---
kind: "section"
citation: "33 C.F.R. § 1.01-40"
title: "33"
number: "1.01-40"
heading: "Delegation to the Vice Commandant."
url: "https://uscodex.org/cfr/33/1.01-40"
---

# §1.01-40. Delegation to the Vice Commandant.


The Commandant delegates to the Vice Commandant authority to take final agency action under [46 CFR part 5](/cfr/46/part5.md), Subparts [I](/cfr/33/subpartI.md), [J](/cfr/33/subpartJ.md) and K on each petition to reopen a hearing and on each appeal from a decision of an Administrative Law Judge, except on petition or appeal in a case in which an order of revocation has been issued. This delegation does not prevent the Vice Commandant from acting as Commandant, as prescribed in [14 U.S.C. 304](/usc/14/304.md), for all purposes of [46 CFR part 5](/cfr/46/part5.md).


## Notes

### Amendments

[CGD 85-071, 51 FR 22805, June 23, 1986, as amended by CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2020-0304, 85 FR 58275, Sept. 18, 2020]

### Authority

Authority: 14 U.S.C. 502, 503, 505; 33 U.S.C. 401, 491, 525, 1321, 2716, and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; DHS Delegation No. 00170.1, Revision No. 01.4; section 1.01-70 also issued under the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.

### Amendments

[CGD 85-071, 51 FR 22805, June 23, 1986, as amended by CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2020-0304, 85 FR 58275, Sept. 18, 2020]