---
kind: "section"
citation: "33 C.F.R. § 158.190"
title: "33"
number: "158.190"
heading: "Appeals."
url: "https://uscodex.org/cfr/33/158.190"
---

# §158.190. Appeals.

- (a) Any person directly affected by an action taken under this part may request reconsideration by the Coast Guard officer responsible for that action.
- (b) Except as provided under [paragraph (e)](#e) of this section, the person affected who is not satisfied with a ruling after having it reconsidered under [paragraph (a)](#a) of this section may—
  - (1) Appeal that ruling in writing within 30 days after the ruling to the Coast Guard District Commander of the district in which the action was taken; and
  - (2) **Supply supporting documentation and evidence that the appellant wishes to have considered.**
- (c) The District Commander issues a ruling after reviewing the appeal submitted under [paragraph (b)](#b) of this section. Except as provided under [paragraph (e)](#e) of this section, the person affected who is not satisfied with this ruling may—
  - (1) **Appeal that ruling in writing within 30 days after the ruling to the Commandant (CG-5P), Attn—** Deputy for Operations Policy and Capabilities, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501; and
  - (2) **Supply supporting documentation and evidence that the appellant wishes to have considered.**
- (d) After reviewing the appeal submitted under [paragraph (c)](#c) of this section, the Assistant Commandant for Marine Safety, Security and Environmental Protection issues a ruling which is final agency action.
- (e) If the delay in presenting a written appeal has an adverse impact on the operations of the appellant, the appeal under paragraph [(b)](#b) or [(c)](#c) of this section—
  - (1) May be presented orally; and
  - (2) **Must be submitted in writing within five days after the oral presentation—**
    - (i) With the basis for the appeal and a summary of the material presented orally; and
    - (ii) **To the same Coast Guard official who heard the oral presentation.**

## Notes

### Amendments

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-0410, 79 FR 38439, July 7, 2014]

### Source

Source: CGD 85-010, 52 FR 7761, Mar. 12, 1987, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1903(b), 1905(c); 49 CFR 1.46.

### Amendments

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-0410, 79 FR 38439, July 7, 2014]