---
kind: "section"
citation: "33 C.F.R. § 101.420"
title: "33"
number: "101.420"
heading: "Right to appeal."
url: "https://uscodex.org/cfr/33/101.420"
---

# §101.420. Right to appeal.

- (a) Any person directly affected by a decision or action taken by a COTP under this subchapter, may appeal that action or decision to the cognizant District Commander according to the procedures in [46 CFR 1.03-15](/cfr/46/1.03-15.md).
- (b) Any person directly affected by a decision or action taken by a District Commander, whether made under this subchapter generally or pursuant to [paragraph (a)](#a) of this section, with the exception of those decisions made under [§ 101.410](/cfr/33/101.410.md) of this subpart, may appeal that decision or action to the Commandant (CG-5P), according to the procedures in [46 CFR 1.03-15](/cfr/46/1.03-15.md). Appeals of District Commander decisions or actions made under [§ 101.410](/cfr/33/101.410.md) of this subpart should be made to the Commandant (CG-CVC), according to the procedures in [46 CFR 1.03-15](/cfr/46/1.03-15.md).
- (c) Any person directly affected by a decision or action taken by the Commanding Officer, Marine Safety Center, under this subchapter, may appeal that action or decision to the Commandant (CG-5P) according to the procedures in [46 CFR 1.03-15](/cfr/46/1.03-15.md).
- (d) Decisions made by Commandant (CG-5P), whether made under this subchapter generally or pursuant to the appeal provisions of this section, are considered final agency action.

## Notes

### Amendments

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, Oct. 22, 2003; 68 FR 62502, Nov. 4, 2003; USCG-2008-0179, 73 FR 35009, June 19, 2008; USCG-2013-0397, 78 FR 39173, July 1, 2013]

### Authority

Authority: 46 U.S.C. 70101-70104 and 70124; Executive Order 12656, 3 CFR, 1988 Comp., p. 585; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4.

### Source

Source: USCG-2003-14792, 68 FR 39278, July 1, 2003, unless otherwise noted.

### Amendments

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at 68 FR 60472, Oct. 22, 2003; 68 FR 62502, Nov. 4, 2003; USCG-2008-0179, 73 FR 35009, June 19, 2008; USCG-2013-0397, 78 FR 39173, July 1, 2013]