TITLE 46 - SHIPPING
CHAPTER I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER A - PROCEDURES APPLICABLE TO THE PUBLIC
PART 1 - ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS
1.03 - 15 - General.
(a) Any person directly affected by a decision or action taken under this chapter or under chapter III of this title, by or on behalf of the Coast Guard, except for matters covered by subpart J of part 5 of this chapter dealing with suspension-and-revocation hearings, shall follow the procedures contained in this section when requesting that the decision or action be reviewed, set aside, or revised.
(b) When requesting that a decision or action be reconsidered or reviewed, as may be required by this subpart, such request must be made within 30 days after the decision is rendered or the action is taken.
(c) When making a formal appeal of a decision or action, as permitted by this subpart, such appeal must be submitted in writing and received by the authority to whom the appeal is required to be made within 30 days after the decision or action being appealed, or within 30 days after the last administrative action required by this subpart. Upon written request and for good cause, the 30 day time limit may be extended by the authority to whom the appeal is required to be made.
(d) A formal appeal must contain a description of the decision or action being appealed and the appellant's reason(s) why the decision or action should be set aside or revised.
(e) When considering an appeal, the Commandant or a District Commander may stay the effect of a decision or action being appealed pending determination of the appeal.
(f) While a request for reconsideration or review or a formal appeal is pending, the original decision or action remains in effect, unless otherwise stayed under paragraph (e) of this section.
(g) The Commandant may delegate authority to act on administrative appeals under this subpart to the Assistant Commandant for Marine Safety and Environmental Protection, and appropriate office chiefs within Marine Safety and Environmental Protection.
(h) Formal appeals made to the Commandant shall be addressed to: (1) Commandant (G-MOC) for appeals involving vessel inspection issues, load line issues, and vessel manning issues; (2) Commandant (G-MS) for appeals involving vessel plan review or tonnage measurement issues; (3) Commanding Officer, National Maritime Center, for appeals involving vessel documentation issues, marine personnel issues, including medical waivers, and suspension or withdrawal of course approvals; or (4) Commandant (G-MSE) for appeals involving the recognition of a classification society.
(5) Commandant (G-M) for appeals involving decisions or actions of the Director, Great Lakes Pilotage.
(i) Failure to submit a formal appeal in accordance with the procedures and time limits contained in this subpart results in the decision or action becoming final agency action.
(j) Any decision made by the Commandant, or by the Assistant Commandant for Marine Safety and Environmental Protection, or by an office chief pursuant to authority delegated by the Commandant is final agency action on the appeal.
[CGD 88033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 89007, CGD 89007a, 58 FR 60265, Nov. 15, 1993; CGD 96041, 61 FR 50725, Sept. 27, 1996; CGD 97057, 62 FR 51040, Sept. 30, 1997; CGD 95010, 62 FR 67532, Dec. 24, 1997; USCG-19984442, 63 FR 52188, Sept. 30, 1998; USCG-19996216, 64 FR 53222, Oct. 1, 1999; USCG-20007790, 65 FR 58457, Sept. 29, 2000; USCG-20018894, 66 FR 31844, June 13, 2001; USCG 2003 15137, 68 FR 37093, June 23, 2003]