[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: 33CFR177.04]

[Page 817]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 177--CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS--Table of Contents
 
Sec. 177.04  Order of unsafe condition.

    (a) The Commandant has redelegated to Coast Guard District 
Commanders, with the reservation that this authority shall not be 
further redelegated, the authority, under 46 U.S.C. 4308, to issue 
orders applicable to a specific boat within the District Commander's 
jurisdiction designating that boat unsafe for a specific voyage on a 
specific body of water when it is determined, under the provisions of 
Sec. 177.07(g), that an unsafe condition exists.
    (b) Each order issued by a Coast Guard District Commander under the 
provisions of paragraph (a) of this section will contain:
    (1) Notice that the person upon whom the order is served has the 
right under the Administrative Procedure Act (5 U.S.C. 553(e)), to 
petition for reconsideration and repeal of the order;
    (2) Full title and address of the Coast Guard District Commander to 
whom the petition is to be submitted; and
    (3) Notice that the petition should contain:
    (i) The text or substance of the order which the petitioner seeks to 
have reconsidered and repealed;
    (ii) A statement of the action sought by the petitioner;
    (iii) Whatever arguments or data that are available to the 
petitioner to support the action sought; and
    (iv) An advisement that if the petitioner desires reconsideration 
and repeal of the rule before a specific date, the petition should so 
state and give reasons why action by that date is necessary.
    (c) If a Coast Guard District Commander determines that a petition 
submitted under the provisions of paragraph (b) of this section contains 
adequate justification, the District Commander will initiate prompt 
action to repeal the order. If the District Commander determines that 
repeal of the order is not justified, the District Commander will issue 
prompt written notice of denial to the petitioner.

[CGD 95-057, 60 FR 34150, June 30, 1995]