[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR157.06]

[Page 454-455]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO 
TANK VESSELS CARRYING OIL IN BULK--Table of Contents
 
                           Subpart A--General
 
Sec. 157.06  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard official who is 
responsible for that action.
    (b) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (a) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Coast Guard District Commander of the district in which the action was 
taken. The appeal may contain supporting documentation and evidence that 
the appellant wishes to have considered. If requested, the District 
Commander may stay the effect of the action being appealed while the 
ruling is being reviewed. The District Commander issues a ruling after 
reviewing the appeal submitted under this paragraph.
    (c) Any person not satisfied with a ruling made under the procedure 
contained in paragraph (b) of this section may appeal that ruling in 
writing, except as allowed under paragraph (e) of this section, to the 
Assistant Commandant for Marine Safety, Security and Environmental 
Protection, U.S. Coast Guard, Washington, DC 20593-0001. The appeal may 
contain supporting documentation and evidence that the appellant wishes 
to have considered. If requested, the Assistant Commandant for Marine 
Safety, Security and Environmental Protection may stay the effect of the 
action being appealed while the ruling is being reviewed. The Chief, 
Marine Safety, Security and Environmental Protection issues a ruling 
after reviewing the appeal submitted under this paragraph.
    (d) Any decision made by the Assistant Commandant for Marine Safety, 
Security and Environmental Protection under the procedure contained in 
paragraph (c) of this section is final agency action.
    (e) If the delay in presenting a written appeal would have a 
significant adverse impact on the appellant, the appeal under paragraph 
(b) or (c) of this section may initially be presented orally. If an 
initial presentation of the appeal is made orally, the appellant must 
submit the appeal in writing within five days of the oral presentation 
to the Coast Guard official to whom the oral presentation was made. The 
written appeal must contain, at a minimum the basis for the appeal and a

[[Page 455]]

summary of the material presented orally.

[CGD 77-058b, 45 FR 43706, June 30, 1980, as amended by CGD 88-052, 53 
FR 25122, July 1, 1988; CGD 96-026, 61 FR 33667, 33668, June 28, 1996; 
CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, 
June 18, 2002]