[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Proposed Rules]
[Pages 740-741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28751]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 904

[Docket No. 040902252-4252-01; I.D. 092804C]
RIN 0648-AS54


Civil Procedures

AGENCY: Office of General Counsel for Enforcement and Litigation, 
National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; amendments and technical refinements to Civil 
Procedures; reopening of the comment period.

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SUMMARY: In a proposed rule published in the Federal Register on 
October 12, 2004, NOAA requested comments on proposed revisions to its 
Civil Procedures which govern the Agency's administrative proceedings 
for the assessment of civil penalties; suspension, revocation, 
modification, or denial of permits; issuance and use of written 
warnings; and release or forfeiture of seized property. The comment 
period for the proposed rule closed on December 13, 2004. Comments 
addressed various issues and included requests to extend the comment 
period. The intent of this document is to announce the reopening of the 
public comment period.

DATES: Written comments must be received on or before January 31, 2005.

ADDRESSES: Send comments to Meggan Engelke-Ros, Enforcement Attorney, 
Office of General Counsel for Enforcement and Litigation, NOAA. 
Comments may be submitted by:
     Mail to 8484 Georgia Avenue, Suite 400, Silver Spring, MD 
20910;
     E-mail to [email protected]; or

[[Page 741]]

     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Meggan Engelke-Ros or Susan S. 
Beresford, 301-427-2202.

SUPPLEMENTARY INFORMATION: As announced in the Federal Register on 
October 12, 2004 (69 FR 60569), NOAA is proposing revisions to its 
Civil Procedures which govern the Agency's administrative proceedings 
for the assessment of civil penalties; suspension, revocation, 
modification, or denial of permits; issuance and use of written 
warnings; and release or forfeiture of seized property. The comment 
period for the proposed rule closed on December 13, 2004. While NOAA 
received comments expressing opinions about whether, and in what way, 
its Civil Procedures should be revised, NOAA was also asked to extend 
the comment period beyond the original 60 days. NOAA has reopened the 
comment period to provide the public an additional opportunity to 
comment on the proposed revisions. The agency believes these additional 
comments will aid in the evaluation of the proposed revisions. Comments 
received between December 13, 2004, and the publication date of this 
document will be given full consideration by NOAA.

Background

    In October 2004, NOAA proposed revisions (69 FR 60569) to the civil 
procedure rules that apply to its administrative proceedings under 15 
CFR part 904. Part 904 has been largely unchanged since 1987 and the 
proposed changes were intended to: (1) conform the civil procedure 
rules to changes in applicable Federal laws and regulations; (2) 
improve efficiency and fairness of administrative proceedings; (3) 
clarify any ambiguities or inconsistencies in the existing civil 
procedure rules; (4) eliminate redundant language and correct language 
errors; and (5) conform the civil procedure rules to current Agency 
practice.
    NOAA invites comments on all aspects of the revisions proposed to 
part 904 from all interested parties. Information on the time period 
for submission of comments and directions for their submission may be 
found in the DATES and ADDRESSES section of this document.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

    Authority: 16 U.S.C. 1801-1882; 16 U.S.C. 1531-1543; 16 U.S.C. 
1361-1407; 16 U.S.C. 3371-3378; 16 U.S.C. 1431-1439; 16 U.S.C. 773-
773k; 16 U.S.C. 951-961; 16 U.S.C. 1021-1032; 16 U.S.C. 3631-3644; 
42 U.S.C. 9101 et seq.; 30 U.S.C. 1401 et seq.; 16 U.S.C. 971-971k; 
16 U.S.C. 781 et seq.; 16 U.S.C. 2401-2413; 16 U.S.C. 2431-2444; 16 
U.S.C. 972-972h; 16 U.S.C. 916-916l; 16 U.S.C. 1151-1175; 16 U.S.C. 
3601-3608; 16 U.S.C. 1851 note; 15 U.S.C. 4201 et seq.; Pub. L. 102-
587; 106 Stat. 5039.

    Dated: December 29, 2004.
Jane H. Chalmers,
Acting General Counsel, National Oceanic and Atmospheric 
Administration.
[FR Doc. 04-28751 Filed 12-30-04; 3:39 pm]
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