Stellwagen Bank FEIS/MP Appendices Page A13 



(f) The Director or designee may amend the terms and conditions deemed necessary to protect Sanctuary 

 resources and quaUties whenever additional information becomes available justifying such an amendment. 



(g) Any time limit prescribed in or established under this § 940.11 may be extended by the Director or 

 designee for good cause. 



(h) The applicant may appeal any objection by, or terms or conditions imposed by, the Director or designee 

 to the Assistant Administrator of designee in accordance with the provisions set forth in § 940.12. 



§ 940.12 Appeals of administrative action. 



(a) 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 § 940.9 National Marine Sanctuary permit, an 

 appUcant for, or a holder of, a Section 310 of the Act Special Use permit, a § 940.10 certification requester 

 or a § 940.11 apphcant (hereinafter appellant) may appeal to the Assistant Administrator or designee: 1) 

 the grant, denial, conditioning, amendment, suspension or revocation by the Director or designee of a 

 National Marine Sanctuary or Special Use permit; 2) the conditioning, amendment, suspension or revocation 

 of a certification under § 940.10; or 3) the objection to issuance or the imposition of terms and conditions 

 under § 940.11. 



(b) An appeal under paragraph (a) of this § 940.12 must be in writing, state the action(s) by the Director 

 or designee appealed and the reason(s) for the appeal, and be received within 30 days of receipt of notice 

 of the action by the Director or designee. Appeals should be addressed to the Assistant Administrator, 

 Office of Ocean and Coastal Resource Management, ATTN: Sanctuaries and Reserves Division, Office of 

 Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric 

 Administration, 1305 East-West Highway, Silver Spring, Maryland 20910. 



(c) While the appeal is pending, appellants requesting certification pursuant to § 940.10 who are in 

 compliance with such section may continue to conduct their activities without being in violation of the 

 prohibitions in paragraphs (a)(l)-(2) and (4)-(8) of § 940.5. All other appellants may not conduct their 

 activities without being subject to the prohibitions in paragraphs (a)(l)-(2) and (4)-(9) of § 940.5. 



(d) The Assistant Administrator or designee may request the appellant to submit such information as the 

 Assistant Administrator or designee deems necessary in order for him or her to decide the appeal. The 

 information requested must be received by the Assistant Administrator or designee within 45 days of the 

 postmark date of the request. The Assistant Administrator may seek the views of any other persons. The 

 Assistant Administrator or designee may hold an informal hearing on the appeal. If the Assistant 

 Administrator or designee determines that an informal hearing should be held, the Assistant Administrator 

 or designee may designate an officer before whom the hearing shall be held. 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 or designee may appear personally or by counsel at the hearing and submit such material and 

 present such jirguments 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 

 or designee. 



(e) The Assistant Administrator or designee shall decide the appeal using the same regulatory criteria as 

 for the initial decision jmd shall base the appeal decision on the record before the Director or designee 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 or designee 

 shall notify the appellant of the final decision and the reason(s) therefor in writing. The Assistant 



