Title 14 — Coast Guard
Chapter 5 — Functions and Powers
§ 562. Appeals and waivers
Statutory text
Except for the Commandant, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall—
be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or
have a senior staff member who—
meets the requirements of paragraph (1);
actively advises the individual adjudicating the appeal; and
concurs in writing on the decision on appeal.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Coast Guard Modernization Act of 2010
Pub. L. 111–281 title V § 524(a) · 124 Stat. 2905
Enacted · 14 U.S.C. § 562
Added Pub. L. 111–281, title V, § 524(a), Oct. 15, 2010, 124 Stat. 2958, § 102
Source evidence
Code source credit
Added Pub. L. 111–281, title V, § 524(a), Oct. 15, 2010, 124 Stat. 2958, § 102Enacted provision · exact public law section
(a) In General.— Chapter 5 of title 14, United States Code, is further amended by inserting at the end the following new section: “§ 102. Appeals and waivers “Except for the Commandant of the Coast Guard, any individual adjudicating an appeal or waiver of a decision regarding marine safety, including inspection or manning and threats to the environment, shall— “(1) be a qualified specialist with the training, experience, and qualifications in marine safety to effectively judge the facts and circumstances involved in the appeal and make a judgment regarding the merits of the appeal; or “(2) have a senior staff member who— “(A) meets the requirements of paragraph (1); “(B) actively advises the individual adjudicating the appeal; and “(C) concurs in writing on the decision on appeal.” .Effective date note
Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(6)(A) is effective with the enactment of Pub. L. 111–281.Pub. L. 111–330 § 1(6)(A) · 124 Stat. 3569
Changed · 14 U.S.C. § 562
Pub. L. 111–330 renumbered section 102 of this title as this section
Source evidence
Code amendment note
Pub. L. 111–330 renumbered section 102 of this title as this section.Enacted provision · exact public law section
(A) in subsection (a), in the quoted matter, by redesignating section 102 as section 101; andEffective date note
Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(6)(A) is effective with the enactment of Pub. L. 111–281.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. C title XXXV § 3531(c)(2) · 132 Stat. 1636
Substituted · 14 U.S.C. § 562
Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions.Enacted provision · exact public law section
(2) in section 101 by striking “Commandant of the Coast Guard” and inserting “Commandant”;Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 105(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 562
Pub. L. 115–282 renumbered section 101 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 101 of this title as this section.Enacted provision · exact public law section
(b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 5 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 92Secretary; general powers501 631Delegation of powers by the Secretary502 633Regulations503 93Commandant; general powers504 632Functions and powers vested in the Commandant505 520Prospective payment of funds necessary to provide medical care506 153Appointment of judges507 88Saving life and property521 89Law enforcement522 99Enforcement authority523 100Enforcement of coastwise trade laws524 95Special agents of the Coast Guard Investigative Service law enforcement authority525 637Stopping vessels; indemnity for firing at or into vessel526 91Safety of naval vessels527 104Protecting against unmanned aircraft528 81Aids to navigation authorized541 83Unauthorized aids to maritime navigation; penalty542 84Interference with aids to navigation; penalty543 85Aids to maritime navigation; penalty544 86Marking of obstructions545 642Deposit of damage payments546 643Rewards for apprehension of persons interfering with aids to navigation547 87Icebreaking in polar regions561 101Appeals and waivers562 103Notification of certain determinations563
4 of 4 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 562 was renumbered section 1102 of this title.
Another prior section 562, act Aug. 4, 1949, ch. 393, 63 Stat. 539; Aug. 3, 1950, ch. 536, § 27, 64 Stat. 407, related to deck courts, prior to repeal by act May 5, 1950, ch. 169, §§ 5, 14(v), 64 Stat. 145, 148, effective .
Amendments2010–2018 · 2 rounds
2018
Pub. L. 115–282 renumbered section 101 of this title as this section.
Pub. L. 115–232 substituted “Commandant” for “Commandant of the Coast Guard” in introductory provisions.
2010
Pub. L. 111–330 renumbered section 102 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–330, § 1, , 124 Stat. 3569, provided that the amendment made by section 1(6)(A) is effective with the enactment of Pub. L. 111–281.
Credits
2010–2018 · 4 acts
- 2010Added Pub. L. 111–281, title V, § 524(a), , 124 Stat. 2958, § 102
- 2010renumbered § 101, Pub. L. 111–330, § 1(6)(A), , 124 Stat. 3569
- 2018amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(2), , 132 Stat. 2320
- 2018renumbered § 562, Pub. L. 115–282, title I, § 105(b), , 132 Stat. 4200.
Show as published
(Added Pub. L. 111–281, title V, § 524(a), , 124 Stat. 2958, § 102; renumbered § 101, Pub. L. 111–330, § 1(6)(A), , 124 Stat. 3569; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(2), , 132 Stat. 2320; renumbered § 562, Pub. L. 115–282, title I, § 105(b), , 132 Stat. 4200.)