[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: 33CFR158.190]

[Page 515]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 158--RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, AND 
GARBAGE--Table of Contents
 
                           Subpart A--General
 
Sec. 158.190  Appeals.

    (a) Any person directly affected by an action taken under this part 
may request reconsideration by the Coast Guard officer responsible for 
that action.
    (b) Except as provided under paragraph (e) of this section, the 
person affected who is not satisfied with a ruling after having it 
reconsidered under paragraph (a) of this section may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Coast Guard District Commander of the district in which the action 
was taken; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (c) The District Commander issues a ruling after reviewing the 
appeal submitted under paragraph (b) of this section. Except as provided 
under paragraph (e) of this section, the person affected who is not 
satisfied with this ruling may--
    (1) Appeal that ruling in writing within 30 days after the ruling to 
the Assistant Commandant for Marine Safety, Security and Environmental 
Protection, U.S. Coast Guard, Washington, DC, 20593; and
    (2) Supply supporting documentation and evidence that the appellant 
wishes to have considered.
    (d) After reviewing the appeal submitted under paragraph (c) of this 
section, the Assistant Commandant for Marine Safety, Security and 
Environmental Protection issues a ruling which is final agency action.
    (e) If the delay in presenting a written appeal has an adverse 
impact on the operations of the appellant, the appeal under paragraph 
(b) or (c) of this section--
    (1) May be presented orally; and
    (2) Must be submitted in writing within five days after the oral 
presentation--
    (i) With the basis for the appeal and a summary of the material 
presented orally; and
    (ii) To the same Coast Guard official who heard the oral 
presentation.

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 96-026, 61 FR 
33668, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-
12471, 67 FR 41333, June 18, 2002]