CFR > Title 50 - Wildlife and Fisheries > CHAPTER II—NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE > SUBCHAPTER C—MARINE MAMMALS (Parts 216–229) > PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS > SUBPART N—Taking Of Marine Mammals Incidental To Missile Launch Activities from San Nicolas Island, CA (§216.150 to §216.159) > 216.159—Modifications of Letters of Authorization.

216.159—Modifications of Letters of Authorization.

(a) Except as provided in paragraph (b) of this section, no substantive modification (including withdrawal or suspension) to the Letter of Authorization by NMFS, issued pursuant to §§ 216.106 and 216.157 and subject to the provisions of this subpart shall be made until after notification and an opportunity for public comment has been provided. For purposes of this paragraph, a renewal of a Letter of Authorization under § 216.158, without modification (except for the period of validity), is not considered a substantive modification.
(b) If the Assistant Administrator determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in § 216.150(b), a Letter of Authorization issued pursuant to §§ 216.106 and 216.157 may be substantively modified without prior notification and an opportunity for public comment. Notification will be published in the Federal Register within 30 days subsequent to the action.