50 CFR § 228.4 - Notice of hearing.

---
identifier: "/us/cfr/t50/s228.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 228.4 - Notice of hearing."
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "228.4"
section_name: "Notice of hearing."
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "228"
part_name: "NOTICE AND HEARING ON SECTION 103(d) REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1361"
regulatory_source: "65 FR 39560, June 27, 2000, unless otherwise noted."
cfr_part: "228"
---


# 228.4 Notice of hearing.

(a) A notice of hearing on any proposed regulations shall be published in the *Federal Register,* together with the Assistant Administrator's proposed determination to waive the moratorium pursuant to section 101(a)(3)(A) of the Act (16 U.S.C. 1371(a)(3)(A)), where applicable.

(b) The notice shall state:

(1) The nature of the hearing;

(2) The place and date of the hearing. The date shall not be less than 60 days after publication of notice of the hearing;

(3) The legal authority under which the hearing is to be held;

(4) The proposed regulations and waiver, where applicable, and a summary of the statements required by section 103(d) of the Act (16 U.S.C. 1373(d));

(5) Issues of fact which may be involved in the hearing;

(6) If a draft Environmental Impact Statement is required, the date of publication of the draft and the place(s) where the draft and comments thereon may be viewed and copied;

(7) Any written advice received from the Marine Mammal Commission;

(8) The place(s) where records and submitted direct testimony will be kept for public inspection;

(9) The final date for filing with the Assistant Administrator a notice of intent to participate in the hearing pursuant to § 228.5;

(10) The final date for submission of direct testimony on the proposed regulations and waiver, if applicable, and the number of copies required;

(11) The docket number assigned to the case which shall be used in all subsequent proceedings; and

(12) The place and date of the pre-hearing conference.