46 C.F.R. Subpart 1.03—Rights of Appeal
Title 46 - Shipping
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 U.S.C. Chapter 93; Public Law 107–296, 116 Stat. 2135; Department of Homeland Security Delegation No. 1070; §1.01–35 also issued under the authority of 44 U.S.C. 3507.
(a) The term recognized classification society means the American Bureau of Shipping or other classification society recognized by the Commandant. (b) The term new vessel means: (1) For vessels which require a Certificate of Inspection, a new vessel is a vessel which has not received an initial Certificate of Inspection. (2) For vessels which do not require a Certificate of Inspection, a new vessel is a vessel which has not received a Load Line assignment. (c) The term existing vessel means a vessel which is not a new vessel.
Link to an amendment published at 71 FR 48482, Aug. 21, 2006. (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 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] Any person directly affected by a decision or action of an OCMI may, after requesting reconsideration of the decision or action by the cognizant OCMI, make a formal appeal of that decision or action, via the office of the cognizant OCMI, to the District Commander of the district in which the office of the cognizant OCMI is located, or in the case of the Officer in Charge, Activities Europe, to the Atlantic Area Commander, in accordance with the procedures contained in §1.03–15 of this subpart. [USCG–2006–24520, 71 FR 35818, June 22, 2006] Any person directly affected by a decision or action of a District Commander made pursuant to §1.03–20 of this subpart, may make a formal appeal of that decision or action, via the office of the cognizant District Commander, to the Commandant, in accordance with the procedures contained in §1.03–15 of this subpart. (a) Any person directly affected by a decision or action of the Marine Safety Center involving tonnage measurement or which otherwise affects a new vessel or plans for a vessel to be built may, after requesting reconsideration of the decision or action by the Commanding Officer, Marine Safety Center, make a formal appeal, of that decision or action, via the Commanding Officer, Marine Safety Center, to the Commandant, in accordance with the procedures contained in §1.03–15 of this subpart. (b) Any person directly affected by a decision or action of the Marine Safety Center not involving tonnage measurement but which otherwise affects an existing vessel, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in §1.03–20 of this subpart. [CGD 97–057, 62 FR 51040, Sept. 30, 1997, as amended by USCG-1998–4442, 63 FR 52188, Sept. 30, 1998] (a) Any person directly affected by a decision or action of a recognized classification society performing plan review, tonnage measurement, or load line assignment on behalf of the Coast Guard may, after requesting reconsideration of the decision or action by the classification society, make a formal appeal, via the classification society headquarters, to the Commandant, in accordance with the procedures contained in §1.03–15 of this subpart. (b) Any person directly affected by a decision or action of a recognized classification society acting as a marine inspector, as defined in §30.10–43 of this chapter, on behalf of the Coast Guard, prior to initiating a formal appeal, must request review of that decision or action by the cognizant OCMI. Following review by the cognizant OCMI, the decision or action under review may be appealed to the District Commander, in accordance with the procedures contained in §1.03–20 of this subpart. [CGD 88–033, 54 FR 50376, Dec. 6, 1989, as amended by CGD 97–057, 62 FR 51041, Sept. 30, 1997]
Link to an amendment published at 71 FR 48482, Aug. 21, 2006. Any person directly affected by a decision or action of an officer or employee of the Coast Guard acting on or in regard to the documentation of a vessel under part 67 or suspension or withdrawal of course approvals under part 10 of this chapter, may make a formal appeal of that decision or action to the Commandant (G-MO) via the Commanding Officer, National Maritime Center, in accordance with procedures contained in §§1.03–15 through 1.03–25 of this subpart. [USCG-1998–3824, 64 FR 4984, Feb. 2, 1999] Any person directly affected by a decision or action of the Director, Great Lakes Pilotage, may make a formal appeal of that decision or action to Commandant (G-M), in accordance with the procedures contained in §1.03–15 of this subpart. [USCG 2003–15137, 68 FR 37093, June 23, 2003]
Title 46: Shipping
PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS
Subpart 1.03—Rights of Appeal
§ 1.03-10 Definition of terms used in this subpart.
§ 1.03-15 General.
§ 1.03-20 Appeals from decisions or actions of an OCMI.
§ 1.03-25 Appeals from decisions or actions of a District Commander.
§ 1.03-30 Appeals from decisions or actions of the Marine Safety Center.
§ 1.03-35 Appeals from decisions or actions of a recognized classification society acting on behalf of the Coast Guard.
§ 1.03-45 Appeals from decisions or actions involving documentation of vessels and suspension or withdrawal of course approvals.
§ 1.03-50 Appeals from decisions or actions of the Director, Great Lakes Pilotage.
