[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of Octobery 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR1.03-15]

[Page 11-12]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 1_ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY 
FUNCTIONS--Table of Contents
 
                      Subpart 1.03_Rights of Appeal
 
Sec. 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

[[Page 12]]

by the Commandant is final agency action on the appeal.

[CGD 88-033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 89-007, CGD 
89-007a, 58 FR 60265, Nov. 15, 1993; CGD 96-041, 61 FR 50725, Sept. 27, 
1996; CGD 97-057, 62 FR 51040, Sept. 30, 1997; CGD 95-010, 62 FR 67532, 
Dec. 24, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998; USCG-1999-
6216, 64 FR 53222, Oct. 1, 1999; USCG-2000-7790, 65 FR 58457, Sept. 29, 
2000; USCG-2001-8894, 66 FR 31844, June 13, 2001; USCG 2003-15137, 68 FR 
37093, June 23, 2003]