d) 

would be amended to ensure correct 

capitalization, and conforming changes 

would be made throughout this part for 

consistency. Paragraphs (i) and (k) 

would be amended to allow for service 

consistent with § 904.3. Paragraph (l)(2) 

would be revised to correct an omission 

of paragraph (i) as actions constituting 

final agency action. 

Subpart D—Permit Sanctions and 

Denials 

Scope and Applicability 

Section 904.300: Paragraph (a) would 

be amended to define the scope of 

permit sanctions such as the revocation, 

suspension, modification, and denial of 

permits. The scope of permit revocation, 

suspension, and modification would be 

moved into this paragraph from 

§ 904.320. The scope of a permit denial 

would be added to clarify that the term 

permit sanction includes the denial of 

issuance of a permit in the future. 

Paragraph (b) would be amended to 

exclude the Land Remote Sensing 

Policy Act of 1992, as amended (Act), 

from this subpart, as regulations at 15 

CFR part 960 apply to license denials 

under the Act. 

Bases for Permit Sanctions 

Section 904.301: The title of this 

section would be amended to reflect 

that permit denials are a form of permit 

sanction. Paragraph (a) would be 

amended to clarify that NOAA cannot 

sanction a permit in a manner 

inconsistent with an underlying statute. 

Paragraph (a)(1) and (a)(2) would be 

amended to simplify the language. 

Paragraph (a)(4) would be amended to 

incorporate statutory language from 16 

U.S.C. 1858(g)(1)(C) regarding sanctions 

for failure to pay any amount in 

settlement of a civil forfeiture on a 

vessel or other property. Paragraph (b) 

would be amended to simplify the 

language regarding which permits a 

sanction may apply to. Paragraphs (b)(1) 

through (b)(3), containing hypotheticals 

where sanctions may be assessed, would 

be removed to avoid confusion and 

eliminate dated hypotheticals. These 

changes are meant to simplify the 

language and would not change the 

substance of the provisions related to 

imposition of sanctions. 

Notice of Permit Sanction 

Section 904.302: Paragraph (a) would 

be amended to remove the crossreference to § 904.3 to avoid repetition. 

Notice of Intent To Deny Permit 

Section 904.303: Paragraph (a) would 

be removed and reserved because the 

substance of paragraph (a) regarding 

when NOAA may issue a notice of 

intent to deny permit is already stated 

in detail in § 904.301. Paragraph (b) 

would be amended to remove the crossreference to § 904.3 to avoid repetition. 

Paragraph (d) would be amended by 

removing language referencing 

§§ 904.310 and 904.320 as redundant 

given earlier changes. 

Opportunity for Hearing 

Section 904.304: Paragraph (b) would 

be amended to simplify the language. 

Nature of Permit Sanctions 

Section 904.310: This section would 

be removed and reserved because the 

content of this section is already 

explained in § 904.301, which addresses 

the bases for permit sanctions. 

Compliance 

Section 904.311: The name of this 

section would be amended to better 

reflect the specific action addressed in 

the regulation. Additionally, language 

would be added to clarify that this 

regulates sanctions such as permit 

suspensions, denials, and modifications. 


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16690 Federal Register / Vol. 87, No. 57 / Thursday, March 24, 2022 / Proposed Rules 

Nature of Permit Sanctions 

Section 904.320: This section would 

be removed and reserved. The contents 

of this section provide the scope of three 

types of permit sanctions and are 

proposed to be moved to § 904.300 at 

the beginning of subpart D, which 

addresses the scope and applicability of 

permit sanctions. 

Subpart E—Written Warnings 

Procedures 

Section 904.402: Paragraph (a) would 

be amended to remove the crossreference to § 904.3 regarding service to 

avoid repetition. Section 904.3(a) 

already explicitly references service of 

written warnings. 

Review and Appeal of a Written 

Warning 

Section 904.403: Paragraph (a) would 

be removed and reserved. Paragraph (b) 

would be revised to direct all appeals of 

written warnings to the NOAA Deputy 

General Counsel. This change would 

ensure that any person involved in the 

decision to issue a written warning is 

not responsible for deciding the appeal. 

Conforming changes would be made to 

paragraph (b). Paragraph (b) would be 

further amended to include the 

procedures for appealing any written 

warnings and allow for electronic 

service. 

Subpart F—Seizure and Forfeiture 

Procedures 

Purpose and Scope 

Section 904.500: Paragraph (a) would 

be simplified to remove internal 

inconsistencies. Paragraphs (a) and (b) 

would be revised to specify that the 

seizure and forfeiture regulations apply 

to any laws cited in paragraph (c) of 

§ 904.1. 

Notice of Seizure 

Section 904.501: This section would 

be revised to correct grammatical errors, 

and would remove repetitive references 

to § 904.3. 

Bonded Release of Seized Property 

Section 904.502: Paragraph (c) would 

be revised to correct a typographical 

error. 

Appraisement 

Section 904.503: This section would 

be revised to make the language 

regarding appraising seized property 

permissible rather than mandatory to 

reflect NOAA’s authority to sell 

perishable property through bids rather 

than appraisals. 

Administrative Forfeiture Proceedings 

Section 904.504: Paragraph (a) would 

be amended to conform with the 

amendments made to § 904.503. 

Paragraph (b)(1) would be amended to 

provide a deadline to publish the Notice 

of Proposed Forfeiture consistent with 

the Civil Asset Forfeiture Reform Act. 

Paragraph (b)(1) will also be amended to 

enable NOAA to publish a Notice of 

Proposed Forfeiture on an official 

government website. Paragraph (b)(1) 

would also remove a repetitive reference 

to § 904.3. Paragraph (b)(3)(i) would be 

amended by removing a confusing 

cross-reference to paragraph (b)(4). 

Summary Sale 

Section 904.505: Paragraph (c) would 

be amended to correct grammatical 

errors and to remove a redundant 

reference to § 904.3. 

Remission of Forfeiture and Restoration 

of Proceeds of Sale 

Section 904.506: Paragraph (a)(1) 

would be amended to correct 

grammatical errors and to mirror 

paragraph (b) of this section. Paragraph 

(b)(1) would be revised to reflect the 

current title of the Chief of the 

Enforcement Section of NOAA’s Office 

of General Counsel and to allow persons 

to petition for relief from forfeiture 

electronically in addition to by mail. 

Paragraph (b)(1) would also be revised 

to clarify that property is 

administratively forfeited under 

§ 904.504 and not § 904.506. 

Disposal of Forfeited Property 

Section 904.509: Paragraph (g)(2) 

would be amended to reference the 

updated Federal Property Management 

regulations. 

Classification 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Pursuant to the Executive Order on 

federalism, Executive Order 13132, this 

proposed rule does not have federalism 

effects and that a federalism assessment 

is not required. 

There are no reporting, recordkeeping 

or other compliance requirements in the 

proposed rule. Nor does this proposed 

rule contain an information-collection 

request that would implicate the 

Paperwork Reduction Act, 44 U.S.C. 

3501, et seq. 

The Chief Counsel for Regulation of 

the Department of Commerce has 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration that this proposed rule, 

if adopted, would not have a significant 

economic impact on a substantial 

number of small entities. 

The small businesses, as defined in 

the Regulatory Flexibility Act, 5 U.S.C. 

601, et seq., that this proposed rule may 

affect include, but are not limited to, 

vessel owners, vessel operators, fish 

dealers, individual fishermen, small 

corporations, and others engaged in 

commercial and recreational activities 

regulated by NOAA. However, this 

proposed rule does not have any 

compliance costs or associated fees for 

businesses, large or small. This 

proposed rule is purely procedural, and 

merely amends and refines NOAA’s 

existing rules of civil procedure. 

Because this proposed rule would 

only modify existing procedural rules, 

the overall economic impact on small 

entities, if any, is expected to be 

nominal. Accordingly, this proposed 

rule will not have a substantial impact 

on a significant number of small 

entities. As a result, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

List of Subjects in 15 CFR Part 904 

Administrative practice and 

procedure, Fisheries, Fishing, Fishing 

vessels, Penalties, Seizures and 

forfeitures. 

Dated: March 15, 2022. 

Walker Smith, 

General Counsel, National Oceanic and 

Atmospheric Administration. 

For reasons set forth in the preamble, 

NOAA proposes to amend 15 CFR part 

904 to read as follows: 

PART 904—CIVIL PROCEDURES 

■ 1. The authority citation for part 904 

is revised to read as follows: 

Authority: 16 U.S.C. 1801 et seq., 16 

U.S.C. 1531 et seq., 16 U.S.C. 1361 et seq., 

16 U.S.C. 3371 et seq., 16 U.S.C. 1431 et seq., 

16 U.S.C. 6901 et seq., 16 U.S.C. 773 et seq., 

16 U.S.C. 951 et seq., 16 U.S.C. 5001 et seq., 

16 U.S.C. 3631 et seq., 42 U.S.C. 9101 et seq., 

30 U.S.C. 1401 et seq., 16 U.S.C. 971 et seq., 

16 U.S.C. 781 et seq., 16 U.S.C. 2431 et seq., 

16 U.S.C. 972 et seq., 16 U.S.C. 916 et seq., 

16 U.S.C. 1151 et seq., 16 U.S.C. 3601 et seq., 

16 U.S.C. 1851 note; 15 U.S.C. 330 et seq., 

16 U.S.C. 2461 et seq., 16 U.S.C. 5101 et seq., 

16 U.S.C. 1371 et seq., 16 U.S.C. 3601 et seq., 

16 U.S.C. 1822 note, 16 U.S.C. 4001 et seq., 

16 U.S.C. 5501 et seq., 16 U.S.C. 5601 et seq., 

16 U.S.C. 973 et seq., 16 U.S.C. 1827a, 16 

U.S.C. 7701 et seq., 16 U.S.C. 7801 et seq., 

16 U.S.C. 1826g, 51 U.S.C. 60101 et seq., 16 

U.S.C. 7001 et seq., 16 U.S.C. 7401 et seq., 

16 U.S.C. 2401 et seq., 16 U.S.C. 1826k note, 

1857 note, 22 U.S.C. 1980, Pub. L. 116–340, 

134 Stat. 5128. 

■ 2. In § 904.1, revise paragraphs (c)(1) 

through (40) to read as follows: 


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§ 904.1 Purpose and scope. 

* * * * * 

(c) * * * 

(1) Anadromous Fish Products Act, 16 

U.S.C. 1822 note; 

(2) Antarctic Conservation Act of 

1978, 16 U.S.C. 2401 et seq.; 

(3) Antarctic Marine Living Resources 

Convention Act of 1984, 16 U.S.C. 2431 

et seq.; 

(4) Antarctic Mineral Resources 

Protection Act of 1990, 16 U.S.C. 2461 

et seq.; 

(5) Atlantic Coastal Fisheries 

Cooperative Management Act, 16 U.S.C. 

5101 et seq.; 

(6) Atlantic Salmon Convention Act of 

1982, 16 U.S.C. 3601 et seq.; 

(7) Atlantic Striped Bass Conservation 

Act, 16 U.S.C. 1851 note; 

(8) Atlantic Tunas Convention Act of 

1975, 16 U.S.C. 971 et seq.; 

(9) Billfish Conservation Act of 2012, 

16 U.S.C. 1827a; 

(10) DESCEND Act of 2020, Public 

Law 116–340, 134 Stat. 5128; 

(11) Deep Seabed Hard Mineral 

Resources Act, 30 U.S.C. 1401 et seq.; 

(12) Dolphin Protection Consumer 

Information Act, 16 U.S.C. 1371 et seq.; 

(13) Driftnet Impact Monitoring, 

Assessment, and Control Act, 16 U.S.C. 

1822 note; 

(14) Eastern Pacific Tuna Licensing 

Act of 1984, 16 U.S.C. 972 et seq.; 

(15) Endangered Species Act of 1973, 

16 U.S.C. 1531 et seq.; 

(16) Ensuring Access to Pacific 

Fisheries Act, 16 U.S.C. 7701 et seq. 

(North Pacific), 16 U.S.C. 7801 et seq. 

(South Pacific); 

(17) Fish and Seafood Promotion Act 

of 1986, 16 U.S.C. 4001 et seq.; 

(18) Fisherman’s Protective Act of 

1967, 22 U.S.C. 1980; 

(19) Fur Seal Act Amendments of 

1983, 16 U.S.C. 1151 et seq.; 

(20) High Seas Driftnet Fishing 

Moratorium Protection Act, 16 U.S.C. 

1826g; 

(21) High Seas Fishing Compliance 

Act, 16 U.S.C. 5501 et seq.; 

(22) Lacey Act Amendments of 1981, 

16 U.S.C. 3371 et seq.; 

(23) Land Remote Sensing Policy Act 

of 1992, as amended, 51 U.S.C. 60101 et 

seq.; 

(24) Magnuson–Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq.; 

(25) Marine Mammal Protection Act 

of 1972, 16 U.S.C. 1361 et seq.; 

(26) National Marine Sanctuaries Act, 

16 U.S.C. 1431 et seq.; 

(27) North Pacific Anadromous Stocks 

Convention Act of 1992, 16 U.S.C. 5001 

et seq.; 

(28) Northern Pacific Halibut Act of 

1982, 16 U.S.C. 773 et seq.; 

(29) Northwest Atlantic Fisheries 

Convention Act of 1995, 16 U.S.C. 5601 

et seq.; 

(30) Ocean Thermal Energy 

Conversion Act of 1980, 42 U.S.C. 9101 

et seq.; 

(31) Pacific Salmon Treaty Act of 

1985, 16 U.S.C. 3631 et seq.; 

(32) Pacific Whiting Act of 2006, 16 

U.S.C. 7001 et seq.; 

(33) Port State Measures Agreement 

Act of 2015, 16 U.S.C. 7401 et seq.; 

(34) Shark Conservation Act of 2010, 

16 U.S.C. 1826k note, 1857 note; 

(35) South Pacific Tuna Act of 1988, 

16 U.S.C. 973 et seq.; 

(36) Sponge Act, 16 U.S.C. 781 et seq.; 

(37) Tuna Conventions Act of 1950, 

16 U.S.C. 951 et seq.; 

(38) Weather Modification Reporting 

Act, 15 U.S.C. 330 et seq.; 

(39) Western and Central Pacific 

Fisheries Convention Implementation 

Act, 16 U.S.C. 6901 et seq.; and 

(40) Whaling Convention Act of 1949, 

16 U.S.C. 916 et seq. 

* * * * * 

■ 3. In § 904.2: 

■ a. Remove the definition of ‘‘ALJ 

Docketing Center’’; 

■ b. Revise the definitions of 

‘‘Applicable statute’’, ‘‘Authorized 

officer’’, and ‘‘Final administrative 

decision’’; and 

■ c. Remove the definition of ‘‘PPIP’’. 

The revisions read as follows: 

§ 904.2 Definitions and acronyms. 

* * * * * 

Applicable statute means a statute 

cited in § 904.1(c), and any regulations 

issued by NOAA to implement it. 

Authorized officer means: 

(1) Any commissioned, warrant, or 

petty officer of the U.S. Coast Guard 

(USCG); 

(2) Any special agent or fishery 

enforcement officer of NMFS; 

(3) Any officer designated by the head 

of any Federal or state agency that has 

entered into an agreement with the 

Secretary of Commerce to enforce the 

provisions of any statute administered 

by NOAA; or 

(4) Any USCG personnel 

accompanying and/or acting under the 

direction of any person described in 

paragraphs (1), (2), or (3) of this 

definition. 

* * * * * 

Final administrative decision means 

an order or decision of NOAA assessing 

a civil penalty, permit sanction, or 

written warning, which is not subject to 

further Agency review under this part, 

and which is subject to collection 

proceedings or judicial review in an 

appropriate Federal district court as 

authorized by law. 

* * * * * 

■ 4. Revise § 904.3 to read as follows: 

§ 904.3 Filing and service. 

(a) Service of a NOVA (§ 904.101), 

NOPS (§ 904.302), NIDP (§ 904.303), 

Notice of Proposed Forfeiture 

(§ 904.504), Notice of Seizure 

(§ 904.501), Notice of Summary Sale 

(§ 904.505), Written Warning 

(§ 904.402), or Initial Decision 

(§ 904.271) may be made by certified 

mail (return receipt requested), 

electronic transmission, or third party 

commercial carrier to an addressee’s last 

known address or by personal delivery. 

Service of a notice under this subpart 

will be considered effective upon 

receipt. 

(b) Service of documents and papers, 

other than those described in paragraph 

(a) of this section, may be made by first 

class mail (postage prepaid), electronic 

transmission, or third party commercial 

carrier, to an addressee’s last known 

address or by personal delivery. Service 

of documents and papers will be 

considered effective upon the date of 

postmark (or as otherwise shown for 

government-franked mail), delivery to 

third party commercial carrier, 

electronic transmission, or upon 

personal delivery. 

(c) Whenever this part requires 

service of a document or other paper 

referred to in paragraph (a) or (b) of this 

section, such service may effectively be 

made on the agent for service of process, 

on the attorney for the person to be 

served, or other representative. Refusal 

by the person to be served (including an 

agent, attorney, or representative) of 

service of a document or other paper 

will be considered effective service of 

the document or other paper as of the 

date of such refusal. In cases where a 

document or paper described in 

paragraph (a) of this section is returned 

unclaimed, service will be considered 

effective if the U.S. Postal Service 

provides an affidavit stating that the 

party was receiving mail at the same 

address during the period when 

certified service was attempted. 

(d) Any documents and other papers 

filed or served must be signed: 

(1) By the person or persons filing the 

same; 

(2) By an officer thereof if a 

corporation; 

(3) By an officer or authorized 

employee if a government 

instrumentality; or 

(4) By an attorney or other person 

having authority to sign. 

■ 5. In § 904.4, revise the first sentence 

to read as follows: 


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§ 904.4 Computation of time periods. 

For a NOVA, NOPS or NIDP, the 30- 

day response period begins to run on 

the date the notice is received. * * * 

■ 6. In § 904.101, revise paragraph (a) 

introductory text to read as follows: 

§ 904.101 Notice of violation and 

assessment (NOVA). 

(a) A NOVA will be issued by NOAA 

and served on the respondent(s). The 

NOVA will contain: 

* * * * * 

■ 7. In § 904.102, revise paragraphs (c) 

and (d) to read as follows: 

§ 904.102 Procedures upon receipt of a 

NOVA. 

* * * * * 

(c) The respondent may, within the 

30-day period specified in paragraph (a) 

of this section, request an extension of 

time to respond. Agency counsel may 

grant an extension of up to 30 days 

unless he or she determines that the 

requester could, exercising reasonable 

diligence, respond within the 30-day 

period. If Agency counsel does not 

respond to the request within 48 hours 

of its receipt, the request is granted 

automatically for the extension 

requested, up to a maximum of 30 days. 

A telephonic response to the request 

within the 48-hour period is considered 

an effective response, and will be 

followed by written confirmation. 

(d) Agency counsel may, for good 

cause, grant an additional extension 

beyond the 30-day period specified in 

paragraph (c) of this section. 

§ 904.103 [Removed and Reserved] 

■ 8. Remove and reserve § 904.103. 

■ 9. In § 904.105, revise paragraph (a) to 

read as follows: 

§ 904.105 Payment of final civil penalty. 

(a) Respondent must make full 

payment of the civil penalty within 30 

days of the date upon which the NOVA 

becomes effective as the final 

administrative decision and order of 

NOAA under § 904.104 or the date of 

the final administrative decision as 

provided in subpart C of this part, as 

directed by NOAA. Payment must be 

made in accordance with the bill and 

instructions provided by NOAA. 

* * * * * 

■ 10. In § 904.107, revise paragraph (b) 

to read as follows: 

§ 904.107 Joint and several 

respondents. 

* * * * * 

(b) A hearing request by one joint and 

several respondent is considered a 

request by the other joint and several 

respondent(s). Agency counsel, having 

received a hearing request from one 

joint and several respondent, will send 

a copy of it to the other joint and several 

respondent(s) in the case. However, if 

the requesting joint and several 

respondent settles with the Agency 

prior to the hearing, upon notification 

by the Agency, any remaining joint and 

several respondent(s) must affirmatively 

request a hearing within the time period 

specified or the case will be removed 

from the hearing docket as provided in 

§ 904.213. 

* * * * * 

■ 11. In § 904.108, revise paragraphs (e), 

(f), and (h) to read as follows: 

§ 904.108 Factors considered in 

assessing civil penalties. 

* * * * * 

(e) Financial information regarding 

respondent’s ability to pay should be 

submitted to Agency counsel as soon as 

possible after the receipt of the NOVA. 

If a respondent has requested a hearing 

on the violation alleged in the NOVA 

and wants the Initial Decision of the 

Judge to consider his or her inability to 

pay, verifiable, complete, and accurate 

financial information must be submitted 

to Agency counsel at least 30 days in 

advance of the hearing, except where 

the applicable statute expressly 

provides for a different time period. No 

information regarding the respondent’s 

ability to pay submitted by the 

respondent less than 30 days in advance 

of the hearing will be admitted at the 

hearing or considered in the Initial 

Decision of the Judge, unless the Judge 

rules otherwise. If the Judge decides to 

admit any information related to the 

respondent’s ability to pay submitted 

less than 30 days in advance of the 

hearing, Agency counsel will have 30 

days to respond to the submission from 

the date of admission. In deciding 

whether to submit such information, the 

respondent should keep in mind that 

the Judge may assess a civil penalty 

either greater or smaller than that 

assessed in the NOVA. 

(f) Issues regarding ability to pay will 

not be considered in an administrative 

review of an Initial Decision if the 

financial information was not 

previously presented by the respondent 

to the Judge prior to or at the hearing. 

* * * * * 

(h) Whenever a statute requires 

NOAA to take into consideration a 

respondent’s ability to pay when 

assessing a civil penalty and the 

respondent has requested a hearing on 

the violation alleged in the NOVA, the 

Agency must submit information on the 

respondent’s financial condition so that 

the Judge may consider that 

information, along with any other 

factors required to be considered, in the 

Judge’s assessment of a civil penalty. 

Agency counsel may obtain such 

financial information through discovery 

procedures under § 904.240, or 

otherwise. A respondent’s refusal or 

failure to respond to such discovery 

requests may serve as the basis for 

inferring that such information would 

have been adverse to any claim by 

respondent of inability to pay the 

assessed civil penalty, or result in 

respondent being barred from asserting 

financial hardship. 

* * * * * 

■ 12. In § 904.200, revise paragraph (a) 

to read as follows: 

§ 904.200 Scope and applicability. 

(a) This subpart sets forth the 

procedures governing the conduct of 

hearings and the issuance of initial and 

final administrative decisions of NOAA 

involving alleged violations of the laws 

cited in § 904.1(c) and any other laws or 

authorities administered by NOAA and 

regulations implementing these laws, 

including civil penalty assessments and 

permit sanctions and denials. By 

separate regulation, these rules may be 

applied to other proceedings. 

* * * * * 

■ 13. Revise § 904.201 to read as 

follows: 

§ 904.201 Hearing requests and case 

docketing. 

(a) If the respondent wishes a hearing 

on a NOVA, NOPS or NIDP, the request 

must be dated and in writing, and must 

be served in conformance with § 904.3 

on the Agency counsel specified in the 

notice. The respondent must either 

attach a copy of the NOVA, NOPS or 

NIDP or refer to the relevant NOAA case 

number. Agency counsel will promptly 

forward the request for hearing to the 

Office of Administrative Law Judges. 

(b) Any party requesting a hearing 

under § 904.102(a)(3) must provide 

current contact information, including a 

working telephone number and email 

address (if one is available). The Agency 

and the Office of Administrative Law 

Judges must be promptly notified of any 

changes to this information. 

(c) If a written application is made to 

NOAA after the expiration of the time 

period established in this part for the 

required filing of hearing requests, 

Agency counsel will promptly forward 

the request for hearing along with 

documentation of service and any other 

relevant materials to the Office of 

Administrative Law Judges for a 

determination on whether such request 

shall be considered timely filed. 

Determinations by the Judge regarding 


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untimely hearing requests under this 

section shall be in writing. 

(d) Upon its receipt for filing in the 

Office of Administrative Law Judges, 

each request for hearing will be 

promptly assigned a docket number and 

thereafter the proceeding will be 

referred to by such number. Written 

notice of the assignment of hearing to a 

Judge will promptly be given to the 

parties. 

■ 14. In § 904.202, revise paragraph (a) 

to read as follows: 

§ 904.202 Filing of documents. 

(a) Pleadings, papers, and other 

documents in the proceeding must be 

filed directly with the Office of 

Administrative Law Judges, be served 

on all other parties, and conform with 

all applicable requirements of § 904.3. 

* * * * * 

■ 15. In § 904.204, revise paragraphs (a) 

and (m) to read as follows: 

§ 904.204 Duties and powers of Judge. 

* * * * * 

(a) Rule on timeliness of hearing 

requests pursuant to § 904.201(c); 

* * * * * 

(m) Assess a civil penalty or impose 

a permit sanction, condition, revocation, 

or denial of permit application, taking 

into account all of the factors required 

by applicable law; 

* * * * * 

■ 16. In § 904.206, revise paragraphs (a), 

(b), and (d) to read as follows: 

§ 904.206 Pleadings, motions, and service. 

(a) The original of all pleadings and 

documents must be filed with the Judge 

and a copy served on the Office of 

Administrative Law Judges and each 

party. All pleadings or documents when 

submitted for filing must show that 

service has been made upon all parties. 

Such service must be made in 

accordance with § 904.3(b). 

(b) Pleadings and documents to be 

filed may be reproduced by printing or 

any other process, provided the copies 

are clear and legible; must be dated, 

signed; and must show the docket 

description and title of the proceeding, 

and the title, if any, address, and 

telephone number of the signatory. If 

typewritten, the impression may be on 

only one side of the paper and must be 

double spaced, if possible, except that 

quotations may be single spaced and 

indented. 

* * * * * 

(d) Unless otherwise provided, the 

answer to any written motion, pleading, 

or petition must be served within 20 

days after service of the motion. If a 

motion states that opposing counsel has 

no objection, it may be acted upon as 

soon as practicable, without awaiting 

the expiration of the 20-day period. 

Answers must be in writing, unless 

made in response to an oral motion 

made at a hearing; must fully and 

completely advise the parties and the 

Judge concerning the nature of the 

opposition; must admit or deny 

specifically and in detail each material 

allegation of the pleading answered; and 

must state clearly and concisely the 

facts and matters of law relied upon. 

Any new matter raised in an answer 

will be deemed controverted. 

* * * * * 

■ 17. Revise § 904.209 to read as 

follows: 

§ 904.209 Expedited administrative 

proceedings. 

In the interests of justice and 

administrative efficiency, the Judge, on 

his or her own initiative or upon the 

application of any party, may expedite 

the administrative proceeding. A motion 

by a party to expedite the administrative 

proceeding may, at the discretion of the 

Judge, be made orally or in writing with 

concurrent actual notice to all parties. 

Upon granting a motion to expedite the 

scheduling of an administrative 

proceeding, the Judge may expedite 

pleading schedules, prehearing 

conferences and the hearing, as 

appropriate. If a motion for an expedited 

administrative proceeding is granted, a 

hearing on the merits may not be 

scheduled with less than 5 business 

days’ notice, unless all parties consent 

to an earlier hearing. 

■ 18. Revise § 904.214 to read as 

follows: 

§ 904.214 Stipulations. 

The parties may, by stipulation, agree 

upon any matters involved in the 

administrative proceeding and include 

such stipulations in the record with the 

consent of the Judge. Written 

stipulations must be signed and served 

on all parties. 

■ 19. In § 904.216, revise paragraph (a) 

introductory text to read as follows: 

§ 904.216 Prehearing conferences. 

(a) Prior to any hearing or at any other 

time deemed appropriate, the Judge 

may, upon his or her own initiative, or 

upon the application of any party, direct 

the parties to appear for a conference or 

arrange a telephone conference. The 

Judge shall provide at least 24 hours’ 

notice of the conference to the parties, 

and shall record such conference by 

audio recording or court reporter, to 

consider: 

* * * * * 

■ 20. In § 904.240, revise paragraphs (a), 

(b), and (f) introductory text to read as 

follows: 

§ 904.240 Discovery generally. 

(a) Initial Disclosures. Prior to 

hearing, the Judge shall require the 

parties to submit Initial Disclosures and 

set a deadline for their submission. 

Except for information regarding a 

respondent’s ability to pay an assessed 

civil penalty, these Initial Disclosures 

will normally obviate the need for 

further discovery. 

(1) The Initial Disclosures shall 

include the following information: A 

factual summary of the case; a summary 

of all factual and legal issues in dispute; 

a list of all defenses that will be 

asserted, together with a summary of all 

factual and legal bases supporting each 

defense; a list of all potential witnesses, 

together with a summary of their 

anticipated testimony; and a list of all 

potential exhibits. 

(2) The Initial Disclosures must be 

signed by the parties or their attorneys 

and must be served on all parties in 

conformance with § 904.3, along with a 

copy of each potential exhibit listed 

therein. 

(3) A party has the affirmative 

obligation to supplement their Initial 

Disclosures as available information or 

documentation relevant to the stated 

charges or defenses becomes known to 

the party. 

(b) Additional discovery. Upon 

written motion by a party, the Judge 

may allow additional discovery only 

upon a showing of relevance, need, and 

reasonable scope of the evidence sought, 

by one or more of the following 

methods: Deposition upon oral 

examination or written questions, 

written interrogatories, production of 

documents or things for inspection and 

other purposes, and requests for 

admission. With respect to information 

regarding a respondent’s ability to pay 

an assessed civil penalty, the Agency 

may serve any discovery request (i.e., 

deposition, interrogatories, admissions, 

production of documents) directly upon 

the respondent in conformance with 

§ 904.3 of this part without first seeking 

an order from the Judge. 

* * * * * 

(f) Failure to comply. If a party fails 

to comply with any provision of this 

section, including with respect to their 

Initial Disclosures, a subpoena, or an 

order concerning discovery, the Judge 

may, in the interest of justice: 

* * * * * 

■ 21. In § 904.241, revise paragraphs (a), 

(c), and (d)(1) to read as follows: 


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§ 904.241 Depositions. 

(a) Notice. If a motion for deposition 

is granted, and unless otherwise ordered 

by the Judge, the party taking the 

deposition of any person must serve on 

that person and on any other party 

written notice at least 15 days before the 

deposition would be taken (or 25 days 

if the deposition is to be taken outside 

the United States). The notice must state 

the name and address of each person to 

be examined, the time and place where 

the examination would be held, the 

name, mailing address, telephone 

number, and email address (if one is 

available) of the person before whom 

the deposition would be taken, and the 

subject matter about which each person 

would be examined. 

* * * * * 

(c) Alternative deposition methods. 

By order of the Judge, the parties may 

use other methods of deposing parties or 

witnesses, such as telephonic 

depositions, depositions through 

videoconference, or depositions upon 

written questions. Objections to the 

form of written questions are waived 

unless made within 5 days of service of 

the questions. 

(d) * * * 

(1) At hearing, part or all of any 

deposition, so far as admissible under 

this Part as though the witness were 

then testifying, may be used against any 

party who was present or represented at 

the taking of the deposition or had 

reasonable notice. 

* * * * * 

■ 22. In § 904.242, revise paragraphs (a) 

and (b) and add paragraph (d) to read as 

follows: 

§ 904.242 Interrogatories. 

(a) Service and use. If ordered by the 

Judge, any party may serve upon any 

other party written interrogatories in 

conformance with § 904.3. 

(b) Answers and objections. Answers 

and objections must be made in writing 

under oath, and reasons for the 

objections must be stated. Answers must 

be signed by the person making them 

and objections must be signed by the 

party or attorney making them. Unless 

otherwise ordered, answers and 

objections must be served on all parties 

within 20 days after service of the 

interrogatories in conformance with 

§ 904.3. 

* * * * * 

(d) Use of interrogatories at hearing. 

Answers may be used at hearing in the 

same manner as depositions under 

§ 904.241(d). 

■ 23. In § 904.243, revise paragraphs (a) 

and (b) to read as follows: 

§ 904.243 Admissions. 

(a) Request. If ordered by the Judge, 

any party may serve on any other party 

a written request for admission of the 

truth of any relevant matter of fact set 

forth in the request in conformance with 

§ 904.3, including the genuineness of 

any relevant document described in the 

request. Copies of documents must be 

served with the request. Each matter for 

which an admission is requested must 

be separately stated. 

(b) Response. Each matter is admitted 

unless a written answer or objection is 

served within 20 days of service of the 

request in conformance with § 904.3, or 

within such other time as the Judge may 

allow. The answering party must 

specifically admit or deny each matter, 

or state the reasons why he or she 

cannot truthfully admit or deny it. A 

denial must fairly respond to the 

substance of the matter; and when good 

faith requires that a party qualify an 

answer or deny only a part of a matter, 

the answer must specify the part 

admitted and qualify or deny the rest. 

The answering party may assert lack of 

knowledge or information as a reason 

for failing to admit or deny only if the 

party states that it has made reasonable 

inquiry and that the information it 

knows or can readily obtain is 

insufficient to enable it to admit or 

deny. 

* * * * * 

■ 24. In § 904.250, revise paragraph (a) 

to read as follows: 

§ 904.250 Notice of time and place of 

hearing. 

(a) The Judge shall be responsible for 

scheduling the hearing. With due regard 

for the convenience of the parties, their 

representatives, or witnesses, the Judge 

shall fix the time, place and date for the 

hearing and shall notify all parties of the 

same. The Judge will promptly serve on 

the parties notice of the time and place 

of hearing. The hearing will not be held 

less than 20 days after service of the 

notice of hearing unless the hearing is 

expedited as provided under paragraph 

(d) of this section. 

* * * * * 

■ 25. In § 904.251, revise paragraphs 

(a)(3) and (i) and add paragraph (j) to 

read as follows: 

§ 904.251 Evidence. 

(a) * * * 

(3) In any case involving a charged 

violation of law in which the 

respondent has admitted an allegation, 

evidence may still be presented to 

establish matters of aggravation or 

mitigation. 

* * * * * 

(i) Foreign law. A party who intends 

to raise an issue concerning the law of 

a foreign country must give reasonable 

notice. The Judge, in determining 

foreign law, may consider any relevant 

material or source, whether or not 

submitted by a party. 

(j) Foreign language exhibits. Exhibits 

in a foreign language must be translated 

into English before such exhibits are 

offered into evidence. Copies of both the 

untranslated and translated versions of 

the proposed exhibits, along with the 

name and qualifications of the 

translator, must be served on the 

opposing party at least 10 days prior to 

the hearing unless the parties otherwise 

agree. 

■ 26. In § 904.252, revise paragraphs (a) 

and (f) to read as follows: 

§ 904.252 Witnesses. 

(a) Fees. Witnesses, other than 

employees of a Federal agency, 

summoned in an administrative 

proceeding, including discovery, are 

eligible to receive the same fees and 

mileage as witnesses in the courts of the 

United States. 

* * * * * 

(f) Testimony in a foreign language. If 

a witness is expected to testify in a 

language other than the English 

language, the party sponsoring the 

witness must indicate that in its Initial 

Disclosures so that an interpreter can be 

arranged for the hearing. When 

available, the interpreter should be 

court certified under 28 U.S.C. 1827. 

■ 27. In § 904.260, revise paragraph (b) 

to read as follows: 

§ 904.260 Recordation of hearing. 

* * * * * 

(b) The official transcript of testimony 

taken, together with any exhibits, briefs, 

or memoranda of law filed therewith, 

will be filed with the Office of 

Administrative Law Judges. Transcripts 

of testimony will be available in any 

hearing and will be supplied to the 

parties at the cost of the Agency. 

* * * * * 

■ 28. In § 904.270, revise paragraph (b) 

to read as follows: 

§ 904.270 Record of decision. 

* * * * * 

(b) The Judge will arrange for 

appropriate storage of the records of any 

administrative proceeding, which place 

of storage need not necessarily be 

located physically within the Office of 

Administrative Law Judges. 

■ 29. In § 904.271, revise paragraphs (a) 

introductory text, (b), (c), and (d) 

introductory text to read as follows: 


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§ 904.271 Initial Decision. 

(a) After expiration of the period 

provided in § 904.261 for the filing of 

reply briefs (unless the parties have 

waived briefs or presented proposed 

findings orally at the hearing), the Judge 

will render an Initial Decision upon the 

record in the case, setting forth: 

* * * * * 

(b) If the parties have presented oral 

proposed findings at the hearing or have 

waived presentation of proposed 

findings, the Judge may at the 

termination of the hearing announce the 

decision, subject to later issuance of a 

written Initial Decision under paragraph 

(a) of this section. In such cases, the 

Judge may direct the prevailing party to 

prepare proposed findings, conclusions, 

and an order. 

(c) The Judge will serve the Initial 

Decision on each of the parties, the 

Chief of the Enforcement Section of the 

NOAA Office of General Counsel, and 

the Administrator. Upon request, the 

Judge will promptly certify to the 

Administrator the record, including the 

original copy of the Initial Decision, as 

complete and accurate. 

(d) An Initial Decision becomes 

effective as the final administrative 

decision of NOAA 60 days after service, 

unless: 

* * * * * 

■ 30. Revise § 904.272 to read as 

follows: 

§ 904.272 Petition for reconsideration. 

Unless an order or Initial Decision of 

the Judge specifically provides 

otherwise, any party may file a petition 

for reconsideration of an order or Initial 

Decision issued by the Judge. Such 

petitions must state the matter claimed 

to have been erroneously decided, and 

the alleged errors and relief sought must 

be specified with particularity. Petitions 

must be filed within 20 days after the 

service of such order or Initial Decision. 

The filing of a petition for 

reconsideration shall operate as a stay of 

an order or Initial Decision or its 

effectiveness date unless specifically so 

ordered by the Judge. Within 15 days 

after the petition is filed, any party to 

the administrative proceeding may file 

an answer in support or in opposition. 

■ 31. Revise § 904.273 to read as 

follows: 

§ 904.273 Administrative review of 

decision. 

(a) Subject to the requirements of this 

section, any party who wishes to seek 

review of an Initial Decision of a Judge 

must Petition for Review of the Initial 

Decision within 30 days after the date 

the decision is served. The petition 

must be served on the Administrator in 

conformance with § 904.3(b) at the 

following address: Administrator, 

National Oceanic and Atmospheric 

Administration, Department of 

Commerce, Room 5128, 14th Street and 

Constitution Avenue NW, Washington, 

DC 20230. Copies of the Petition for 

Review, and all other documents and 

materials required in paragraph (d) of 

this section, must be served in 

conformance with § 904.3(b) on all 

parties and to either 

administrative.appeals@noaa.gov or the 

following address: Chief, Oceans and 

Coasts Section, NOAA Office of General 

Counsel, 1305 East-West Highway, 

SSMC 4, Suite 6111, Silver Spring, MD 

20910. 

(b) The Administrator may elect to 

issue an order to review the Initial 

Decision without petition and may 

affirm, reverse, modify or remand, in 

whole or in part, the Judge’s Initial 

Decision. Any such order must be 

issued within 60 days after the date the 

Initial Decision is served. 

(c) Review by the Administrator of an 

Initial Decision is discretionary and is 

not a matter of right. If a party files a 

timely petition for discretionary review, 

or review is timely initiated by the 

Administrator, the effectiveness of the 

Initial Decision is stayed until further 

order of the Administrator or until the 

Initial Decision becomes final pursuant 

to paragraph (h) of this section. In 

determining whether or not to grant 

discretionary review, the Administrator 

will consider: 

(1) Whether the Initial Decision 

contains significant factual or legal 

errors that warrant further review by the 

Administrator; and 

(2) Whether fairness or other policy 

considerations warrant further 

consideration by the Administrator. 

Types of cases that fall within these 

criteria include, but are not limited to, 

those in which; 

(i) The Initial Decision conflicts with 

one or more other NOAA administrative 

decisions or federal court decisions on 

an important issue of federal law; 

(ii) The Judge decided an important 

federal question in a way that conflicts 

with prior rulings of the Administrator; 

(iii) The Judge decided a question of 

federal law that is so important that the 

Administrator should pass upon it even 

absent a conflict; or 

(iv) The Judge so far departed from 

the accepted and usual course of 

administrative proceedings as to call for 

an exercise of the Administrator’s 

supervisory power. 

(d) A Petition for Review must 

comply with the following requirements 

regarding format and content: 

(1) The petition must include a 

concise statement of the case, that 

contains a statement of facts relevant to 

the issues submitted for review, and a 

summary of the argument that contains 

a succinct, clear and accurate statement 

of the arguments made in the body of 

the petition; 

(2) The petition must set forth, in 

detail, specific objections to the Initial 

Decision, the bases for review, and the 

relief requested; 

(3) Each issue raised in the petition 

must be separately numbered, concisely 

stated, and supported by detailed 

citations to specific pages in the record, 

and to statutes, regulations, and 

principal authorities. Petitions may not 

refer to or incorporate by reference 

entire documents or transcripts; 

(4) A copy of the Judge’s Initial 

Decision must be attached to the 

petition; 

(5) Copies of all cited portions of the 

record must be attached to the petition; 

(6) A petition, exclusive of 

attachments and authorities, must not 

exceed 20 pages in length and must be 

in the form articulated in § 904.206(b); 

and 

(7) Issues of fact or law not argued 

before the Judge may not be raised in 

the petition unless such issues were 

raised for the first time in the Judge’s 

Initial Decision, or could not reasonably 

have been foreseen and raised by the 

parties during the hearing. The 

Administrator will not consider new or 

additional evidence that is not a part of 

the record before the Judge. 

(e) The Administrator may deny a 

Petition for Review that is untimely or 

fails to comply with the format and 

content requirements in paragraph (d) of 

this section without further review. 

(f) No oral argument on Petitions for 

Review will be allowed. 

(g) Within 30 days after service of a 

petition for discretionary review, any 

party may file and serve an answer in 

support or in opposition. An answer 

must comport with the format and 

content requirements in paragraphs 

(d)(5) through (d)(7) of this section and 

set forth detailed responses to the 

specific objections, bases for review and 

relief requested in the petition. No 

further replies are allowed, unless 

requested by the Administrator. 

(h) If the Administrator has taken no 

action in response to the petition within 

120 days after the petition is served, 

said petition shall be deemed denied 

and the Judge’s Initial Decision shall 

become the final agency decision with 

an effective date 150 days after the 

petition is served. 

(i) If the Administrator issues an order 

denying discretionary review, the order 


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will be served on all parties in 

conformance with § 904.3, and will 

specify the date upon which the Judge’s 

Initial Decision will become effective as 

the final agency decision. The 

Administrator need not give reasons for 

denying review. 

(j) If the Administrator grants 

discretionary review or elects to review 

the Initial Decision without petition, the 

Administrator will issue an order to that 

effect. Such order may identify issues to 

be briefed and a briefing schedule. Such 

issues may include one or more of the 

issues raised in the Petition for Review 

and any other matters the Administrator 

wishes to review. Only those issues 

identified in the order may be argued in 

any briefs permitted under the order. 

The Administrator may choose to not 

order any additional briefing, and may 

instead make a final determination 

based on any Petitions for Review, any 

responses and the existing record. 

(k) If the Administrator grants or 

elects to take discretionary review, and 

after expiration of the period for filing 

any additional briefs under paragraph (j) 

of this section, the Administrator will 

render a written decision on the issues 

under review. The Administrator will 

serve the decision on each of the parties 

in conformance with § 904.3. The 

Administrator’s decision becomes the 

final administrative decision on the date 

it is served, unless otherwise provided 

in the decision, and is a final agency 

action for purposes of judicial review; 

except that an Administrator’s decision 

to remand the Initial Decision to the 

Judge is not final agency action. 

(l) An Initial Decision shall not be 

subject to judicial review unless: 

(1) The party seeking judicial review 

has exhausted its opportunity for 

administrative review by filing a 

Petition for Review with the 

Administrator in compliance with this 

section, and 

(2) The Administrator has issued a 

final ruling on the petition that 

constitutes final agency action under 

paragraph (k) of this section or the 

Judge’s Initial Decision has become the 

final agency decision under paragraph 

(h) or (i) of this section. 

(m) For purposes of any subsequent 

judicial review of the agency decision, 

any issues that are not identified in any 

Petition for Review, in any answer in 

support or opposition, by the 

Administrator, or in any modifications 

to the Initial Decision are waived. 

(n) If an action is filed for judicial 

review of a final agency decision, and 

the decision is vacated or remanded by 

a court, the Administrator shall issue an 

order addressing further administrative 

proceedings in the matter. Such order 

may include a remand to the Chief 

Administrative Law Judge for further 

proceedings consistent with the judicial 

decision, or further briefing before the 

Administrator on any issues the 

Administrator deems appropriate. 

■ 32. Revise § 904.300 to read as 

follows: 

§ 904.300 Scope and applicability. 

(a) This subpart sets forth procedures 

governing the suspension, revocation, 

modification, and denial of permits. The 

bases for sanctioning a permit are set 

forth in § 904.301. 

(1) Revocation. A permit may be 

cancelled, with or without prejudice to 

issuance of the permit in the future. 

Additional requirements for issuance of 

any future permit may be imposed. 

(2) Suspension. A permit may be 

suspended either for a specified period 

of time or until stated requirements are 

met, or both. If contingent on stated 

requirements being met, the suspension 

is with prejudice to issuance of any 

permit until the requirements are met. 

(3) Modification. A permit may be 

modified, as by imposing additional 

conditions and restrictions. If the permit 

was issued for a foreign fishing vessel 

under section 204(b) of the MagnusonStevens Fishery Conservation and 

Management Act, additional conditions 

and restrictions may be imposed on the 

application of the foreign nation 

involved and on any permits issued 

under such application. 

(4) Denial. Issuance of a permit in the 

future may be denied through 

imposition of a permit denial. 

(b) This subpart does not apply to the 

Land Remote Sensing Policy Act of 

1992, as amended (51 U.S.C. 60101 et 

seq.), or to the Deep Seabed Hard 

Mineral Resources Act (30 U.S.C. 1401 

et seq.). Regulations governing denials 

of licenses issued under the Land 

Remote Sensing Policy Act of 1992, as 

amended (51 U.S.C. 60101 et seq.), 

appear at 15 CFR part 960. Regulations 

governing sanctions and denials of 

permits issued under the Deep Seabed 

Hard Mineral Resources Act (30 U.S.C. 

1401 et seq.) appear at 15 CFR part 970. 

■ 33. Revise § 904.301 to read as 

follows: 

§ 904.301 Bases for permit sanctions. 

(a) Unless otherwise specified in a 

settlement agreement, or otherwise 

provided by statutes or in this subpart, 

NOAA may sanction any permit issued 

under the statutes cited in § 904.1(c). 

The bases for an action to sanction or 

deny a permit include the following: 

(1) Violation of any statute 

administered by NOAA, including 

violation of any regulation promulgated 

or permit condition or restriction 

prescribed thereunder, by the permit 

holder/applicant or with the use of a 

permitted vessel; 

(2) The failure to pay a civil penalty 

imposed under any marine resource law 

administered by NOAA; 

(3) The failure to pay a criminal fine 

imposed or to satisfy any other liability 

incurred in a judicial proceeding under 

any of the statutes administered by 

NOAA; or 

(4) The failure to pay any amount in 

settlement of a civil forfeiture imposed 

on a vessel or other property. 

(b) A sanction may be applied to a 

permit involved in the underlying 

violation, as well as to any permit held 

or sought by the permit holder/ 

applicant, including permits for other 

vessels. (See, e.g., 16 U.S.C. 

1858(g)(1)(i)). 

(c) A permit sanction may not be 

extinguished by sale or transfer. A 

vessel’s permit sanction is not 

extinguished by sale or transfer of the 

vessel, nor by dissolution or 

reincorporation of a vessel owner 

corporation, and shall remain with the 

vessel until lifted by NOAA. 

■ 34. In § 904.302, revise paragraph (a) 

to read as follows: 

§ 904.302 Notice of permit sanction 

(NOPS). 

(a) Service of a NOPS against a permit 

issued to a foreign fishing vessel will be 

made on the agent authorized to receive 

and respond to any legal process for 

vessels of that country. 

* * * * * 

■ 35. In § 904.303: 

■ a. Remove and reserve paragraph (a); 

and 

■ b. Revise paragraphs (b) and (d), 

The revisions read as follows: 

§ 904.303 Notice of intent to deny permit 

(NIDP). 

* * * * * 

(b) The NIDP will set forth the basis 

for its issuance and any opportunity for 

a hearing. 

* * * * * 

(d) A NIDP may be issued in 

conjunction with or independent of a 

NOPS. 

■ 36. In § 904.304, revise paragraph (b) 

to read as follows: 

§ 904.304 Opportunity for hearing. 

* * * * * 

(b) There will be no opportunity for 

a hearing to contest a NOPS or NIDP if 

the permit holder/applicant had a 

previous opportunity to participate as a 

party in an administrative or judicial 

proceeding with respect to the violation 

that forms the basis for the NOPS or 


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NIDP, whether or not the permit holder/ 

applicant did participate, and whether 

or not such a proceeding was held. 

§ 904.310 [Removed and Reserved] 

■ 37. Remove and reserve § 904.310. 

■ 38. In § 904.311, revise the section 

heading, introductory text, and 

paragraph (b) to read as follows: 

§ 904.311 Effect of payment on permit 

sanction. 

Where a permit has been sanctioned 

on one of the bases set forth in 

§ 904.301(a)(2) through (4) and the 

permit holder/applicant pays the 

criminal fine, civil penalty, or amount 

in settlement of a civil forfeiture in full 

or agrees to terms satisfactory to NOAA 

for payment: 

* * * * * 

(b) Any permit suspended under 

§ 904.301(a)(2) through (4) will be 

reinstated by order of NOAA; or 

* * * * * 

§ 904.320 [Removed and Reserved] 

■ 39. Remove and reserve § 904.320. 

■ 40. In § 904.402, revise paragraph (a) 

to read as follows: 

§ 904.402 Procedures. 

(a) Any person authorized to enforce 

the laws listed in § 904.1(c) or Agency 

counsel may serve a written warning on 

a respondent. 

* * * * * 

■ 41. In § 904.403: 

■ a. Remove and reserve paragraph (a); 

and 

b. Revise paragraph (b). 

The revision reads as follows: 

§ 904.403 Review and appeal of a written 

warning. 

* * * * * 

(b) The recipient of a written warning 

may appeal to the NOAA Deputy 

General Counsel. The appeal must be 

served in conformance with § 904.3 and 

submitted to administrative.appeals@

noaa.gov or the NOAA Office of the 

General Counsel, Herbert Hoover Office 

Building, 14th & Constitution Avenue 

NW, Washington, DC 20230, within 60 

days of receipt of the written warning. 

(1) An appeal from a written warning 

must be in writing and must present the 

facts and circumstances that explain or 

deny the violation described in the 

written warning. 

(2) [Reserved] 

* * * * * 

■ 42. Revise § 904.500 to read as 

follows: 

§ 904.500 Purpose and scope. 

(a) This subpart sets forth procedures 

governing the release, abandonment, 

forfeiture, remission of forfeiture, or 

return of property seized under any of 

the laws cited in § 904.1(c). 

(b) Except as provided in this subpart, 

these regulations apply to all seized 

property subject to forfeiture under any 

of the laws cited in § 904.1(c). This 

subpart is in addition to, and not in 

contradiction of, any special rules 

regarding seizure, holding or disposition 

of property seized under these statutes. 

■ 43. Revise § 904.501 to read as follows 

§ 904.501 Notice of seizure. 

Within 60 days from the date of the 

seizure, NOAA will serve a Notice of 

Seizure on the owner or consignee, if 

known or easily ascertainable, or other 

party that the facts of record indicate 

has an interest in the seized property. In 

cases where the property is seized by a 

state or local law enforcement agency; a 

Notice of Seizure will be served in the 

above manner within 90 days from the 

date of the seizure. The Notice will 

describe the seized property and state 

the time, place and reason for the 

seizure, including the provisions of law 

alleged to have been violated. The 

Notice will inform each interested party 

of his or her right to file a claim to the 

seized property, and state a date by 

which a claim must be filed, which may 

not be less than 35 days after service of 

the Notice. The Notice may be 

combined with a Notice of the sale of 

perishable fish issued under § 904.505. 

If a claim is filed, the case will be 

referred promptly to the U.S. 

Department of Justice for institution of 

judicial proceedings. 

■ 44. In § 904.502, revise paragraph (c) 

to read as follows: 

§ 904.502 Bonded release of seized 

property. 

* * * * * 

(c) If NOAA grants the request, the 

amount paid by the requester will be 

deposited in a NOAA suspense account. 

The amount so deposited will for all 

purposes be considered to represent the 

property seized and subject to forfeiture, 

and payment of the amount by requester 

constitutes a waiver by requester of any 

claim rising from the seizure and 

custody of the property. NOAA will 

maintain the money so deposited 

pending further order of NOAA, order of 

a court, or disposition by applicable 

administrative proceedings. 

* * * * * 

■ 45. Revise § 904.503 to read as 

follows: 

§ 904.503 Appraisement. 

NOAA may appraise seized property 

to determine its domestic value. 

Domestic value means the price at 

which such or similar property is 

offered for sale at the time and place of 

appraisement in the ordinary course of 

trade. If there is no market for the seized 

property at the place of appraisement, 

the value in the principal market nearest 

the place of appraisement may be used. 

If the seized property may not lawfully 

be sold in the United States, its 

domestic value may be determined by 

other reasonable means. 

■ 46. In § 904.504, revise paragraphs (a), 

(b)(1), and (b)(3)(i) to read as follows: 

§ 904.504 Administrative forfeiture 

proceedings. 

(a) When authorized. This section 

applies to property with a value of 

$500,000 or less, and that is subject to 

administrative forfeiture under the 

applicable statute. This section does not 

apply to conveyances seized in 

connection with criminal proceedings. 

(b) * * * 

(1) Within 60 days from the date of 

the seizure, or within 90 days of the 

date of the seizure where the property 

is seized by a state or local law 

enforcement agency, NOAA will 

publish a Notice of Proposed Forfeiture 

once a week for at least three successive 

weeks in a newspaper of general 

circulation in the Federal judicial 

district in which the property was 

seized or post a notice on an official 

government forfeiture website for at 

least 30 consecutive days. However, if 

the value of the seized property does not 

exceed $1,000, the Notice may be 

published by posting for at least three 

successive weeks in a conspicuous 

place accessible to the public at the 

National Marine Fisheries Service 

Enforcement Office, U.S. District Court, 

or the U.S. Customs House nearest the 

place of seizure, with the date of posting 

indicated on the Notice. In addition, a 

reasonable effort will be made to serve 

the Notice on each person whose 

identity, address and interest in the 

property are known or easily 

ascertainable. 

* * * * * 

(3)(i) Any person claiming the seized 

property may file a claim with NOAA, 

at the address indicated in the Notice, 

within 30 days of the date the final 

Notice was published or posted. The 

claim must state the claimant’s interest 

in the property. 

* * * * * 

■ 47. In § 904.505, revise paragraph (c) 

to read as follows: 

§ 904.505 Summary sale. 

* * * * * 

(c) NOAA will serve the Notice of the 

Summary Sale on the owner or 

consignee, if known or easily 


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ascertainable, or to any other party that 

the facts of record indicate has an 

interest in the seized fish, unless the 

owner or consignee or other interested 

party has otherwise been personally 

notified. Notice will be sent either prior 

to the sale, or as soon thereafter as 

practicable. 

* * * * * 

■ 48. In § 904.506, revise paragraphs 

(a)(1) and (b)(1) to read as follows: 

§ 904.506 Remission of forfeiture and 

restoration of proceeds of sale. 

(a) * * * 

(1) This section establishes 

procedures for filing with NOAA a 

petition for the return of any property 

which has been or may be 

administratively forfeited under the 

provisions of any statute administered 

by NOAA that authorizes the remission 

or mitigation of forfeitures. 

* * * * * 

(b) * * * 

(1) Any person claiming an interest in 

any property which has been or may be 

administratively forfeited under the 

provisions of § 904.504 may, at any time 

after seizure of the property, but no later 

than 90 days after the date of forfeiture, 

petition for a remission or mitigation of 

the forfeiture and restoration of the 

proceeds of such sale, or such part 

thereof as may be claimed by the 

petitioner by serving the petition in 

conformance with § 904.3 on 

administrative.appeals@noaa.gov or the 

Chief of the Enforcement Section of the 

NOAA Office of General Counsel, 1315 

East-West Highway, SSMC 3, Suite 

15828, Silver Spring, MD 20910. 

* * * * * 

■ 49. In § 904.509, revise paragraph 

(g)(2) to read as follows: 

§ 904.509 Disposal of forfeited property. 

* * * * * 

(g) * * * 

(2) Destruction will be accomplished 

in accordance with the requirements of 

41 CFR parts 101–1 through 101–49. 

* * * * * 

[FR Doc. 2022–05845 Filed 3–23–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2022–0135] 

RIN 1625–AA08 

Special Local Regulation: Luminsea 

Offshore Powerboat Race; Atlantic 

Ocean, Miami Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a special local regulation 

(SLR) on certain navigable waters of the 

Atlantic Ocean, offshore of Miami 

Beach, FL, in connection with the 

Luminsea Offshore Powerboat Race. The 

race will include approximately 55 

offshore powerboats, ranging from 30 to 

50 feet in length. The SLR is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards associated with the high-speed 

powerboat race. The special local 

regulation establishes a race area where 

all persons and vessels, except those 

persons and vessels who are 

participating in the race, will be 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within unless authorized by the Captain 

of the Port (COTP) Miami or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 8, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0135 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Omar Beceiro, Sector 

Miami Waterways Management 

Division, U.S. Coast Guard at 305–535– 

4317 or Omar.Beceiro@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On February 15, 2022, Cigarette 

Racing Team, LLC. notified the Coast 

Guard they would be sponsoring an 

offshore powerboat race on May 6, 2022 

from 8 a.m. to 6 p.m. and May 7, 2022 

from 8 a.m. to 6 p.m. The race would 

take place in the Atlantic Ocean, 

offshore of Miami Beach, FL and 

involve approximately 55 powerboats 

ranging from 30 to 50 feet in length. 

Approximately 500 spectator crafts are 

anticpated to attend the event. 

The COTP Miami has determined 

potential hazards associated with the 

high-speed boat race would be a safety 

concern for participants, participant 

vessels, and general public. 

The purpose of this rulemaking is to 

protect event participants, spectators, 

and vessels on certain navigable waters 

of the Atlantic Ocean, offshore of Miami 

Beach, FL before, during, and after the 

scheduled event. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034. 

The Coast Guard is issuing this notice 

of proposed rulemaking (NPRM) with a 

15-day prior notice and opportunity to 

comment pursuant to section (b)(3) of 

the Administrative Procedure Act (APA) 

(5 U.S.C. 553). This provision authorizes 

an agency to publish a rule in less than 

30 days before its effective date for 

‘‘good cause found and published with 

the rule.’’ Under 5 U.S.C. 553(b)(3)(B), 

the Coast Guard finds that good cause 

exists for publishing this NPRM with a 

15-day comment period because the 

Coast Guard was given short notice from 

the event sponsor, and this not a 

recurring event that would be listed in 

the existing annual marine event table 

as outlined in 33 CFR 100.702, Table 1. 

Therefore, it is impracticable to provide 

a 30-day comment period because we 

must establish this safety zone by May 

6, 2022. A 15-day comment period 

would allow the Coast Guard to provide 

for public notice and comment, but also 

update the proposed regulation soon 

enough that the length of the notice and 

comment period does not compromise 

safety. 

III. Discussion of Proposed Rule 

The COTP proposes to establish an 

SLR from 8 a.m. until 6 p.m., on May 

6, 2022 and May 7, 2022. The safety 

zone would cover certain navigable 

waters of the Atlantic Ocean beginning 

approximately 0.5 miles north of 

Government Cut and continuing north 

approximately 3.5 miles. The SLR 

extends approximately 2.5 miles 

offshore. 

The duration of the zone is intended 

to protect personnel, vessels, and the 


khammond on DSKJM1Z7X2PROD with PROPOSALS